Database

Browse Database

CHAD

Since February 2015

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Law No. 007/PR/2015 on the protection of personal data.

Decree No. 075/PR/2019 on implementing the provisions of the Law on the protection of personal data
There is a data protection regime in Chad governed by Law No. 007/PR/2015 on Personal Data protection, and Decree No. 075/PR/2019 implementing the provisions of application of Law No. 007/PR/2015 on the protection of personal data.
Coverage Horizontal

CHAD

Since February 2015
Since December 2008

Pillar Domestic Data policies  |  Sub-pillar Minimum period for data retention
Law No. 009/PR/2015 on Cybersecurity and the fight against Cybercrime

Directive No. 07/08-UEAC-133-CM-18 of December 19, 2008 on the Legal Framework for the Protection of Users of Electronic Communications Networks and Services within CEMAC
Art. 61 of Law No. 009 of 2015 on Cybersecurity and Cybercrime mandates Operators of Information Systems to retain connection and traffic data for 10 years (according to art. 4 of the Law, information system means any isolated device or set of interconnected or related devices, ensuring by itself or by one or more of its elements, according to a program, an automated data processing). This is despite the sub-regional legislation of CEMAC, to which Chad belongs, provides for a maximum duration of two years during which the States can allow operators to keep traffic data for security reasons.
Coverage Operators of Information System

CHAD

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
Chad has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

CHAD

Since February 2015

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 007/PR/2015 on the protection of personal data
Processing of special categories of data (including sensitive data) is prohibited unless consent of the data subject is obtained (Chapter V of Law No. 007/PR/2015 on the protection of personal data). According to Art. 52, authorization of the "Agence Nationale de Sécurité Informatique et de Certification Électronique" (ANSICE), is mandated to process this data. It is not clear how this requirement affects the capacity of companies to transfer data across borders.
Coverage Horizontal

CHAD

Since February 2015

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 007/PR/2015 on the protection of personal data
Art. 29 of Law No. 007/PR/2015 on the protection of personal data prohibits the transfer of personal data to a country that is not a member of the Economic and Monetary Community of Central Africa (CEMAC) or the Economic Community of Central African States (ECCAS), unless that state ensures a sufficient level of protection of the privacy, freedoms and fundamental rights of individuals. Certain exceptions apply (Art. 30-33). Prior to any transfer of personal data abroad, it is required that the data controller informs the regulatory authority, the National Agency for Information Security and Electronic Certification (ANSICE).
Coverage Horizontal

CHAD

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Lack of independent telecom authority
Chad has a telecommunications authority: Electronic Communications and Postal Regulatory Authority (ARCEP). However, it is reported that this entity is not fully independent.
Coverage Telecommunications sector

CHAD

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Chad has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

CHAD

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Chad mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

CHAD

Reported in 2018

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Strict licence conditions
Airtel Chad and Tigo Chad have stated that they were obliged to comply to orders from the government to shut down the internet and limit access to social media in certain regions of the country for a period of 16 months. The operators stated that this obligation emanated from their license conditions with the ARCEP (the regulatory authority for electronic communications and postal services) which require them to cooperate with government authorities and if necessary restrict access to the networks in the interest of national security. The text of the agreements is not publicly available.
Coverage Telecommunications sector

CHAD

Reported in 2022

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Groupe Sotel Tchad, the main fixed-line operator, is reportedly 100% state-owned. However, it is reported that the government is considering privatization.
Coverage Telecommunications sector

CHAD

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Chad to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

CHAD

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Chad 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 Chad since 2002.
Coverage Horizontal

CHAD

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Chad has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

CHAD

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Chad has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

CHAD

Since March 1977, as amended in December 2015, entry into force in November 2020
Since May 2003

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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 Organisation 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. 005/PR/2003 of 2 May 2003 on the Protection of Copyright, Neighboring rights and Expressions of Folklore (Loi No. 005/PR/2003 du 2 mai 2003 portant protection du droit d’auteur, des droits voisins et des expressions du folklore)
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 Chad 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, which enables the lawful use of copyrighted work by others without obtaining permission. In addition, Arts. 34-38 of Law No. 005/PR/2003 also provide for limitations on copyright.
Coverage Horizontal