EGYPT Law and Practice Contributed by: Ibrahim Shehata, Hesham Kamel, Hana ElBarbary and Dima Mazen, Shehata & Partners
ecommunications equipment, or data hosting and cloud computing services; • licences and permits – obtaining the necessary authorisations from the NTRA is essential; • agreement details – scope, duration, territory, quality of service, and confidentiality obliga - tions should be specified in the NTRA licence; and • compliance with equipment licensing require - ments – essential for any telecoms equipment used. Negotiating favourable terms To negotiate favourable terms in telecommuni - cations service agreements, companies should ensure: • transparency and fairness – to clearly outline each party’s responsibilities, technical specifi - cations, pricing and operational plans; • flexibility in technology use and development – to avoid restrictive clauses that could limit operational freedom; • there are provisions for regular updates and improvements – to ensure the technology and services provided are kept up to date; and • they have legal counsel – to help navigate negotiations to cover all regulatory and legal aspects effectively. Considerations for Interconnection Agreements When entering interconnection agreements, TMT companies must consider the following. Regulatory compliance • Ensure connectivity between users across dif - ferent networks and services as mandated by the Telecommunications Law. • Include protection measures to safeguard networks from interference or harm resulting from interconnection.
• Adhere to intellectual property rights and notify if there are any changes impacting services. Technical specifications • Detail interconnection points and standards for network management and fault recovery. • Establish non-discriminatory terms to ensure fairness. Economic aspects • Specify interconnection charges, payment terms, and billing procedures based on cost models approved by the NTRA. 8. Trust Services and Digital Entities 8.1 Trust Services and Electronic Signatures/Digital Identity Schemes Trust services, e-signatures, and digital identity schemes are regulated under the E-Signature Law and its executive regulations, which fall under the Telecommunications Law. The E-Sig - nature Law, issued in alignment with Evidence Law No 25 of 1968 and Protection of Intellectual Property Rights Law No 82 of 2002, aims to regu - late e-signatures and establish ITIDA to oversee e-signature services and electronic transactions. Key Provisions of the E-Signature Law In March 2021, ITIDA issued a general “Certifi - cate Policy” guideline, establishing that ITIDA operates the Egyptian Root-CA, issuing cer - tificates for certified service providers (SPs) for e-signatures and electronic seals. Licensed and certified SPs in Egypt include: • The Egyptian Co. For Digital Signature & Information Security SAE (Egypt Trust); • El Delta Electronic Systems;
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