RWANDA
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Rwanda has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=9291&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
RWANDA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Rwanda Utilities Regulatory Authority (RURA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
RWANDA
Since May 2016
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Regulations No. 001/R/TD-ICS/RURA/016 of 06/05/2016 Governing Telecom Network Security in Rwanda
Art. 16 of the "Regulations No. 001/R/TD-ICS/RURA/016 of 06/05/2016 Governing Telecom Network Security in Rwanda" mandates that subscriber information held by a telecommunication service provider or internet service provider—including voice, SMS, and call data records—must be processed, stored, and transmitted securely within the territory of Rwanda. The provision explicitly prohibits the transfer, storage, or processing of such subscriber information outside national borders.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240326164754/https://www.rura.rw/uploads/media/Regulations_Governing__Telecom_Network_Security.pdf
- https://digitalpolicyalert.org/event/27442-rwanda-utilities-regulatory-authoritys-regulations-no-001rtd-icsrura016-governing-telecom-network-security-in-rwanda-including-data-localisation-requirement-...
RWANDA
Since May 2020
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Regulation No 010/R/CR-CSI/RURA/020 of 29/05/2020 Governing Cybersecurity
Art. 15 of "Regulation No. 010/R/CR-CSI/RURA/020 of 29 May 2020 Governing Cybersecurity" stipulates that the networks, systems, and applications of licensed ICT companies must not be managed, hosted, accessed remotely, or located outside the territory of Rwanda, unless explicit authorisation is granted by the Regulatory Authority.
Coverage ICT companies
Sources
- https://web.archive.org/web/20240611060132/https://rura.rw/fileadmin/Documents/ICT/Laws/Regulation_Governing_Cybersecurity.pdf
- https://web.archive.org/web/20250421200713/https://www.wits.ac.za/media/wits-university/faculties-and-schools/commerce-law-and-management/research-entities/mandela-institute/documents/research-publica...
RWANDA
Since October 2021
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Law No. 058/2021 of 13/10/2021 relating to the Protection of Personal Data and Privacy
Art. 50 of Law No. 058/2021 stipulates that all personal data must be stored within the territory of Rwanda, unless prior authorisation for its transfer and storage has been granted by the National Cyber Security Authority (NCSA). In addition, Art. 48 provides that a data controller or data processor may disclose or transfer personal data to a third party located outside Rwanda only under the following conditions:
- authorisation has been obtained from the NCSA upon submission of evidence demonstrating the implementation of appropriate safeguards for the protection of personal data;
- the data subject has provided informed consent;
- the transfer is necessary for specific purposes as outlined in the Law.
- authorisation has been obtained from the NCSA upon submission of evidence demonstrating the implementation of appropriate safeguards for the protection of personal data;
- the data subject has provided informed consent;
- the transfer is necessary for specific purposes as outlined in the Law.
Coverage Horizontal
RWANDA
Since February 2021, last amended in March 2023
Pillar Cross-border data policies |
Indicator Local storage requirement
Law No. 007/2021 of 05/02/2021 Governing Companies
Art. 111 of "Law No. 007/2021 of 05/02/2021 Governing Companies" mandates that companies maintain specific records at their registered office or at any other location within Rwanda, for a minimum period of ten years from the end of the financial year to which the records pertain. The company is required to retain the following documents: its incorporation instruments; the register of shares and debentures; the index of shareholders; accounting records along with supporting documentation; a register of directors' interests; minutes of all general meetings and shareholders’ resolutions; minutes of all meetings and resolutions of directors and board committees; certificates issued by directors in accordance with this Law; copies of all annual financial statements, auditors’ reports, and directors’ reports; the internal register of beneficial owners; and copies of all written communications distributed to shareholders or to all holders of a particular class of shares, including annual reports.
Law No. 007/2021 repealed the law of the same title enacted in 2018, which contained a comparable provision to the one referenced above, albeit under Art. 114.
