RWANDA
Since May 2010
Since June 2016
Since June 2016
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Law No. 18/2010 of 12/05/2010 relating to Electronic Messages, Electronic Signatures and Electronic Transactions
Law No. 24/2016 of 18/06/2016 Governing Information Communication and Technologies
Law No. 24/2016 of 18/06/2016 Governing Information Communication and Technologies
Law No. 18/2010 establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 8, intermediaries and telecommunications network service providers are absolved of liability for the contents of documents or electronic messages transmitted through their networks by an individual. This liability applies to the creation, publication, and dissemination of electronic messages on the network and the use of such electronic messages in contravention of the law.
Furthermore, under Art. 10 of the same law, telecommunications operators and intermediaries are not liable for providing access to information, transmission or its retention as long as they do not initiate the transmission of the information or select the addressee and cannot modify the electronic communication. Under Art. 11, an intermediary or a certification authority shall not be liable for the automatic, intermediate, and temporary storage of that electronic record, in case the intention of such storage of electronic record is its onward transmission to other recipients who requested for it.
Additionally, under Art. 12, an intermediary that provides a service comprising the storage of electronic messages shall not be liable for damages arising from information stored if it is not aware that the information or the activity relating to the information infringes any person. Under Art. 13, an intermediary shall not be liable for damages incurred when it links its services with other websites containing electronic messages or activities that do not fulfil legal requirements. Arts. 188-192 of the Law Governing Information Communication and Technologies outlines the limits to liability to electronic service and network providers, limits of caching, hosting, and relating to information local tools.
Furthermore, under Art. 10 of the same law, telecommunications operators and intermediaries are not liable for providing access to information, transmission or its retention as long as they do not initiate the transmission of the information or select the addressee and cannot modify the electronic communication. Under Art. 11, an intermediary or a certification authority shall not be liable for the automatic, intermediate, and temporary storage of that electronic record, in case the intention of such storage of electronic record is its onward transmission to other recipients who requested for it.
Additionally, under Art. 12, an intermediary that provides a service comprising the storage of electronic messages shall not be liable for damages arising from information stored if it is not aware that the information or the activity relating to the information infringes any person. Under Art. 13, an intermediary shall not be liable for damages incurred when it links its services with other websites containing electronic messages or activities that do not fulfil legal requirements. Arts. 188-192 of the Law Governing Information Communication and Technologies outlines the limits to liability to electronic service and network providers, limits of caching, hosting, and relating to information local tools.
Coverage Internet intermediaries
RWANDA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Rwanda does not mandate functional separation for operators with significant market power (SMP) in the telecom market. Yet, the country mandates accounting separation under Art. 103 of Law No. 24/2016 of 18/06/2016 Governing Information and Communication Technologies. This is also confirmed by Art. 18 and Section 15 of Annex II of Regulation No. 013/R/EC-ICT/RURA/2021 of 25/02/2021 Governing Licensing in Electronic Communication.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250421153137/https://rwandalii.org/akn/rw/act/law/2016/24/eng@2016-06-27
- https://web.archive.org/web/20240612190849/https://rura.rw/fileadmin/Documents/ICT/Laws/Regulation_Governing_Licensing_in_Electronic_Communication_in_Rwanda.pdf
- https://datahub.itu.int/data/?i=100047&s=8421
- Show more...
RWANDA
Since May 2010
Since June 2016
Since June 2016
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 18/2010 of 12/05/2010 relating to Electronic Messages, Electronic Signatures and Electronic Transactions
Law No. 24/2016 of 18/06/2016 Governing Information Communication and Technologies
Law No. 24/2016 of 18/06/2016 Governing Information Communication and Technologies
Law No. 18/2010 establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 8 of the law, intermediaries and telecommunications network service providers are absolved of liability for the contents of documents or electronic messages transmitted through their networks by an individual. This liability applies to the creation, publication, and dissemination of electronic messages on the network and the use of such electronic messages in contravention of the law.
