MAURITIUS
Since July 1999 for ITA I
Since December 2015 for ITA II
Since December 2015 for ITA II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
WTO Information Technology Agreement (ITA) of 1996 and the WTO ITA II of 2015
Mauritius is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage Horizontal
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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MAURITANIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Mauritania has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
MAURITANIA
Reported in 2024
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Self-declaration of conformity allowed
Type approval procedures in Mauritania are regulated by the Autorité de Régulation (ARE). It is reported that the conformity requirements are similar to those of the European Union. The homologation process in Mauritania does not require local laboratory testing or contact with local representatives.
Coverage Electrical equipment
MAURITANIA
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Sub-pillar 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 25, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
MAURITANIA
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Mauritania does not have a legal framework that applies consumer protection to online transactions. Law No. 2020-007 on consumer protection does not frame the protection of consumers for goods and services online.
Coverage E-commerce sector
MAURITANIA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Mauritania has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
MAURITANIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Mauritania has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
MAURITANIA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom companies
The government of Mauritania holds substantial equity interests in two major telecommunications companies. Mauritel, which provides mobile telephony, internet, and business communication services, is reported to have 46% of its shares owned by the government. Similarly, Chinguitel, which offers both mobile and fixed telecommunications services, is also reported to have some level of government ownership. Nonetheless, the precise details of this ownership remain unverified due to the absence of official documentation.
Coverage Telecommunications sector
MAURITANIA
Since December 1999
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Law No. 99-019 on Telecommunications (Loi No. 99-019 portant sur les telecommunications)
A dominant operator in the telecommunication market in Mauritania is required to have both accounting and functional separation. Art. 73 of the Telecommunication Law states that the dominant operator and its subsidiaries have to practice financial and operational separation.
Coverage Telecommunications sector
MAURITANIA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Mauritania has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
MAURITANIA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Regulation Authority, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
MAURITANIA
Since November 2017, entry into force in July 2022
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Law No. 2017-020 on the Protection of the Personal Data (Loi No.2017-020 sur la protection des données à caractère personnel)
Law No. 2017-020 provides that the controller may transfer personal data to a third country only if that country ensures an adequate level of protection (Art. 20). The Personal Data Protection Authority shall publish and maintain a list of states that it considers to provide an adequate level of protection (Art. 21). If the country is not included in the list of adequate countries, the controller must first inform the Authority. Moreover, Art. 24 specifies that the data controller may transfer personal data to a third country that does not meet the requirements of Art. 21 if the transfer is one-off, not massive, and the person to whom the data relates has expressly consented to its transfer, or if the transfer is necessary for any of the following purposes:
- to safeguard the life of that person.
- to protect the public interest.
- to comply with obligations to establish, exercise or defend a legal claim.
- the performance of a contract between the controller and the data subject.
Lastly, the Authority may authorise, on the basis of a duly motivated request, a transfer or a set of transfers of data to a third country that does not ensure an adequate level of protection when the data controller offers sufficient guarantees with regard to the provisions of this law, including through contractual clauses (Art. 25).
- to safeguard the life of that person.
- to protect the public interest.
- to comply with obligations to establish, exercise or defend a legal claim.
- the performance of a contract between the controller and the data subject.
Lastly, the Authority may authorise, on the basis of a duly motivated request, a transfer or a set of transfers of data to a third country that does not ensure an adequate level of protection when the data controller offers sufficient guarantees with regard to the provisions of this law, including through contractual clauses (Art. 25).
Coverage Horizontal
MAURITANIA
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Mauritania has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
MAURITANIA
Since November 2017, entry into force in July 2022
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Law No. 2017-020 on the Protection of the Personal Data (Loi No.2017-020 sur la protection des données à caractère personnel)
Law No. 2017-020 provides a comprehensive regime of data protection in Mauritania.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220704161140/https://www.msgg.gov.mr/sites/default/files/2020-11/J.O.%201400F%20DU%2015.11.207.pdf
- https://web.archive.org/web/20231023233708/https://www.lexology.com/library/detail.aspx?g=baef72ee-10bd-4eb9-a614-a990c236bb45
- https://web.archive.org/web/20240421072327/https://www.kas.de/documents/265308/22468903/230406_DataProtectionLawsNorthernAfrica_KAS_Web.pdf/ac468c6d-3b82-44d8-bd7e-00ace3906a5b?version=1.0&t=168204241...
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MAURITANIA
N/A
Pillar Intermediary liability |
Sub-pillar 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 Mauritania's law and jurisprudence.
Coverage Internet intermediaries