SIERRA LEONE
Since July 2016
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
National Civil Registration Act 2016 (No. 14)
Section 28(3) and 34(2) of the Civil Registration Act mandate that the civil register, which contains personal data of residents, be maintained and kept at the chiefdom, district and national level. Likewise, the personal registration file should be kept at the region, district or chiefdom of the individual. This is applicable to personal data stored in the Civil Register.
Coverage Public sector
SIERRA LEONE
Since 2006, last amended in 2009
Since November 2020
Since November 2020
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Telecommunications Act, 2006 (No. 9)
Telecommunications (Licensing) Regulations, 2020
Telecommunications (Licensing) Regulations, 2020
There is a requirement for telecommunications operators to obtain licenses. Yet, the approval for a license is not required for agreements between two local companies. Also, the licensing regime is reported to be restrictive, as it imposes lengthy lengthy processes on new market entrants. According to Section 20 of the Telecommunications Act, no person shall engage in any activity as a telecommunications operator unless they have been licensed for that purpose by the National Telecommunication Commission (NATCOM). Section 2 of the Telecommunications (Licensing) Regulations confirms the need for business licenses and authorisations for telecommunications, broadband communications and ancillary services in Sierra Leone.
Section 50 of the Telecommunications Act places additional scrutiny on agreements between local and foreign public telecommunications companies. It states that all agreements between local and foreign telecommunications companies should be submitted to the Commission for approval or modification of any terms. In considering the agreement for approval, the Commission shall take into account any exclusionary or discriminatory practices of the foreign-based service providers and telecommunications authorities and shall ensure that the local service providers are not subjected to unreasonable terms or discrimination.
Section 50 of the Telecommunications Act places additional scrutiny on agreements between local and foreign public telecommunications companies. It states that all agreements between local and foreign telecommunications companies should be submitted to the Commission for approval or modification of any terms. In considering the agreement for approval, the Commission shall take into account any exclusionary or discriminatory practices of the foreign-based service providers and telecommunications authorities and shall ensure that the local service providers are not subjected to unreasonable terms or discrimination.
Coverage Telecommunications sector
SIERRA LEONE
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Sierra Leone has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
SIERRA LEONE
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Sierra Leone does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
SIERRA LEONE
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The fixed network operator the incumbent "Sierratel" is a state-owned monopoly. It is the only provider in the fixed landline segment of the Industry. The infrastructure loss as a result of the civil war affected the operations of the operator. It has since launched mobile telecoms services, with about 3% of the market share.
Although the telecommunications sector has been liberalised, it is reported that one of the major obstacles for affordable broadband internet in Sierra Leone is the de-facto monopoly and inefficient operation of the international gateway by the state-owned Sierra Leone Cable Limited (SALCAB). The Telecommunications Act was amended in 2015 with the aim to liberalize the international gateway through a repeal and replacement of Section (33) of the 2006 Telecommunications Act to curtail the monopoly of incumbent Sierratel over the international gateway, but there have been delays in the liberalisation of the gateway.
Although the telecommunications sector has been liberalised, it is reported that one of the major obstacles for affordable broadband internet in Sierra Leone is the de-facto monopoly and inefficient operation of the international gateway by the state-owned Sierra Leone Cable Limited (SALCAB). The Telecommunications Act was amended in 2015 with the aim to liberalize the international gateway through a repeal and replacement of Section (33) of the 2006 Telecommunications Act to curtail the monopoly of incumbent Sierratel over the international gateway, but there have been delays in the liberalisation of the gateway.
Coverage Telecommunications sector
SIERRA LEONE
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Sierra Leone to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
SIERRA LEONE
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of effective protection of trade secrets
Sierra Leone does not have a framework on trade secret protection. Some trade secrets provisions can be found in the Right to Access Information Act, which restricts a public authority from communicating information obtained from a third party where the disclosure of the information would divulge a trade secret or could prejudice the commercial interests of that third party.
Coverage Horizontal
SIERRA LEONE
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Sierra Leone has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SIERRA LEONE
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Sierra Leone has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SIERRA LEONE
Since October 2011
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyrights Act 2011 (No. 8)
Sierra Leone has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. The fair dealing provisions are contained in Sections 9 and 14 of the Copyright Act, while the provisions highlighting other instances of permitted use of copyrighted materials can be found in Sections 27-37. The exceptions include: private reproduction for personal purpose, temporary reproduction, reproduction in the form of quotation, reproduction for teaching, libraries and archives, broadcasting and other communication to the public, publication of portraits in events of public interest, reproduction and adoption of computer programmes, importation for personal purposes, display of works, and ephemeral recordings, among others.
Coverage Horizontal
SIERRA LEONE
Reported in 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Although Sections 72-73 of the Copyrights Act provide for civil remedies and criminal sanctions for unauthorised use of copyrighted materials, there are still cases of piracy of protected works in the country. It is reported that legal protection is weak and inadequate, and there is limited enforcement of intellectual property laws due to resource and capacity limitations.
Coverage Horizontal
SIERRA LEONE
Since June 1997
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Sierra Leone is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SIERRA LEONE
Since October 2012
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Patents and Industrial Designs Act, 2012 (No. 12)
According to Section 11(3) of the Patents and Industrial Act, applicants whose ordinary residence or principal place of business is outside Sierra Leone have to be represented by an agent based in Sierra Leone.
Coverage Horizontal
SIERRA LEONE
Reported in 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Lack of effective enforcement of patents
It is reported that there is minimal government enforcement of patents and other forms of Intellectual Property due to resource and capacity limitations. As a result, the administration of justice has largely relied on the customary and usual claims founded on either torts, contracts, petitions, admiralty and criminal offences to the exclusion of Laws specific to Intellectual Property.
Coverage Horizontal
SIERRA LEONE
Since August 2009
Since November 2015
Since November 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Companies Act, 2009 (No. 5)
Companies Regulations, 2015
Companies Regulations, 2015
Although Section 247 of the Companies Act requires companies to keep a register of its directors, including their names, nationality, and usual residential address, it does not state whether any of the directors are required to reside in the country. However, Section 485 of the Act mandates foreign companies operating in Sierra Leone to submit some documents/information, which includes, among other things, the name, address and occupation of the person authorised to manage the company in Sierra Leone; and the names and addresses of one or more persons resident in Sierra Leone authorised to accept on behalf of the company service of process and any notices required to be served on the company. The provisions of Section 485 suggest that an officer or a representative of the company is required to be resident in Sierra Leone.
In addition, Section 14 of the Companies Regulations of 2015 provides that foreign nationals may hold equity in any private business enterprise and undertake any type of business in Sierra Leone, but foreign nationals serving as executive directors shall submit to the Corporate Affairs Commission (CAC) residence and work permit before undertaking, in part or whole, any business enterprise in Sierra Leone. The need to submit residence and work permits to the CAC suggests they are expected to be resident in the country.
In addition, Section 14 of the Companies Regulations of 2015 provides that foreign nationals may hold equity in any private business enterprise and undertake any type of business in Sierra Leone, but foreign nationals serving as executive directors shall submit to the Corporate Affairs Commission (CAC) residence and work permit before undertaking, in part or whole, any business enterprise in Sierra Leone. The need to submit residence and work permits to the CAC suggests they are expected to be resident in the country.
Coverage Horizontal