Database

Browse Database

SENEGAL

N/A

Pillar Technical standards applied to ICT goods and online services  |  Indicator Open and transparent standard-setting process
Lack of participation of foreigners in standard-setting bodies and/or of a transparent standards regime
The ARTP (Telecommunications and Postal Regulation Agency) has the exclusive mandate to examine ICT products. It is reported that foreign companies cannot participate in standards setting.
Coverage ICT products

SENEGAL

Since November 2018

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Law No. 2018-28 of 28 November 2018 on the Electronic Communications Code (Loi No. 2018-28 du 28 Novembre 2018 portant Code des Communications Electroniques)
The ARTP (Telecommunications and Postal Regulation Agency) is the only body authorised to approve and certify radio equipment imported into the country. This procedure is expressly required, and the certification is carried out according to the standards defined by the ARTP in accordance with the Decree on frequencies and frequency bands, radioelectric equipment and the operators of such equipment.
Coverage Telecom equipment and electronic devices

SENEGAL

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements committing to open transfers of cross-border data flows
Senegal has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

SENEGAL

Since January 2008

Pillar Domestic data policies  |  Indicator Framework for data protection
Law No. 2008-12 of 25 January 2008 Concerning the Personal Data Protection (Loi No. 2008-12 sur la Protection des données à caractère personnel)
Law No. 2008-12 provides a comprehensive regime of data protection in Senegal. The Law provides an essential data protection framework, including requiring data processing notifications, setting out fundamental data subject rights, and regulating data transfers.
Coverage Horizontal

SENEGAL

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Senegal has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

SENEGAL

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Senegal does not have comprehensive trade secret legislation. Yet, there are provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including Senegal, since 2002.
Coverage Horizontal

SENEGAL

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Senegal to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

SENEGAL

Reported in 2022, last reported in 2023

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the Government holds a minority stake (27%) in Sonatel-Orange Senegal, the country's largest Internet and mobile communications provider.
Coverage Telecommunications sector

SENEGAL

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Senegal mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

SENEGAL

Since April 1994

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Senegal has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

SENEGAL

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Lack of independent telecom authority
Senegal has a telecommunications authority: The Telecommunications and Postal Regulatory Authority (ARTP). However, it is reported that this entity is not fully independent.
Coverage Telecommunications sector

SENEGAL

Reported in 2021, last reported in 2024

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Local processing requirement
In 2021, state agencies in Senegal were reportedly mandated to transfer data in their possession to a government-established data centre located in Diamniadio. However, it was not until November 2023 that these agencies began actively transferring their data to the national storage facility.
Coverage Public sector

SENEGAL

Since January 2008

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 2008-12 of 25 January 2008 Concerning the Personal Data Protection (Loi No. 2008-12 sur la Protection des Données à Caractère Personnel)
According to Art. 49 of the Personal Data Act (Law No. 2008-12), data may only be transferred to a third country if that country ensures a sufficient level of protection for the privacy, freedoms, and fundamental rights of individuals, as assessed under Senegalese law. Additionally, under Arts. 50 and 51, local exporters may transfer data to a third country that does not guarantee an adequate level of protection, provided certain safeguards are in place, such as obtaining the consent of the data subject, or demonstrating the necessity of the transfer.
Coverage Horizontal

SENEGAL

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)
Senegal is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

SENEGAL

Since January 2004

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 2004-06 of 27 January 2004 on the Investment Code (Loi No. 2004-06 du 27 Janvier 2004 portant code des Investissements)
Senegal's Investment Code places no restrictions on the maximum share of foreign capital in the digital sector. There is no provision prohibiting full ownership in any of the relevant sectors of the digital economy.
Coverage Horizontal

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