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
Sources
- https://web.archive.org/web/20231210172746/https://www.trade.gov/country-commercial-guides/senegal-standards-trade
- https://web.archive.org/web/20231213204246/http://www.numerique.gouv.sn/sites/default/files/loi%20n%C2%B02018-28%20du%2012%20d%C3%A9cembre%202018%20portant%20Code%20des%20Communications%20%C3%A9lectro...
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
Sources
- https://web.archive.org/web/20231213204246/http://www.numerique.gouv.sn/sites/default/files/loi%20n%C2%B02018-28%20du%2012%20d%C3%A9cembre%202018%20portant%20Code%20des%20Communications%20%C3%A9lectro...
- https://www.itu.int/ITU-D/treg/Newsletters/Research%20Material/SEN_7decisions.pdf
- https://ib-lenhardt.com/type-approval/senegal
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SENEGAL
Since September 2010
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Decree No. 2010-1209 of 13 September 2010 relating to Law No. 2008-41 of 20 August 2008 on Cryptology in Senegal (Décret No. 2010-1209 du 13 Septembre 2010 relatif à la loi No. 2008-41 du 20 Août 2008 sur la Cryptologie au Sénégal)
According to the Law on Cryptology in Senegal, the private use of cryptographic software by a natural person is restricted to software with a key length of 128 bits or less. If the cryptographic key length exceeds this limit, the private use of such cryptography becomes subject to a declaration regime.
Coverage Horizontal
SENEGAL
Since August 2008
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Law No. 2008-41 of 20 August 2008 on Cryptology (Loi No. 2008-41 du 20 août 2008 sur la cryptologie)
According to Art. 14 of Law No. 2008-41 of 20 August 2008 on cryptology, the supply and importation of cryptology mean that do not exclusively ensure authentication and integrity control functions requires a prior declaration to the National Cryptology Commission and the submission of a description of technical characteristics.
Coverage Means of cryptology
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
Sources
- https://web.archive.org/web/20240517035557/https://www.cdp.sn/sites/default/files/protection.pdf
- https://web.archive.org/web/20231208185946/https://www.cdp.sn/sites/default/files/cybercrime.pdf
- https://web.archive.org/web/20230327160201/https://www.dataguidance.com/sites/default/files/Senegal_data_protection_law_EN_1.pdf
- https://web.archive.org/web/20230924034951/https://www.dataguidance.com/jurisdiction/senegal
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SENEGAL
Since January 2008
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
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)
Art. 4 of Law No. 2008-12 provides that legally entitled public authorities, in the context of a particular task or the exercise of a right of communication, may request the controller to communicate personal data to them. It is not clear whether a court order is required.
Coverage Horizontal
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 January 2008
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than 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 beyond 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 August 2007
Pillar Intermediary liability |
Indicator User identity requirement
Decree 2007-937 of 7 August 2007 on the identification of purchasers and users of mobile telephone services offered to the public (Décret 2007-937 du 7 Août 2007 portant identification des acheteurs et utilisateurs des services de téléphonie mobile offerts au public)
According to Art. 1 of Decree 2007-937 of 7 August 2007 on the identification of purchasers and users of mobile telephone services offered to the public, operators holding a telecommunication licence open to the public are required to identify the purchasers and users of SIM cards when signing up for mobile telephony services.
Coverage Mobile service providers
SENEGAL
Reported in 2021, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that the Senegalese Government has restricted access to online platforms and applications under the pretext of addressing illegal content, despite the absence of a clear definition for the term. For instance, during the events of March 2021 in Dakar, the Government blocked access to websites and applications such as WhatsApp, Facebook, Telegram, and YouTube, and suspended the signal of television channels like Sen TV and Walf TV.
Additionally, from the 1st to the 4th of June 2023, platforms such as Facebook, Twitter, WhatsApp, Instagram, YouTube, and Telegram were reportedly inaccessible amid widespread demonstrations following the sentencing of opposition figure Ousmane Sonko. More recently, in August 2023, authorities banned access to the social media platform TikTok, intensifying efforts to suppress dissent after dissolving the main opposition party and arresting its leader.
Additionally, from the 1st to the 4th of June 2023, platforms such as Facebook, Twitter, WhatsApp, Instagram, YouTube, and Telegram were reportedly inaccessible amid widespread demonstrations following the sentencing of opposition figure Ousmane Sonko. More recently, in August 2023, authorities banned access to the social media platform TikTok, intensifying efforts to suppress dissent after dissolving the main opposition party and arresting its leader.
Coverage Social media
Sources
- https://web.archive.org/web/20231208120515/https://netblocks.org/reports/social-media-and-messaging-apps-disrupted-in-senegal-amid-political-unrest-eA1R5pBp
- https://web.archive.org/web/20230928090527/https://www.nytimes.com/2023/06/02/world/africa/senegal-ousmane-sonko.html
- https://web.archive.org/web/20230802131229/https://www.reuters.com/world/africa/senegal-suspends-tiktok-saying-it-was-threatening-stability-2023-08-02/
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SENEGAL
Reported in 2023, last reported in 2024
Pillar Content access |
Indicator 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 3 in Senegal for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
It has been reported that in June 2023, authorities in Senegal imposed a shutdown of mobile internet in certain areas, further limiting communication access. The action was taken to prevent the spread of what authorities described as "hateful and subversive messages" amidst public disturbances. Additionally, mobile internet access was once again restricted following the arrest of opposition leader Ousmane Sonko. Since August 2023, cellular data has been reported to be consistently cut off in Senegal, with internet services typically disabled from around 8 a.m. to 2 a.m. local time, indicating a recurring pattern of internet shutdowns.
It has been reported that in June 2023, authorities in Senegal imposed a shutdown of mobile internet in certain areas, further limiting communication access. The action was taken to prevent the spread of what authorities described as "hateful and subversive messages" amidst public disturbances. Additionally, mobile internet access was once again restricted following the arrest of opposition leader Ousmane Sonko. Since August 2023, cellular data has been reported to be consistently cut off in Senegal, with internet services typically disabled from around 8 a.m. to 2 a.m. local time, indicating a recurring pattern of internet shutdowns.
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 March 1977, as amended in December 2015, entry into force in November 2020
Since January 2008
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)
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
