SEYCHELLES
Since December 2023
Pillar Cross-border data policies |
Indicator Conditional flow regime
Data Protection Act, 2023
Section 22 of the Data Protection Act establishes that processing of personal data relating to race, ethnic origin, biometrics, genetics, political opinions, religious or philosophical beliefs or for the purpose of identifying a person's health or sex life is prohibited. Some exceptions apply, including in the case of consent of the data subject. In addition, under Section 24, processing of personal data relating to criminal convictions and offences or related security measures shall be carried out only under the control of official authority or when the processing is authorised by law providing for appropriate safeguards for the rights and freedoms of a data subject. Moreover, Section 47(3) provides that personal data of Seychellois citizens pertaining to minors shall only be processed and transferred only if: (i) there is a designated data controller accountable for cross-border data processing in Seychelles; (ii) the transfer is made between intra-group schemes, and the headquarters is located outside Seychelles; (iii) the data controller or data processor has informed the data subjects about the location of the data processing and all other relevant information as specified under Section 27; and (iv) the transfer is necessary to protect vital interests of the data subject.
In addition, Section 23 states that no person shall process the personal data of a child below the age of 18 years unless consent is given by the child's parent or legal guardian. The data controller shall obtain consent from the parents or legal guardians or verify that consent has been given in the case of data obtained from third parties, taking into account available technology.
In addition, Section 23 states that no person shall process the personal data of a child below the age of 18 years unless consent is given by the child's parent or legal guardian. The data controller shall obtain consent from the parents or legal guardians or verify that consent has been given in the case of data obtained from third parties, taking into account available technology.
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 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
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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
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
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
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
