SUDAN
Reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
User identity requirement
It is reported that in Sudan, customers must show passports at the point of sale of sim cards and provide a copy of the passport with a form to fill in. Once the procedure is done, customers may receive the sim card and activate it.
It is reported that, in July 2022, the Technical Committee of the Council of Security and Defense in Sudan ordered service providers to suspend all SIM cards that were not registered with a national ID number.
It is reported that, in July 2022, the Technical Committee of the Council of Security and Defense in Sudan ordered service providers to suspend all SIM cards that were not registered with a national ID number.
Coverage Telecommunications sector
SUDAN
Reported in 2023
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Telecommunications Law of 2018
It is reported that mobile service providers are required to keep records of their customers' information, including full names, full addresses, other phone numbers and place of work. Moreover, the SIM card registration process links phone numbers to users' personal information. It is also reported that under the Telecommunication Law 2018, telecommunication companies must provide customer data to authorities upon request. The Telecommunications Law of 2018 is not available online.
Coverage Telecommunications sector
SUDAN
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour 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 Sudan's law and jurisprudence.
Coverage Internet intermediaries
SUDAN
Since June 2014
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Anti-Money Laundering and Combating the Financing of Terrorism Act 2014
According to Art. 6 of the Anti-Money Laundering and Combating the Financing of Terrorism Act 2014, financial and non-financial institutions are required to keep records and data relating to customers and transactions and ensure that these records and information are made available to the competent authorities with reasonable speed. The records must be kept for a period of at least five years after the termination of the business relationship or the execution of the incidental transaction, whichever is longer. The article also stipulates that records and data relating to domestic and international transactions, whether executed or attempted, should be kept for at least five years after the transaction, and such records shall be detailed enough to allow the steps of each transaction to be tracked separately.
Coverage Horizontal
SUDAN
N/A
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Sudan does not have a comprehensive regime in place for personal data, but it has the Electronic Transactions Act 2007 as a sectoral regulation. A data protection authority has not yet been appointed.
Coverage Horizontal
Sources
- https://dataprotection.africa/sudan/#:~:text=DPA%20legislation%3A%20Sudan%20currently%20has,14%20on%20Information%20Technology%20Crime.&text=Personal%20data%20is%20not%20defined
- https://sherloc.unodc.org/cld/document/sdn/2007/electronic_transactions_act.html?
- https://sherloc.unodc.org/cld/uploads/res/document/sdn/2007/cyber_crimes_act_html/Sudan_electronic_transactions_act_2007.pdf
- https://unctad.org/topic/ecommerce-and-digital-economy/ecommerce-law-reform/summary-adoption-e-commerce-legislation-worldwide
- Show more...
SUDAN
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Sudan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
SUDAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Lack of an independent telecom authority
Sudan has one telecommunications authority: Telecommunications and Postal Regulatory Authority (TPRA). However, it is reported that the decision-making process of this body is not fully independent of the government. The Transitional Sovereignty Council (TSC) separated the TPRA from the Ministry of Defence and placed it under its direct administration. Previously, the TPRA was under the Ministry of Information.
Coverage Telecommunications sector
SUDAN
Reported in 2020
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Ban to transfer and local processing requirement
The laws do not mention the limitation to transfer data in a foreign country, but it is reported that de facto there is limitation to transfer data abroad for security reasons, especially for the strategic and sensitive sectors, such as telecom and audio-visual.
Coverage Telecommunications and audio-visuals sectors
SUDAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Sudan does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, it is reported that there is an obligation of accounting separation. The relevant law has not been found.
Coverage Telecommunications sector
SUDAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Sudan has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. In fact, Sudan is not a member of the WTO.
Coverage Telecommunications sector
SUDAN
N/A
Pillar Telecom infrastructure & 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 Sudan to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements. However, the relevant law has not been found.
Coverage Telecommunications sector
SUDAN
Reported in 2023
Pillar Telecom infrastructure & 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 government owns 30% of the shares of Sudatel, a telecom operator.
Coverage Telecommunications sector
SUDAN
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 Phonogram Treaty
Sudan has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Sudan lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal
SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Sudan has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal