GABON
Since February 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Ordinance No. 00000015/PR/2018 of 23 February 2018 Regulating Cybersecurity and the Fight Against Cybercrime in the Gabonese Republic (Ordonnance No. 00000015/PR/2018 du 23 Février 2018 Portant Réglementation de la Cybersécurité et de la Lutte Contre la Cybercriminalité en République Gabonaise)
According to Art. 30 of Ordinance No. 00000015/PR/2018 February 2018 regulating cybersecurity and the fight against cybercrime in the Gabonese Republic, the service provider or the person providing or importing a cryptology service has to make it available to the competent cryptology authority a description of the technical characteristics of this means of cryptology, as well as the source code of the software used. Also, following Art. 34, when it appears that the data entered or obtained during the investigation have been the subject of transformation operations preventing unencrypted access or are likely to compromise the information that they contain, the Public Prosecutor, the Examining Magistrate or the trial court may demand any qualified natural or legal person, with a view to carrying out the technical operations making it possible to obtain the unencrypted version of said data.
Coverage Cryptology services
GABON
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Gabon 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 Gabon, since 2002.
Coverage Horizontal
GABON
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Gabon to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
GABON
N/A
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
Gabon Telecom SA, the incumbent public operator, is fully owned by the Gabonese state. Gabon Telecom SA is the major supplier of internet access, with around 59% market share (number of subscribers) in 2021.
Coverage Telecommunications sector
GABON
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Gabon mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
GABON
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
Gabon has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
GABON
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Post and Electronic Communications Regulatory Authority (ARCEP), 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
GABON
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Gabon is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
GABON
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
12.83%
Coverage rate of zero-tariffs on ICT goods (%)
0.84%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
GABON
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Gabon is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
GABON
Since January 2018
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 00027/PR/MEPPDD of 17 January 2018 on the Public Procurement Code (Code des Marchés Publics 2018 Décret No. 00027/PR/MEPPDD du 17 janvier 2018)
According to Art. 119 of the Public Procurement Code 2018, when awarding a contract, in case of equivalent offers, priority is given to a tender presented either by (i) a natural or legal person of Gabonese law; (ii) a natural or legal person proving an economic activity on Gabonese territory; (iii) a small and medium-sized national company whose capital is majority owned by people of Gabonese nationality or Gabonese law; and (iv) business groups associating Gabonese companies or providing for significant subcontracting to nationals. In the regional framework, a community preference can be attributed to the offer presented by a company from the area of the Economic and Monetary Community of Central Africa (CEMAC). In accordance with Art. 119, the margin of preference is 10% for works contracts and 15% for supply contracts.
Coverage Horizontal
FRANCE
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
France has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
FRANCE
Since March 2010, entry into force in May 2010, last amended in 2018
Since June 2021
Since June 2021
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Decree 2021-793 on On-Demand Audiovisual Services (Décret No. 2021-793 du 22 juin 2021 relatif aux services de médias audiovisuels à la demande)
Decree 2021-793 on On-Demand Audiovisual Services (Décret No. 2021-793 du 22 juin 2021 relatif aux services de médias audiovisuels à la demande)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In France, the EU Directive was transposed into domestic law through Decree 2021-793 on On-Demand Audiovisual Services. According to Art. 28 of the Decree, service providers must reserve a minimum share of the total number of feature-length cinematographic and audiovisual works made available to the public, specifically at least 60% for European works and 40% for original French-language works.
Furthermore, under Art. 14 of the Decree, providers of audiovisual streaming services operating in the French market are required to invest 25% of their annual turnover in France into European or French-language productions if they exhibit at least one cinematic work that has been released in theatres within the previous 12 months. In all other cases, the investment requirement is reduced to 20%. The specific details of this investment can be established in an agreement with the Superior Audiovisual Council.
In France, the EU Directive was transposed into domestic law through Decree 2021-793 on On-Demand Audiovisual Services. According to Art. 28 of the Decree, service providers must reserve a minimum share of the total number of feature-length cinematographic and audiovisual works made available to the public, specifically at least 60% for European works and 40% for original French-language works.
Furthermore, under Art. 14 of the Decree, providers of audiovisual streaming services operating in the French market are required to invest 25% of their annual turnover in France into European or French-language productions if they exhibit at least one cinematic work that has been released in theatres within the previous 12 months. In all other cases, the investment requirement is reduced to 20%. The specific details of this investment can be established in an agreement with the Superior Audiovisual Council.
Coverage On-demand audiovisual service
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231002184356/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20221018161226/https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000043688681
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
- Show more...
FRANCE
Since August 2019
Pillar Technical standards applied to ICT goods and online services |
Indicator Product screening and additional testing requirements
Act 2019-810 on Preserving the Interests of Defence and National Security in the Framework of Exploiting Mobile Radioelectric Networks (Loi No. 2019-810 du 1er août 2019 visant à préserver les intérêts de la défense et de la sécurité nationale de la France dans le cadre de l'exploitation des réseaux radioélectriques mobiles)
Under the "Act aiming to preserve the interests of defence and national security in the framework of exploiting mobile radioelectric networks", any components used to connect consumers with mobile telecommunications networks are subject to prior approval by the Prime Minister, whose decision is based on the permanence, integrity, security and the availability of networks, as well as the confidentiality of the messages transmitted. Fourth-generation networks and older generations are exempted.
Coverage Network equipment
