Database

Browse Database

SAO TOME AND PRINCIPE

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the United Nations (UN) Convention on the Use of Electronic Communications
São Tomé e Príncipe has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

SAO TOME AND PRINCIPE

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
São Tomé e Príncipe has not adopted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

SAO TOME AND PRINCIPE

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
São Tomé e Príncipe has not adopted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signature.
Coverage Horizontal

SAO TOME AND PRINCIPE

Since May 2016

Pillar Domestic data policies  |  Indicator Framework for data protection
Law No. 03/2016 - Aims to Guarantee and Protect the Personal Data of Individuals (Lei No. 03/2016 - Visa Garantir e Proteger os dados pessoais das Pessoas Singulares)
Law No. 03/2016 establishes a comprehensive data protection framework and addresses matters such as data processing notifications, data protection principles, data processor agreements, and essential data subject rights.
Coverage Horizontal

SAO TOME AND PRINCIPE

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 São Tomé e Príncipe's law and jurisprudence.
Coverage Internet intermediaries

SAO TOME AND PRINCIPE

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 infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in São Tomé e Príncipe's law and jurisprudence.
Coverage Internet intermediaries

SAO TOME AND PRINCIPE

Since August 2012

Pillar Intermediary liability  |  Indicator User identity requirement
Regulation on the Registration and Identification of SIM Cards – Decree No. 20 of 2012 (Decreto No. 20/2012 - Regulamento sobre Registo de Identificação dos Cartões SIM
Arts. 7 and 8 of Decree No. 20/2012 impose that the purchasers of SIM cards register their names and national identity numbers before the telecommunications operators.
Coverage Telecommunications sector

SAO TOME AND PRINCIPE

Reported in 2022

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Self-certification is allowed in São Tomé e Príncipe for radio transmission, electromagnetic interference (EMI) or electromagnetic compatibility (EMC). São Tomé e Príncipe allows foreign companies to self-certify that they comply with these standards through a Supplier Declaration of Conformity (SDoC).
Coverage Electronic products

SAO TOME AND PRINCIPE

Reported in 2022

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
The government owns 49% of the shares of Companhia Santomense de Telecomunicações, SARL (CST).
Coverage Telecommunications sector

SAO TOME AND PRINCIPE

Since August 2007

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
São Tomé e Príncipe does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation of accounting separation since 2007, according to Arts. 6.1 and 25 of Law No. 24/2007.
Coverage Telecommunications sector

SAO TOME AND PRINCIPE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
São Tomé e Príncipe has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. This is because São Tomé e Príncipe is not a member of the WTO, although it is an observer.
Coverage Telecommunications sector

SAO TOME AND PRINCIPE

Since August 2005

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Decree-Law No. 14/2005 - Creation and Statutes of the General Regulatory Authority (AGER) (Decreto-Lei No. 14/2005 - Criação e Estatutos da Autoridade Geral de Regulação (AGER))
The General Regulatory Authority of the Democratic Republic of São Tomé e Príncipe (AGER) is the executive authority for the supervision and administration of services in the telecommunications sector. The authority is independent from the government in the decision-making process, as confirmed in Art. 5 of Decree-Law No. 14/2005, which states that AGER is a legal person governed by public law, with technical, administrative and financial autonomy and its own assets.
Coverage Telecommunications sector

SAO TOME AND PRINCIPE

Since May 2016

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 03/2016 - Aims to Guarantee and Protect the Personal Data of Individuals (Lei No. 03/2016 - Visa Garantir e Proteger os Dados Pessoais das Pessoas Singulares)
According to Art. 19 of Law No. 03/2016, cross-border transfer of personal data is only permitted to countries considered to provide adequate levels of protection, as determined by the National Data Protection Agency (ANPDP). However, according to Art. 20, the transfer to a legal system that does not ensure an adequate level of protection may be carried out by notifying the ANPDP or is permitted where the data subject has given their consent;
- the transfer is necessary for the performance of a contract between the data subject and the controller;
- the transfer is necessary for the performance of a contract entered into in the interest of the data subject between the controller and third party;
- the transfer is necessary or required by law for the protection of an important public interest or for the declaration, exercise or defence of a right in legal proceedings
- the transfer is necessary to protect the vital interests of a data subject; or
- the transfer is made from a register which, according to the laws or regulations, is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate legitimate interest provided conditions laid down in the law for consultation are fulfilled in each case.
In addition, the ANPDP may authorise a transfer or a set of transfers of personal data to a jurisdiction which does not ensure an adequate level of protection provided that the controller ensures adequate mechanisms to ensure the protection of privacy and the fundamental rights and freedoms of persons and of their performance, in particular by means of appropriate contractual clauses.
Coverage Horizontal

SAO TOME AND PRINCIPE

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
São Tomé e Príncipe has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

SAO TOME AND PRINCIPE

Since July 2008

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
São Tomé e Príncipe is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

Report issue     Report new measure