SEYCHELLES
Since November 2013
Pillar Cross-border data policies |
Indicator Local storage requirement
Financial Leasing Act, 2013
According to Section 56.1 of the Financial Leasing Act, every financial leasing institution shall maintain in the Seychelles for a period of at least seven years certain records, including customer identification records, during and after termination of the customer relationship; transaction records showing, for each customer, at least on a daily basis, particulars of its transactions with or for the account of that customer, and the balance owing to or by that customer. According to Section 56.2, every record shall be kept in written form or digital format, and it shall be the duty of the financial leasing institution to ensure that adequate data recovery systems and procedures are in place.
Coverage Financial leasing institutions
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
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)
0.04%
Coverage rate of zero-tariffs on ICT goods (%)
98.52%
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
SEYCHELLES
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 the Information Technology Agreement Expansion Agreement (ITA II)
Seychelles is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 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
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SEYCHELLES
Since December 2008
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement Act (Act No. 33 of 2008)
The Public Procurement Act contains several types of tendering procedures under Part VI. According to Arts. 58.2(b) and 60.2(b), procurement that is not available under competitive prices from at least three suppliers in Seychelles should be open to international bidding. Conversely, if more than three domestic suppliers are able to offer competitive prices, open international bidding is not required.
Coverage Horizontal
SEYCHELLES
Since December 2008
Since January 2014
Since January 2014
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement Act, (Act No. 33 of 2008)
Public Procurement Regulations, 2013
Public Procurement Regulations, 2013
Subsection 90.2 of the Public Procurement Act establishes that a procuring entity may require bidders to be citizens of Seychelles or local bidders to be eligible to participate in a public procurement where the procurement is subject to a reservation scheme. In this regard, Regulation 153 of the Public Procurement Regulations states that the procurement of goods, works, or services may be subject to a reservation scheme consistent with the Government's economic and social policy. A reservation scheme shall have the objective of developing businesses among target groups by reserving certain public procurement contracts for such target groups.
Coverage Horizontal
SEYCHELLES
Since January 2014
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Regulations, 2013
Regulation, 152 of the Public Procurement Regulations, provides that the procurement of goods works, or services may be subject to a preference scheme aligned with the Government's economic and social policies. The primary objective of a preference scheme is to foster the development of businesses within target groups by granting them a competitive advantage. This is achieved by adding a specified margin to the evaluated price of bidders who do not qualify for the preference during the financial evaluation of bids. Any instrument or document establishing a preference scheme must specify the following:
- the eligibility for the margin of preference, in terms of ownership, location of the bidder or production facilities, the origin of labour, raw material or components, the extent of sub-contracting or association with local partners or any other relevant factor;
- the documentation required as evidence of eligibility for the margin of preference; and
- the percentage of the margin of preference and the manner in which it will be applied during the evaluation.
- the eligibility for the margin of preference, in terms of ownership, location of the bidder or production facilities, the origin of labour, raw material or components, the extent of sub-contracting or association with local partners or any other relevant factor;
- the documentation required as evidence of eligibility for the margin of preference; and
- the percentage of the margin of preference and the manner in which it will be applied during the evaluation.
Coverage Horizontal
SEYCHELLES
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)
Seychelles is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2015.
Coverage Horizontal
SEYCHELLES
Since July 2022
Since April 2020
Since April 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
S.I. 76 of 2022, Seychelles Investment (Economic Activities) Regulations, 2022
Reserved Economic Activity Policy
Reserved Economic Activity Policy
The Seychelles Investment (Economic Activities) Regulations, 2022, states all economic activities with FDI restrictions. Sectors relevant for digital trade are not subject to restriction.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240619040735/https://www.tradeportal.sc/wp-content/uploads/2023/12/SI-76-2022-Seychelles-Investment-Economic-Activities-Regulations-2022.pdf
- https://web.archive.org/web/20230131200452/https://www.wto.org/english/thewto_e/acc_e/syc_e/wtaccsyc61_leg_4.pdf
- https://web.archive.org/web/20240718164640/https://www.tradeportal.sc/wp-content/uploads/2023/12/Seychelles-Investment-Act-2010.pdf
- https://web.archive.org/web/20240430001058/https://www.investinseychelles.com/component/edocman/reserved-economic-activities-policy-reap-_april-2020/download?Itemid=0
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SEYCHELLES
Since April 2014
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Industrial Property Act, 2014, (Act 7 of 2014)
Section 10.6 of the Industrial Property Act stipulates that a patent applicant who is neither domiciled in nor has an established business in Seychelles must appoint an agent domiciled in Seychelles.
Coverage Horizontal
SENEGAL
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Indicator 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 30, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
