Database

Browse Database

MAURITIUS

Since November 2021

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Cybersecurity and Cybercrime Act 2021
Under Section 26 of the Cybersecurity and Cybercrime Act, an investigatory authority can serve a notice on a person who is in possession or control of traffic data for the expedited preservation or disclosure of the traffic data without a warrant. The Act defines an investigatory authority as the police or any other body lawfully empowered to investigate any offence. Traffic data is defined as any computer data relating to a communication by means of a computer system, generated by a computer system that forms a part of the chain of communication, indicating the communication’s origin, destination, route, time, date, size, duration, or type of underlying service.
Coverage Horizontal

MAURITIUS

Since August 2001

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Act 23/2000, Electronic Transactions Act
The Electronic Transactions Act 2000 establishes a safe harbour regime for intermediaries for copyright infringements. In accordance with Art. 9 of the Act, a network service provider shall not be subject to any civil or criminal liability in respect of third-party material in the form of an electronic record to which it merely provides access, where such liability is limited to the creation, publication, dissemination or distribution of such material or any statement made in such material; or the infringement of any rights subsisting in relation to such material. Under the Act, "providing access" in relation to third-party material means providing the necessary technical means by which the third-party material can be accessed.
Coverage Internet intermediaries

MAURITIUS

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Mauritius has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

MAURITIUS

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Mauritius has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

MAURITIUS

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive regulation on trade secrets
Mauritius does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to trade secrets in Sections 4 and 9 of the Protection against Unfair Practices (Industrial Property Rights) Act.
Coverage Horizontal

MAURITIUS

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Mauritius to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

MAURITIUS

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government holds controlling shares in Mauritius Telecom, the leading provider of voice, mobile, Internet and data communication services in Mauritius. The government owns 33.5% of the shares, while SBM Holdings Ltd, also owned by the government, owns 19% of the shares.
Coverage Telecommunications sector

MAURITIUS

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Mauritius does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

MAURITIUS

Since April 1994

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Mauritius has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

MAURITIUS

Since December 2001, last amended in 2021

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Act 44/2001, Information and Communication Technologies Act 2001
Section 4 of the Information and Communication Technologies Act provides the establishment of the Information and Communication Technologies Authority. This mission is to promote affordable and adequate access to quality ICT services through functional market-driven competition and regulatory principles in a trouble-free Networked Information and Knowledge Society. It is reported that this entity is autonomous in the decision-making process.
Coverage Telecommunications sector

MAURITIUS

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Mauritius is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

MAURITIUS

Since January 2001, last amended in 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Independent Broadcasting Authority (IBA) Act
The Independent Broadcasting Authority (IBA) Act under Section 19 provides that the allowable equity participation of a foreign company investing in broadcasting should be below 49.9%. Similarly, control by foreign nationals in broadcasting is limited to 49.9%. Furthermore, a foreign investor cannot hold 20% or more of a company that owns or controls any newspaper or magazine or any printing press publishing such as a newspaper or magazine. It is not clear whether these provisions apply online.
Coverage Broadcasting and newspapers

MAURITIUS

Since December 2001, last amended in July 2017

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Companies Act 2001
Section 132 of the Companies Act provides that a company must have at least one director who is ordinarily resident in Mauritius.
Coverage Horizontal

MAURITIUS

Reported in 2017, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Screening of investment
It is reported that the Investment Office of the Economic Development Board (EDB) reviews foreign investment proposals based on their economic benefits, environmental impact, and national security concerns. If an investment fails to pass the review process, the prospective investor may appeal the decision either to the EDB or to the relevant ministry
Coverage Horizontal

MAURITIUS

Since March 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Mauritius is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

Report issue     Report new measure