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 Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Data Protection Act, 2023
According to Art. 40 of the Data Protection Act, where a type of processing is likely to result in a high risk to the rights and freedoms of any individual, the data controller shall, prior to the processing, carry out a data protection impact assessment.
An assessment is required when: (i) a systematic and extensive evaluation of personal aspects relating to individuals which are based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the individual or significantly affect the individual; (ii) processing on a large scale of special categories of data referred to under section 23 (data related to minors); (iii) there is systematic monitoring of a publicly accessible area on a large scale; (iv) there exist any other circumstances as specified by the Commission in the implementation of this Act.
Furthermore, according to Art. 40.3, the data protection impact assessment shall include the following: (i) a general description of the envisaged processing operations, their purpose, and legitimate interest pursued by the data processor; (ii) an assessment of the risks to the rights and freedoms of the data subjects; (iii) the measures envisaged to address those risks; and (iv) safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this section, taking into account the rights and legitimate interests of the data subjects and other persons concerned.
According to Art. 45.1, the data controller shall designate a data protection officer when (i) the core activities of the data controller or the data processor consist of processing operations which, by virtue of their nature, their scope or their purposes, require regular and systematic monitoring of the data subjects on a large scale; or (ii) the core activities of the data controller or the data processor consist of processing on a large scale of special categories of data under Part IV (sensitive data, data related to minors and data relating to offences and criminal conviction).
An assessment is required when: (i) a systematic and extensive evaluation of personal aspects relating to individuals which are based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the individual or significantly affect the individual; (ii) processing on a large scale of special categories of data referred to under section 23 (data related to minors); (iii) there is systematic monitoring of a publicly accessible area on a large scale; (iv) there exist any other circumstances as specified by the Commission in the implementation of this Act.
Furthermore, according to Art. 40.3, the data protection impact assessment shall include the following: (i) a general description of the envisaged processing operations, their purpose, and legitimate interest pursued by the data processor; (ii) an assessment of the risks to the rights and freedoms of the data subjects; (iii) the measures envisaged to address those risks; and (iv) safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this section, taking into account the rights and legitimate interests of the data subjects and other persons concerned.
According to Art. 45.1, the data controller shall designate a data protection officer when (i) the core activities of the data controller or the data processor consist of processing operations which, by virtue of their nature, their scope or their purposes, require regular and systematic monitoring of the data subjects on a large scale; or (ii) the core activities of the data controller or the data processor consist of processing on a large scale of special categories of data under Part IV (sensitive data, data related to minors and data relating to offences and criminal conviction).
Coverage Horizontal
Sources
- https://web.archive.org/web/20240329093957/https://www.infocom.sc/wp-content/uploads/2024/01/Act-24-2023-Data-Protection-Act-2023.pdf
- https://www.dataguidance.com/news/seychelles-data-protection-act-enters-force
- https://www.lexology.com/library/detail.aspx?g=18384d85-a6f8-470b-b820-42a2d25b78f1
- Show more...
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 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
SEYCHELLES
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of government-owned shares in a telecom company
It is reported that the Government of Seychelles owns 40.6% shareholding of Seychelles Cable Systems Company Limited (SCS). SCS is a private-public partnership made up of the Seychelles Government, Cable & Wireless (33.4%) and Airtel (26%) that was set up to act as a promoter of the Seychelles East Africa Submarine (SEAS) cable project.
Coverage Telecommunications sector
SEYCHELLES
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Seychelles does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation.
Coverage Telecommunications sector
SEYCHELLES
Since April 2015
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Seychelles has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
SEYCHELLES
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of independent telecom authority
Seychelles has a telecommunications authority: Seychelles Department of Information Communication Technology (DICT). However, it is reported that the DICT's decision-making process, operating under the President's Office, is only partially independent of the government. The DICT is responsible for developing and implementing legislation, regulations, and policies related to telecommunications and associated services.
Coverage Telecommunications sector