Furthermore, under Art. 10 of the same law, telecommunications operators and intermediaries are not liable for providing access to information, transmission or its retention as long as they do not initiate the transmission of the information or select the addressee and cannot modify the electronic communication. Under Art. 11, an intermediary or a certification authority shall not be liable for the automatic, intermediate, and temporary storage of that electronic record, in case the intention of such storage of electronic record is its onward transmission to other recipients who requested for it.
Additionally, under Art. 12, an intermediary that provides a service comprising the storage of electronic messages shall not be liable for damages arising from information stored if it is not aware that the information or the activity relating to the information infringes any person. Under Art. 13, an intermediary shall not be liable for damages incurred when it links its services with other different websites containing electronic messages or activities that do not fulfil legal requirements. Arts. 188-192 of the Law Governing Information Communication and Technologies outlines the limits to liability to electronic service and network providers, limits of caching, hosting, and relating to information local tools.
Furthermore, under Art. 10 of the same law, telecommunications operators and intermediaries are not liable for providing access to information, transmission or its retention as long as they do not initiate the transmission of the information or select the addressee and cannot modify the electronic communication. Under Art. 11, an intermediary or a certification authority shall not be liable for the automatic, intermediate, and temporary storage of that electronic record, in case the intention of such storage of electronic record is its onward transmission to other recipients who requested for it.
Additionally, under Art. 12, an intermediary that provides a service comprising the storage of electronic messages shall not be liable for damages arising from information stored if it is not aware that the information or the activity relating to the information infringes any person. Under Art. 13, an intermediary shall not be liable for damages incurred when it links its services with other different websites containing electronic messages or activities that do not fulfil legal requirements. Arts. 188-192 of the Law Governing Information Communication and Technologies outlines the limits to liability to electronic service and network providers, limits of caching, hosting, and relating to information local tools.
Coverage Internet intermediaries
RWANDA
Since February 2021
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Regulation No. 013/R/EC-ICT/RURA/2021 of 25/02/2021 Governing Licensing in Electronic Communication
Art. 29 of Annex 2 of Regulation No. 013/R/EC-ICT/RURA/2021 sets out the operational requirements that licensees must follow. This includes, but is not limited to, the purchase of equipment, construction, installation, and facility delivery. The Licensee must give priority to: (i) materials and products made in Rwanda; and (ii) service providers based in Rwanda, owned by Rwandan citizens or companies incorporated under Rwandan law with majority Rwandan ownership—provided this does not compromise safety, efficiency, or cost-effectiveness.
The Licensee is also required to prioritise the employment of Rwandan citizens across all operational phases, while maintaining safety, efficiency, and economy. In addition, it must provide training to Rwandan staff to support their advancement into managerial and technical roles. An annual report must be submitted to the Regulatory Authority detailing the strategies used to meet these obligations.
The Licensee is also required to prioritise the employment of Rwandan citizens across all operational phases, while maintaining safety, efficiency, and economy. In addition, it must provide training to Rwandan staff to support their advancement into managerial and technical roles. An annual report must be submitted to the Regulatory Authority detailing the strategies used to meet these obligations.
Coverage Telecommunications sector
RWANDA
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
Rwanda has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=9291&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
RWANDA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Rwanda Utilities Regulatory Authority (RURA), 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
RWANDA
Since May 2016
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Regulations No. 001/R/TD-ICS/RURA/016 of 06/05/2016 Governing Telecom Network Security in Rwanda
Art. 16 of the "Regulations No. 001/R/TD-ICS/RURA/016 of 06/05/2016 Governing Telecom Network Security in Rwanda" mandates that subscriber information held by a telecommunication service provider or internet service provider—including voice, SMS, and call data records—must be processed, stored, and transmitted securely within the territory of Rwanda. The provision explicitly prohibits the transfer, storage, or processing of such subscriber information outside national borders.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240326164754/https://www.rura.rw/uploads/media/Regulations_Governing__Telecom_Network_Security.pdf
- https://digitalpolicyalert.org/event/27442-rwanda-utilities-regulatory-authoritys-regulations-no-001rtd-icsrura016-governing-telecom-network-security-in-rwanda-including-data-localisation-requirement-...
