EGYPT Law and Practice Contributed by: Mohamed Hashish, Heba El Abd, Farida Rezk, Omar Aboul-Ella, Mariam Rabie and Mohamed Selim, Soliman, Hashish & Partners
longs to a member state of the WTO, or the sound is first recorded in the territory of a member state of the WTO. (c) if the performance is broadcast by a broadcasting organisation based in a member state of the WTO, and the broad - cast is broadcast from a transmitter also located in a member state of the WTO. • for producers of phonograms: if the sound is first recorded in a member state of the WTO; and • for broadcasting organisations: if the head - quarters of the broadcasting organisation is located in the territory of a member state of the WTO, and the broadcasting programme has been broadcast from a transmitter also located in the territory of a member state of the WTO. 7.5 Others It is worth noting that plant varieties developed in Egypt or abroad, whether they are obtained in a biological or non-biological manner, shall enjoy protection in accordance with the provi - sions of the Intellectual Property Law upon their registration in the register of plant varieties that grant the right of protection. In order to enjoy protection, the variety must be characterised by novelty, distinction, homogeneity, and stability, and bear its own name. The Intellectual Property Law stipulates that the period of protection of plant varieties shall be 25 years for trees and grapes, and 20 years for other agricultural crops. Further, undisclosed information shall be pro - tected in accordance with the provisions of the Intellectual Property Law, provided that the fol - lowing conditions are met: • the information is confidential in nature, such that the details of the information or its com - posite components are not widely known or
circulated among individuals in the specific industrial sector related to the information; • its commercial value is derived from its confi - dential status; and • its confidentiality relies on the effective measures undertaken by its lawful owner to maintain it.
8. Data Protection 8.1 Applicable Regulations
The general laws regulating data protection in Egypt are the Constitution, the Penal Code No 58 of 1937, and the Anti-Cybercrime Law No 175 of 2018 (“Cybercrime Law”). It is worth noting that the main legislation governing personal data is the Data Protection Law No 151 of 2020 (”Data Protection Law”) which applies to any personal data that is subject to any electronic processing whether partially or entirely, with the exception of certain data that is processed by the Central Bank of Egypt. The Data Protection Law pro - hibits personal data from being collected, pro - cessed, or disclosed by any means except with the explicit consent of the data subject. Further, the Data Protection Law places restrictions and conditions on the transfer of any “personal data” abroad, which is subject to a licence from the Data Protection Centre (DPC) and a certain level of protection not less than the one provided for under the Data Protection Law. However, it is worth noting that the applicability of the Data Protection Law is subject to the issuance of the Executive Regulations, which have not yet been issued. 8.2 Geographical Scope The Data Protection Law applies to any proces - sor, controller or handler, whether corporate or natural, who breaches the Data Protection Law if they are:
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