Law No. 007/2021 repealed the law of the same title enacted in 2018, which contained a comparable provision to the one referenced above, albeit under Art. 114.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250405155644/https://rdb.rw/notary/COMPANY-ACT-2021.pdf
- https://web.archive.org/web/20231010192131/https://org.rdb.rw/wp-content/uploads/2023/04/Law-amending-Company-Law-55-107.pdf
- https://web.archive.org/web/20250421230717/https://businessprocedures.rdb.rw/media/Company%20act%202018.pdf
- https://web.archive.org/web/20250421222237/https://www.oecd.org/content/dam/oecd/en/publications/reports/2024/11/global-forum-on-transparency-and-exchange-of-information-for-tax-purposes-rwanda-2024-s...
- https://web.archive.org/web/20250421222338/https://abayo.law/wp-content/uploads/2023/07/THE-CHANGES-INTRODUCED-BY-THE-NEWLY-PUBLISHED-2023-LAW-GOVERNING-COMPANIES-IN-RWANDA.pdf
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RWANDA
Since March 2012
Pillar Cross-border data policies |
Indicator Infrastructure requirement
Ministerial Instructions No. 001/MINICT/2012 of 12/03/2012 Related to the Procurement of Information and Communications Technology Goods and Services by Rwanda Public Institutions
Art. 17 of the "Ministerial Instructions No. 001/MINICT/2012 of 12/03/2012 Related to the Procurement of Information and Communications Technology Goods and Services by Rwanda Public Institutions" stipulates that all government information technology systems and applications which process, store, or provide access to critical government data and information must be hosted within the National Data Centre (NDC). In addition, Art. 18 provides that, in instances where government institutions host applications in their own data centres or server rooms, they are required to obtain disaster recovery (backup) services from the NDC.
Coverage Public sector
Sources
- https://web.archive.org/web/20250421205215/https://commons.laws.africa/akn/rw/act/min/2012/1/media/publication/rw-act-min-2012-1-publication-document.pdf
- https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID4846815_code490428.pdf?abstractid=4846815&mirid=1
- https://web.archive.org/web/20241212131707/https://statistics.gov.rw/file/5410/download?token=r0nXaTAv
- Show more...
RWANDA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Rwanda has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
RWANDA
Since October 2021
Pillar Domestic data policies |
Indicator Framework for data protection
Law No. 058/2021 of 13/10/2021 relating to the Protection of Personal Data and Privacy
Law No. 058/2021 provides a comprehensive regime of data protection in Rwanda. The Law introduces principles related to lawfulness, fairness and transparency, purpose limitation and accuracy, and obligations related to data subject rights, registration as a data controller or data processor, pseudonymisation, sensitive data, data transfers, designation of a data protection officer, Data Protection Impact Assessments, and data breach notifications.
Coverage Horizontal
Sources
- https://web.archive.org/web/20211018082646/https://www.minijust.gov.rw/fileadmin/user_upload/Minijust/Publications/Official_Gazette/2021_Official_Gazettes/October/OG_Special_of_15.10.2021_Amakuru_bwit...
- https://www.dataguidance.com/jurisdiction/rwanda
- https://web.archive.org/web/20240228222148/https://dpo.gov.rw/assets/documents/personal-data-protection-and-privacy-law.pdf
- Show more...
RWANDA
Since May 2020
Pillar Domestic data policies |
Indicator Minimum period for data retention
Regulation No. 012/R/MRCER/RURA/020 of 29/05/2020 Governing Licensing of Multimedia Services Provision in Rwanda
Art. 18 of the Regulation Governing Licensing of Multimedia Services Provision requires multimedia services to ensure that the recordings are kept for 90 calendar days in case the Regulatory Authority requests a copy of any recording. Multimedia services are defined as "media services such as data or text, visual image, audio, audio-visual, offered to the end users through an electronic device including but not limited to online newspaper, Internet radio, Internet TV, audio and VoD, IPTV and mobile TV".
Coverage Online newspaper, Internet radio services, Internet TV services, VoD services, IPTV, Mobile TV services and other related multimedia services
RWANDA
Since October 2021
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 058/2021 of 13/10/2021 relating to the Protection of Personal Data and Privacy
Art. 40 of the Law relating to the Protection of Personal Data and Privacy requires companies to appoint a Data Protection Officer (DPO). The data controller and the data processor are required to designate a data protection officer if the processing of personal data is carried out by a public or private corporate body or a legal entity. The core activities of the data controller or the data processor consist of personal data processing operations which, by virtue of their nature, their scope or their purposes, require regular and systematic monitoring of data subjects on a large scale.
