IRAQ Law and Practice Contributed by: Ahmed Al-Janabi, MENA Associates in association with AMERELLER
8.2 Geographical Scope Since there are no specific data protection laws in place, the applicability of data protection leg - islation to foreign companies is not regulated. Although there are no compliance measures in this case to be taken into consideration from existing legislation, there are general provisions that may be used to challenge any data used or disclosed. For instance, Article 437 of the Iraqi Penal Code penalises anyone who has access to confidential information and discloses or uses such information unless otherwise required by law. However, it also states that there would be no penalty if such disclosure is intended to report a felony or misdemeanour. 8.3 Role and Authority of the Data Protection Agency In the absence of a data protection law, violations of data protection rules would be addressed by the judiciary, which would apply Iraqi Civil Code No 40 of 1951 and Iraqi Penal Code No 111 of 1969. 9. Looking Forward 9.1 Upcoming Legal Reforms No major legislative reforms are expected in the near future for Iraq.
• works performed by artistic movement or steps, and that are materially prepared for production; • musical works, whether accompanied by words or not; • photographic and cinematographic works; • works prepared for radio and television; • charts, drawings and scientific three-dimen - sional figures; • public recitals of the Quran; The author’s economic rights are protected throughout the lifetime of the author and for 50 years from the date of their death. 7.5 Others In addition to the protection of inventions by pat - ents and industrial designs, the Patent Law, as amended by CPA Order No 81, grants protection for undisclosed information, integrated circuits and plant varieties. Iraq is a member of the Paris Convention on the Protection of Industrial Property (Stockholm Act). • sound recordings; and • compilations of data.
8. Data Protection 8.1 Applicable Regulations
Iraqi legislation does not currently have a spe - cific data protection or privacy law in place. In the absence of such a law, certain general pro - visions from the civil and penal codes involving privacy would apply.
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