RWANDA
Since February 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 006/2021 of 05/02/2021 on Investment Promotion and Facilitation
There is no restriction on foreign ownership. According to Art. 9 of the Investment Promotion and Facilitation Law, foreign investors are allowed to invest and purchase shares in an investment entity in Rwanda and receive the same treatment as Rwandan investors in terms of investment incentives and facilitation.
In this regard, Rwanda has neither statutory limits on foreign ownership or control nor any official economic or industrial strategy that discriminates against foreign investors. Local and foreign investors have the right to own and establish business enterprises in all forms of remunerative activity.
In this regard, Rwanda has neither statutory limits on foreign ownership or control nor any official economic or industrial strategy that discriminates against foreign investors. Local and foreign investors have the right to own and establish business enterprises in all forms of remunerative activity.
Coverage Horizontal
RWANDA
Since February 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Law No. 007/2021 of 05/02/2021 Governing Companies
According to Art. 6 of Law No. 007/2021 of 05/02/2021 Governing Companies, a company must have at least one director who resides in Rwanda.
Coverage Horizontal
RWANDA
Since February 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law No. 006/2021 of 05/02/2021 on Investment Promotion and Facilitation
Under Art. 17 of the Law on Investment Promotion and Facilitation, commercial entities seeking to invest in Rwanda are required to submit an investment registry application to the Investment Board. The application must include several key documents, including a completed registration form, a certificate of incorporation, and a comprehensive business plan. The business plan must detail the project’s name, an action plan, the projected commencement date, the sourcing of raw materials, the financing or assets to be obtained from abroad, a market survey, plans for technology and knowledge transfer, and five-year income projections. Additionally, the application must include an environmental impact assessment certificate, projected employment numbers and categories, proof of payment of a non-refundable registration fee, and a license from the relevant business sector in which the investor intends to operate. The Investment Board reviews the application, and if any documents are missing, the application will be rejected, with written reasons for rejection provided within two working days. If the application is complete and meets the necessary requirements, the Board will issue an "investment certificate," which is valid for five years.
Coverage Horizontal
RWANDA
Reported in 2017, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Lack of effective enforcement of patents
It is reported that investors encounter challenges in registering patents and having rules against infringement of their property rights enforced promptly due to weak enforcement of patents' rights, stemming from inadequate capacity and knowledge of intellectual property law by the justice sector.
Coverage Horizontal
RWANDA
Since August 2011
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Rwanda is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
RWANDA
Since July 2024
Since September 2020
Since September 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 055/2024 on the Protection of Intellectual Property
Guidelines for Intellectual Property Registration - Published by the Office of the Registrar General Intellectual Property Division, Rwanda development Board, Year 2020
Guidelines for Intellectual Property Registration - Published by the Office of the Registrar General Intellectual Property Division, Rwanda development Board, Year 2020
Law No. 055/2024 on the Protection of Intellectual Property establishes a clear framework for copyright exceptions, following the fair use model. This allows the lawful use of copyrighted works by others without the need for permission. Arts. 291–304 of the law detail these exceptions, which include, among others, private reproduction, temporary reproduction, quotation, reproduction by libraries, use for judicial purposes, importation for personal use, and reproduction for individuals with visual or other disabilities. Additionally, Section 4.7 of the Guidelines for Intellectual Property Registration underscores that the fair use doctrine permits the use of limited portions of a work—such as quotes—for purposes like commentary, criticism, news reporting, and scholarly research. This provision enables the use of protected works for educational, critical, and journalistic purposes without requiring consent from the rights holder. Prior to the enactment of Law No. 055/2024, the Guidelines for Intellectual Property Registration complemented Law No. 31/2009 on the Protection of Intellectual Property, particularly Arts. 203–215, which outlined limitations on economic rights, including a comprehensive list of copyright limitations and exceptions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240929002514/https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/rw/rw038en_1.pdf
- https://web.archive.org/web/20220108104524/https://org.rdb.rw/wp-content/uploads/2020/09/Guidelines-for-intelectual-property-registration_compressed.pdf
RWANDA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Rwanda has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
RWANDA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Rwanda has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
