A basic legal framework on intermediary liability beyond copyright infringement is absent in Côte d'Ivoire's law and jurisprudence.

Art. 3 of the Decree No. 2017-193 requires telecom operators and service providers to identify their subscribers through collection and storage of identification data. Art. 14 specifies that “subscriber data is kept up to date and can only be accessed by third parties in the event of an investigation or judicial information, upon written request from the competent judicial authority and by agents appointed by the Telecommunications/ICT Regulatory Authority of Côte d’Ivoire (ARTCI, "Autorité de Régulation des Télécommunications/TIC de Côte d'Ivoire") as part of their control mission, in accordance with the regulations in force”. As a result, personal data appears to be accessible to the authorities also without a court order.

A basic legal framework on intermediary liability for copyright infringement is absent in Côte d'Ivoire's law and jurisprudence.

Under Art. 15 of Decree No. 2017-193, telecom operators and service providers are required to collect and keep copies of documents and data relating to subscribers’ identification throughout the duration of their subscription and, at least, three years from the end of the subscription.

Law No. 2013-450 provides for the creation of a correspondent for the protection of personal data, who is a person enjoying qualifications to perform such missions and is the independent natural or legal person designated by the responsible person (the natural or legal person, public or private, any other body or association which, alone or jointly with others, takes the decision to collect and process personal data and determines the purposes thereof) to oversee the responsible person's obligations under the Law and ensure compliance with the Law (Art. 12). More information about this role can be found in Order No. 511/MPTIC/CAB. There are no requirements to carry out a Data Protection Impact Assessment in the Law No. 2013-450. However, it is reported that the Telecommunications/ICT Regulatory Authority of Côte d'Ivoire (ARCTI) is beginning to impose it as a good practice for any sensitive data processing.

Law No. 2013-450 is the legal framework for the protection of personal data.

Côte d'Ivoire has not joined any agreement with binding commitments on data flows.

According to 71 of Ordinance No. 2012-293, the Autorité de Régulation des Télécommunications/TIC de Côte d'Ivoire, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Under Art. 26 of Law No. 2013-450, the controller of a processing operation may only be authorized to transfer personal data to a third country if that country ensures a higher or equivalent level of protection of the privacy, freedoms and fundamental rights of individuals with regard to the processing of which such data are or may be subject. In addition, before any actual transfer of personal data to this third country, the controller must first obtain authorization from the Protection Authority. The transfer of personal data to third countries is subject to regular monitoring by the Protection Authority with regard to their purpose.

Ordinance No. 2012-293 provides for licenses under which a company is allowed to establish, operate networks or provide telecommunications services. Obtaining an individual license is subject to the following conditions: being a legal entity under Ivorian law, having the technical and financial capacity; having an operating plan for the individual license that complies with the criteria established in the specifications; committing to comply with the applicable law, in particular this Ordinance and its implementing provisions, as well as the specifications appended to the license for which it applies (Art. 9).

Côte d'Ivoire has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Côte dIvoire does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, Art. 45 of Ordinance 2012-293 relating to telecommunications and information and communication technologies lays down the principle of accounting separation of operators and powerful suppliers.

The State of Côte d'Ivoire holds 5% in the capital of the leader in mobile telephony in Côte d'Ivoire (ORANGE CI).

Côte d'Ivoire 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 Côte d'Ivoire since 2002.

Côte d'Ivoire encourages infrastructure sharing under Art. 35 of the Ordinance No. 2012-293 and makes it compulsory for SMP operators in the market for co-location (Art. 49). It is reported that passive infrastructure sharing is practiced in the mobile sector and in the fixed sector.