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SEYCHELLES

Since January 2021

Pillar Intermediary liability  |  Sub-pillar User identity requirement
S.I. 2 of 2021, Broadcasting and Telecommunication Act, 2000, (Cap 19), Broadcasting and Telecommunication (Records of Customers of Prepaid Mobile Services by Operators of Public Land Mobile Network) (Amendment Regulation) 2021
According to Section 2. C of the Broadcasting and Telecommunication Act 2021 (amending the Broadcasting and Telecommunication Act), services providers must submit all customer records for activated mobile services before the 5th day of each month. Secondly, they must register and verify customer details before activating mobile services on purchased starter packs or subscriber information module cards. These measures aim to ensure proper record-keeping and verification processes for enhanced regulatory compliance and customer protection.
Coverage Telecommunications sector

SEYCHELLES

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Seychelles's law and jurisprudence.
Coverage Internet intermediaries

SEYCHELLES

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Seychelles's law and jurisprudence.
Coverage Internet intermediaries

SEYCHELLES

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of binding commitments on data flows
Seychelles is not participating in trade or regional agreements committed to open transfer or cross-border data flows.
Coverage Horizontal

SEYCHELLES

N/A

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive data protection regime
Seychelles lacks a comprehensive data protection regime. The Data Protection Act, was passed in 2003 with the aim of ensuring that personal data is obtained and processed in a fair and lawful manner. However, it is not currently in force.
Coverage Horizontal

SEYCHELLES

Since November 2013

Pillar Cross-border data policies  |  Sub-pillar Local storage requirement
Financial Leasing Act, 2013
According to Section 56(1) of the Financial Leasing Act, every financial leasing institution shall maintain in the Seychelles for a period of at least seven years certain records including: customer identification records, during and after termination of the customer relationship; transaction records showing, for each customer, at least on a daily basis, particulars of its transactions with or for the account of that customer, and the balance owing to or by that customer. According to Section 56 (2), every record shall be kept in written form or kept in digital format and it shall be the duty of the financial leasing institution to ensure that adequate data recovery systems and procedures are in place.
Coverage Financial leasing institutions

SEYCHELLES

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Lack of independent telecom authority
Seychelles has a telecommunications authority: Seychelles Department of Information Communication Technology (DICT). However, it is reported that this entity is not fully independent. The DICT is a department under the President's Office with the mandate to develop legislations, regulations and policies pertaining to telecommunication and related services, and implement legislations, regulations and policies pertaining to telecommunication and related services.
Coverage Telecommunications sector

SEYCHELLES

Since April 2015

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Seychelles has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

SEYCHELLES

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Seychelles does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation.
Coverage Telecommunications sector

SEYCHELLES

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of government-owned shares in a telecom company
It is reported that the Government of Seychelles owns 40.6% shareholding of Seychelles Cable Systems Company Limited (SCS). SCS is a private-public partnership made up of the Seychelles Government, Cable & Wireless (33.4%) and Airtel (26%) that was set-up to act as a promoter of the Seychelles East Africa Submarine (SEAS) cable project.
Coverage Telecommunications sector

SEYCHELLES

Since April 2000

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Broadcasting and Telecommunication Act
According to Art. 35(e) of the Broadcasting and Telecommunication Act, every person providing a telecommunication service has the duty to afford access to towers, poles, ducts, conduits, and such person's right-of-way to his competitors on rates, terms, and conditions that are reasonable and non-discriminatory.
Coverage Telecommunications sector

SEYCHELLES

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regime on trade secrets
Seychelles 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 them. The Industrial Property Act provides a definition under Section 106 stating that information shall be considered "undisclosed information" if:
- it is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;
- it has commercial value because it is secret; and
- its legitimate holder has taken reasonable steps, under the circumstances, to keep it secret.
Coverage Horizontal

SEYCHELLES

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Seychelles has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

SEYCHELLES

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
Seychelles has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

SEYCHELLES

Since November 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Seychelles is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes.
Coverage Horizontal