SENEGAL
Reported in 2021
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Local processing requirement
Senegal has recently set up a data centre in the city of Diamniadio and the President of the Republic has instructed the Government and all State structures to host the State's data and platforms in this infrastructure.
Coverage Public sector
SENEGAL
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Lack of independent telecom authority
Senegal has a telecommunications authority: The Telecommunications and Postal Regulatory Authority (ARTP). However, it is reported that this entity is not fully independent.
Coverage Telecommunications sector
SENEGAL
Reported in 2019
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Lack of transparency in the licensing process
There is a licensing requirement for companies operating in the telecommunications sector under Chapter 2 of Title 2 of the Law No. 2018-28 of 28 November 2018 on the Electronic Communications Code. No strict or discriminatory conditions exist for foreign companies, however, it is reported that in practice, the unevenness and non-transparency in the delivery of 3G and 4G services are a source of permanent unbalance in the competitive market. The basis for determining the level of fees is unclear, and operators consider them to be high compared to other neighbouring countries.
It is reported that the Government of Senegal acted contrary to international best practice in 2016 by awarding 4G spectrum through direct negotiations after incumbent operators appeared to have agreed to jointly boycott an open tender, arguing that the price of FCFA 30 billion (equivalent to around USD 52 million) for a 20-year concession was excessive. The report also indicates that the government apparently chose to bypass the Authority (ARTP) by resorting to direct bilateral negotiations with Sonatel to renew its global licence (fixed and mobile), including the extension of its scope to roll out a 4G network. ARTP does not appear to have been involved in this process, which resulted in Sonatel acquiring a 17-year 4G licence for FCFA 32 billion (approximately USD 55 million).
It is reported that the Government of Senegal acted contrary to international best practice in 2016 by awarding 4G spectrum through direct negotiations after incumbent operators appeared to have agreed to jointly boycott an open tender, arguing that the price of FCFA 30 billion (equivalent to around USD 52 million) for a 20-year concession was excessive. The report also indicates that the government apparently chose to bypass the Authority (ARTP) by resorting to direct bilateral negotiations with Sonatel to renew its global licence (fixed and mobile), including the extension of its scope to roll out a 4G network. ARTP does not appear to have been involved in this process, which resulted in Sonatel acquiring a 17-year 4G licence for FCFA 32 billion (approximately USD 55 million).
Coverage Telecommunications sector
SENEGAL
Since April 1994
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Senegal has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
SENEGAL
Reported in 2022
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
It is reported that the Government holds a minority stake (27%) in Sonatel-Orange Senegal, the country's largest Internet and mobile communications provider.
Coverage Telecommunications sector
SENEGAL
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Senegal mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
SENEGAL
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Senegal does not have comprehensive trade secret legislation. Yet, there are provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including Senegal since 2002.
Coverage Horizontal
SENEGAL
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 Senegal 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
SENEGAL
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Senegal has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SENEGAL
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Senegal has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SENEGAL
Since March 1977, as amended in December 2015, entry into force in November 2020
Since January 2008
Since January 2008
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une Organisation Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)
Law No. 2008-09 of 25 January 2008 on Copyright and Related Rights (Loi No. 2008-09 du 25 janvier 2008 sur le droit d'auteur et les droits voisins)
Law No. 2008-09 of 25 January 2008 on Copyright and Related Rights (Loi No. 2008-09 du 25 janvier 2008 sur le droit d'auteur et les droits voisins)
The Revised Bangui Agreement is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Senegal and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a clear regime of copyright exceptions, which enables the lawful use of copyrighted work by others without obtaining permission. In addition, Arts. 38-46 of Law No. 2008-09 also provide for limitations on copyrights.
Coverage Horizontal
SENEGAL
Reported in 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in Senegal. It is reported that the rate of unlicensed software installation in the country was 74% in 2017 (above the 56% rate of the Middle Eastern and African countries), for an estimated commercial value of USD 12 million.
Coverage Horizontal
SENEGAL
Since January 1978
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Senegal is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SENEGAL
Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020
Since December 2019, entry into force in March 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une Organisation Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organisation (Règlement sur la profession de Mandataire agréé auprès de l'Organisation Africaine de la Propriété Intellectuelle)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organisation (Règlement sur la profession de Mandataire agréé auprès de l'Organisation Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Senegal, applicants resident outside the territory of the member States must file through an agent selected in one of those member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organisation (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.
Coverage Horizontal
SENEGAL
Since November 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law No. 2018-28 of 28 November 2018 on the Electronic Communications Code (Loi No. 2018-28 du 28 Novembre 2018 portant Code des Communications Electroniques)
There is a screening of investments in the telecommunications sector through licensing requirements by the regulatory authority. Among the requirements laid down in the Electronic Communications Code for approval or licensing are, for example, national defence and public safety requirements.
Coverage Telecommunications sector