Database

Browse Database

MAURITANIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Mauritania does not have a legal framework that applies consumer protection to online transactions. Law No. 2020-007 on consumer protection does not frame the protection of consumers for goods and services online.
Coverage E-commerce sector

MAURITANIA

Reported in 2022

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 25, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

MAURITANIA


Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
n/f

MAURITANIA

Reported in 2019

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that in June 2019, access to social media platforms was blocked during the period for the Baccalaureate examinations.
Coverage Social media

MAURITANIA

Since January 2016

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Law No. 2016-007 on Cybercrime (Loi No. 2016-007 relative à la cybercriminalité)
Art. 21 of Law No. 2016-007 provides that anyone who intentionally creates, records, makes available, transmits or disseminates by means of a computer system, a text message, image, sound or any other form of audio or visual representation that undermines the values of Islam, can be punished by one to four years' imprisonment and a fine of between 200,000 and 3,000,000 ouguiyas (approx. USD 6,000 and USD 87,000), or by one of these two penalties only. This article could lead to blocking websites and social networks.
Coverage Websites and social networks

MAURITANIA

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 Mauritania's law and jurisprudence.
Coverage Internet intermediaries

MAURITANIA

Reported in 2021

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Mauritania imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector

MAURITANIA

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 Mauritania's law and jurisprudence.
Coverage Internet intermediaries

MAURITANIA

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
Mauritania has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

MAURITANIA

Since November 2017

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Law No. 2017-020 on the protection of personal data (Loi No. 2017-020 sur la protection des données à caractère personnel)
The 2017-020 data protection law in Mauritania provides a legal framework for all matters around data protection. Arts. 5-11 frame compilation, treatment and usage of personal data in Mauritania.
Coverage Horizontal

MAURITANIA

Since November 2017

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 2017-020 on the protection of personal data (Loi No. 2017-020 sur la protection des données à caractère personnel)
Law No. 2017-020 provides that the controller may transfer personal data to a third country only if that country ensures an adequate level of protection (Art. 20). The Personal Data Protection Authority shall publish and maintain a list of states that it considers to provide an adequate level of protection (Art. 21). If the country is not included in the list of adequate countries, the controller must first inform the Authority. Moreover, Art. 24 specifies that the data controller may transfer personal data to a third country that does not meet the requirements of Art. 21, if the transfer is one-off, not massive and the person to whom the data relates has expressly consented to its transfer, or if the transfer is necessary for any of the following purposes:
- to safeguard the life of that person.
- to protect the public interest.
- to comply with obligations to establish, exercise or defend a legal claim.
- the performance of a contract between the controller and the data subject.
Lastly, the Authority may authorize, on the basis of a duly motivated request, a transfer or a set of transfers of data to a third country that does not ensure an adequate level of protection, when the data controller offers sufficient guarantees with regard to the provisions of this law, including through contractual clauses (Art. 25).
Coverage Horizontal

MAURITANIA

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
Mauritania has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

MAURITANIA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Presence of independent telecom authority
It is reported that the Regulation Authority, 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

MAURITANIA

Since December 1999

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Law No. 99-019 on telecommunications (Loi No. 99-019 portant sur les telecommunications)
A dominant operator in the telecommunication market in Mauritania is required to have both accounting and functional separation. Art. 73 of the Telecommunication Law states that the dominant operator and its subsidiaries have to practice financial and operational separation.
Coverage Telecommunications sector

MAURITANIA

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 telecom companies
The government of Mauritania owns equity interests in two major telecommunications companies in the country. Mauritel is a mobile and fixed telecommunications company that provides mobile telephony, internet, and business communications services in Mauritania. It is reported that the government of Mauritania owns 46% of the company's shares.
Chinguitel is a mobile and fixed telecommunications company that provides mobile telephony, internet, and business communications services in Mauritania. It is reported that some share in Chinguitel are owned by the government of Mauritania, however no official document has been found to confirm this.
Coverage Telecommunications sector