CONGO
Since December 2018, enter into force in March 2019
Since June 2019
Since June 2019
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Regulation No. 02/18/CEMAC/UMAC/CM of 21 December 2018 on foreign exchange regulations in CEMAC (Règlement No. 02/18/CEMAC/UMAC/CM du 21 décembre 2018 portant réglementation des changes dans la CEMAC)
Instruction No. 8/GR/2019 on the conditions and modalities for use of electronic payment instrument outside CEMAC (Instruction No. 008/GR/2019 relative aux conditions et modalités d'utilisation à l'extérieur de la CEMAC des instruments de paiement électronique)
Instruction No. 8/GR/2019 on the conditions and modalities for use of electronic payment instrument outside CEMAC (Instruction No. 008/GR/2019 relative aux conditions et modalités d'utilisation à l'extérieur de la CEMAC des instruments de paiement électronique)
According to the Instruction No. 8/GR/2019 issued by the Governor of the Bank of Central African States to facilitate the interpretation and implementation of the Economic and Monetary Community of Central Africa (CEMAC) Regulation 02/18/CEMAC/UMAC/CM, for the remote settlement of transactions, including online payments, the limit is 1 million XAF (approx. USD 1,700) per month and per person. According to Arts. 7-8 above this limit, justification needs to be provided before or after operation within 30 days by any means providing acknowledgment thereof. The Instruction provides guidance on the provision of Art. 34 of the Regulation, which implements certain limits for the use of electronic payment instruments outside the CEMAC and applies to the six CEMAC member states, including Congo.
Coverage Electronic payment instruments
Sources
- https://www.droit-afrique.com/uploads/CEMAC-Reglement-2018-02-changes.pdf
- https://www.beac.int/wp-content/uploads/2020/07/Instruction-n%C2%B008-GR-2019-on-the-conditions-and-modalities-for-use-of-electronics-payment-instrument-outside-CEMAC.pdf
- https://clarenceabogados.com/client-alert/beac-instructions-to-foreign-exchange-regulations/
- https://www.anif.cm/images/pdfanif/reglement_anglais.pdf
- Show more...
CONGO
Since November 2009
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Restrictions on encryption standards
Law No. 9-2009 of November 25, 2009 on Electronic Communication Sector
Art. 145 of the Law on Electronic Communication mandates the persons or suppliers of cryptology service to disclose the technical characteristics of the source code of the software to be used by the National Agency for Information Systems Security (ANSSI).
Coverage Cryptology service
CONGO
Since October 2015
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Law n°20-2015 of October 29, 2015 on regulating the national system of standardization and quality management
Self-certification is not allowed for foreign companies. Certification must approved by the Congolese Agency of Normalization and Quality. Can be subject to certification of conformity to standards, products, goods and services, management systems and skills of people.
Coverage Horizontal
CONGO
Since November 2009
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Product screening and additional testing requirements
Law No. 9-2009 of November 25, 2009 on Electronic Communication Sector
According to the Article 54 of the Electronic Communication Law, the acquisitions of electronic communications terminal equipments are subject to approval of the regulatory agency. The purpose of the approval is to ensure compliance with the essential requirements of equipment with standards and technical specifications in force in Congo.
Coverage Electronic communication terminal equipments
CONGO
Reported in 2021
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in customs procedures
There is reportedly arbitrary, irregular or uneven application of customs regulations at the border. In addition, a lack of understanding of the proper application and enforcement of customs regulations by government inspectors, which can contribute to difficulties for trading partners and investors.
Coverage Horizontal
CONGO
Reported in September 2021
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of internet shutdowns
It is reported that the Republic of Congo government has at times cut internet, SMS, and even voice access during times of anticipated political tensions or security challenges.
Coverage Horizontal
CONGO
Reported in 2022
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Congo. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
CONGO
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 Congo's law and jurisprudence. However, some regulations such as Law No. 9-2009 on Electronic Communication sector and Law No. 29-2019 on the Protection of Personal are relevant to the subject.
Coverage Internet intermediaries
CONGO
Since November 2009
Since November 2018
Since November 2018
Pillar Intermediary liability |
Sub-pillar User identity requirement
Law No. 9-2009 of November 25, 2009 on Electronic Communication Sector
Decree No. 12524 of 14 november 2018 granting a license to establish and operate a 4th generation mobile network open to the public to the company Airtel Congo S.A
Decree No. 12524 of 14 november 2018 granting a license to establish and operate a 4th generation mobile network open to the public to the company Airtel Congo S.A
Art. 130 of the Electronic Communication Sector Law requires user identification for telecommunications service providers. This is to record and maintain personal information on mobile telecommunication subscribers. The Decree No. 12524 clarifies that both the national identity card and the full address are required for identification.
Coverage Telecommunication sector
CONGO
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 Congo's law and jurisprudence. However, some regulations such as Law No. 9-2009 on Electronic Communication sector and Law No. 29-2019 on the Protection of Personal are relevant to the subject.
Coverage Internet intermediaries
CONGO
Since October 2019
Pillar Domestic Data policies |
Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Law No. 29-2019 of October 10, 2019 on the Protection of Personal Data in Congo
Articles 71 and 72 of the Law on Protection of Personal Data require that data managers involved in the processing of personal data set up a procedure to test, analyze, and evaluate the effectiveness of technical and organizational measures to ensure the security of processing.
Coverage Horizontal
CONGO
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
The Republic of Congo has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
CONGO
Since October 2019
Since June 2020
Since June 2020
Pillar Domestic Data policies |
Sub-pillar Framework for data protection
Law No. 29-2019 of October 10, 2019 on the Protection of Personal Data in Congo
Law No. 26-2020 of June 5, relative on cybersecurity
Law No. 26-2020 of June 5, relative on cybersecurity
Personal data in the Republic of the Congo is regulated by the Data Privacy Act of 2019 and the Cybersecurity Act of 2020.
Coverage Horizontal
CONGO
Since October 2019
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Law No. 29-2019 of October 10, 2019 on the Protection of Personal Data in Congo
Law No. 29-2019 states that the transfer of data abroad is possible if:
- the third country ensures a sufficient level of protection of privacy, fundamental rights and freedoms of people (Art. 23),
- the person to whom the data relates has agreed to their transfer;
- the transfer is necessary to protect that person's life, to safeguard the public interest and the execution of the contract between the interested party and the data manager (Art. 24).
- the third country ensures a sufficient level of protection of privacy, fundamental rights and freedoms of people (Art. 23),
- the person to whom the data relates has agreed to their transfer;
- the transfer is necessary to protect that person's life, to safeguard the public interest and the execution of the contract between the interested party and the data manager (Art. 24).
Coverage Horizontal
CONGO
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
The Republic of Congo has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector