Database

Browse Database

SENEGAL

Since December 2016

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Law No. 2016-33 of 14 December 2016 on Intelligence Services (Loi No. 2016-33 du 14 Décembre 2016 relative aux services de renseignement)
The Intelligence Services Law provides that in the event of a threat to national interests and the absence of any other means, the intelligence services may use intrusive technical surveillance and location procedures to collect information useful for neutralising the threat (Art. 10). To this end, the entities holding the data are obliged to provide the necessary assistance to the intelligence services without delay.
Coverage Horizontal

SENEGAL

Since January 2008

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Law No. 2008-8 of 25 January 2008 on Electronic Transactions (Loi No. 2008-8 du 25 Janvier 2008 sur les Transactions Électroniques)
Law No. 2008-8 of 25 January 2008 on Electronic Transactions establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 3.2 of the Law on Electronic Transactions, intermediaries may not be held civilly liable for activities or information stored at the request of a recipient of such services if they did not have actual knowledge of their unlawful nature or of facts or circumstances indicating such a nature, or if, as soon as they became aware of such knowledge, they acted promptly to remove such data or to prevent access to them.
Coverage Internet intermediaries

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 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 March 1977, as amended in December 2015, entry into force in November 2020
Since January 2008

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)

Law No. 2008-09 of 25 January 2008 on Copyright and Related Rights (Loi No. 2008-09 du 25 janvier 2008 sur le droit d'auteur et les droits voisins)
The Revised Bangui Agreement is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Senegal and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. In addition, Arts. 38-46 of Law No. 2008-09 also provides for limitations on copyrights.
Coverage Horizontal

SENEGAL

Since May 2002

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

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