SEYCHELLES
N/A
Pillar Intermediary liability |
Indicator 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 Seychelles's law and jurisprudence.
Coverage Internet intermediaries
SEYCHELLES
N/A
Pillar Intermediary liability |
Indicator Safe harbour 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 Seychelles's law and jurisprudence.
Coverage Internet intermediaries
SEYCHELLES
Since January 2021
Pillar Intermediary liability |
Indicator User identity requirement
Broadcasting and Telecommunications (Records of Customers of Prepaid Mobile Services by Operators of Public Land Mobile Network) (Amendment) Regulations, 2021
According to Section 2. C of the Broadcasting and Telecommunication Act 2021 (amending the Broadcasting and Telecommunication Act), service providers must submit all customer records for activated mobile services before the 5th day of each month. Secondly, they must register and verify customer details before activating mobile services on purchased starter packs or subscriber information module cards. These measures aim to ensure proper record-keeping and verification processes for enhanced regulatory compliance and customer protection.
Coverage Telecommunications service providers
Sources
- https://web.archive.org/web/20240701024123/https://www.nationalassembly.sc/sites/default/files/2021-01/SI%202%202021%20-%20Broadcasting%20Telecommunications%20(Records%20of%20Customers%20Prepaid%20Mob...
- https://drive.google.com/file/d/0B6eGHNJ2dbIdR1pEZ01OV1ZkNHM/preview?resourcekey=0-njEr1QdO_iKUTZM2orcwNQ
- https://web.archive.org/web/20220120180727/https://www.ict.gov.sc/documents/BTA2000.pdf
- Show more...
SEYCHELLES
Since April 2000
Pillar Content access |
Indicator Restrictions on online advertising
Broadcasting and Telecommunication Act
According to Section 16 of the Broadcasting and Telecommunication Act, where any matter (including an advertisement) intended for broadcasting is, in the opinion of the Minister, of an objectionable nature, the Minister may by order in writing prohibit the broadcasting of the matter unless suitably amended in the manner specified by the Minister in the order, so as to remove the objectionable nature of the matter.
Coverage Advertising sector
SEYCHELLES
Since June 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
S.I.41 of 2019, Customs Management Act, 2011 (Act 22 of 2011), Customs Management (Prohibited and Restricted Goods) Regulations, 2019
The Customs Management (Prohibited and Restricted Goods) Regulations restrict the importation of Radio Communication equipment HS Code 8525.5010 to 8525.6000 without written prior approval of the Department of Information and Communications Technology.
Coverage Communication equipment
SEYCHELLES
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
It is reported that voluntary certification is recommended, and in-country testing is not mandatory. It is further reported that self-certification is allowed, and it is recommended that homologation be made in the Department of Information Communications Technology.
SEYCHELLES
Since December 2023
Pillar Cross-border data policies |
Indicator Conditional flow regime
Data Protection Act, 2023
Section 47 of the Data Protection Act of Seychelles establishes that personal data may only be transferred outside the country if the recipient jurisdiction ensures a level of protection for data subjects' rights and freedoms that is comparable to domestic standards. Specifically, the processing of special category data belonging to Seychellois citizens is permitted only when a designated data controller is accountable within Seychelles, the transfer occurs within intra-group schemes with headquarters abroad, data subjects are informed of the processing location and relevant details, and the transfer is necessary to protect vital interests. In addition, the Commission may authorise personal data transfers if they are part of a cross-border privacy rules system that enforces legal standards against data controllers and processors, and requires the implementation of proportionate, risk-based security measures. However, the Commission retains the authority to prohibit transfers where necessary in the public interest.
Coverage Horizontal
SEYCHELLES
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of binding commitments on data flows
Seychelles is not participating in trade or regional agreements committed to open transfer or cross-border data flows.
Coverage Horizontal
SEYCHELLES
Since December 2023
Pillar Domestic data policies |
Indicator Framework for data protection
Data Protection Act, 2023
The Data Protection Act provides a comprehensive regime of data protection in Seychelles.
Coverage Horizontal
SEYCHELLES
Since November 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Seychelles is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes.
Coverage Horizontal
SEYCHELLES
Since August 2014
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright Act 2014, (Act 5 of 2014)
Seychelles has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. According to Sections 9-17 of the Copyright Act, the exceptions include the right to reproduce a work for personal use and purposes privately; the quotation from a work that has lawfully been made available to the public; the reproduction, broadcasting and other communication to the public for informatory purposes; the reproduction in a single copy or the adaptation of a computer programme by the lawful owner of a copy of that computer programme among others.
Coverage Horizontal
SEYCHELLES
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Seychelles has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SEYCHELLES
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Seychelles has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SEYCHELLES
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regime on trade secrets
Seychelles does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. The Industrial Property Act provides a definition under Section 106 stating that information shall be considered "undisclosed information" if:
- it is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;
- it has commercial value because it is secret; and
- its legitimate holder has taken reasonable steps, under the circumstances, to keep it secret.
- it is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;
- it has commercial value because it is secret; and
- its legitimate holder has taken reasonable steps, under the circumstances, to keep it secret.
Coverage Horizontal
SEYCHELLES
Since April 2000
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Broadcasting and Telecommunication Act
According to Art. 35(e) of the Broadcasting and Telecommunication Act, every person providing a telecommunication service must afford access to towers, poles, ducts, conduits, and such person's right-of-way to his competitors on rates, terms and conditions that are reasonable and non-discriminatory.
Coverage Telecommunications sector