Additionally, under Art. 38 (3), the data controller and the data processor are to carry out personal Data Protection Impact Assessments (DPIA) in compliance with the principles of the processing of personal data. The DPIA is to be carried out in cases where the processing of personal data is likely to result in a high risk to the rights and freedoms of a natural person.
Additionally, under Art. 38 (3), the data controller and the data processor are to carry out personal Data Protection Impact Assessments (DPIA) in compliance with the principles of the processing of personal data. The DPIA is to be carried out in cases where the processing of personal data is likely to result in a high risk to the rights and freedoms of a natural person.
Coverage Horizontal
RWANDA
Since August 2013
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Law No. 60/2013 of 22 August 2013 Regulating the Interception of Communications
Art. 3 of the Interception of Communications Law provides for unrestricted access to personal data if it is done in the interest of national security. Furthermore, the Interception of Communications Law provides that an interception warrant must be issued by a national prosecutor designated by the Minister of Justice. Under Art. 7, communications service providers are required to ensure that their systems have the technical capability to intercept communications on demand. Security officials also have the power to “intercept communications using equipment that is not facilitated by communication service providers”, which effectively allows the authorities to hack into a telecommunications network without a provider’s knowledge or assistance.
Coverage Horizontal
RWANDA
Since April 2011
Since June 2016
Since June 2016
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Guidelines for Siting and Sharing of Telecommunication Base Station Infrastructure, 2011
Law No. 24/2016 of 18/06/2016 Governing Information and Communication Technologies
Law No. 24/2016 of 18/06/2016 Governing Information and Communication Technologies
Under the Guidelines for Siting and Sharing of Telecommunication Base Station Infrastructure (2011) and Law No. 24/2016 of 18/06/2016 Governing Information and Communication Technologies, Rwanda has established a regulatory obligation for passive infrastructure sharing to support the delivery of telecommunications services to end users.
According to Section 4.2.4, when requested by another licensee, each operator or service provider must disclose complete information on the location and technical specifications of their towers within a maximum of 10 working days. Furthermore, within an additional 10 working days, the operator must grant escorted access to the site upon request by another licensee seeking to assess the feasibility of infrastructure sharing.
Furthermore, pursuant to Art. 71 of Law No. 24/2016 licensed network operators must share the use of their electronic communications infrastructures on agreed upon terms and conditions.
According to Section 4.2.4, when requested by another licensee, each operator or service provider must disclose complete information on the location and technical specifications of their towers within a maximum of 10 working days. Furthermore, within an additional 10 working days, the operator must grant escorted access to the site upon request by another licensee seeking to assess the feasibility of infrastructure sharing.
Furthermore, pursuant to Art. 71 of Law No. 24/2016 licensed network operators must share the use of their electronic communications infrastructures on agreed upon terms and conditions.
Coverage Telecommunications sector
RWANDA
Since August 2024
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Regulation No. 18/R/SM-ICT/RURA/2024 of 09/08/2024 Governing SIM Card Registration in Rwanda
Art. 30 of Regulation No. 18/R/SM-ICT/RURA/2024, concerning access to operators’ databases by the regulatory authority, stipulates that the authority shall be granted access to the SIM card registration database without a court order. Licensees must also permit authorised officers to access their systems, premises, facilities, and all relevant records and data, to facilitate inspections and ensure compliance with the Regulation. Also in this case, the law does not require a court order. This Regulation repeals Regulation No. 004/ICT/RURA/2018, which contained a similar provision under Art. 25.
Coverage Horizontal
Sources
RWANDA
Reported in 2023
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
In 2013, the Rwandan government and Korean Telecom (KT) entered into a 25-year agreement to establish a 4G wholesale network in the country. As part of the partnership, the Rwandan government acquired a 49% stake in KT Rwanda networks Ltd (KTRN), with the remaining 51% owned by Korean Telecom.
Coverage Telecommunications sector
