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MADAGASCAR

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 20, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

MADAGASCAR

Since June 2015

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 14/2015 on guarantees and consumer protection (Loi No.14/2015 sur les garanties et la protection des consommateurs)
Law No.14/2015 on guarantees and consumer protection provides a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal

MADAGASCAR

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 ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Madagascar has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

MADAGASCAR

Since 2014

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Madagascar has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

MADAGASCAR

Since 2014

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Madagascar has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

MADAGASCAR

Since October 2005

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Law No. 2005-023 of 17 October 2005 on the Institutional Reform of the Telecommunications Sector (Loi N. 2005-023 du 17 Octobre 2005 portant Réforme institutionnelle du secteur des Télécommunications)
According to Art. 17 of Law No. 2005-023 of 17 October 2005 on the Institutional Reform of the Telecommunications Sector, all radio-electrical equipment intended for connection to a public network must be approved by the Regulatory Agency (ARTEC) or by a laboratory authorised or recognised by it. The Regulatory Agency is responsible for publishing and periodically updating a list of authorised laboratories whose approvals it automatically recognises. Once approval is granted for a specific brand and type of terminal equipment, any unit of that brand and type is immediately authorised for distribution and use. This approval is mandatory for all radio installations, regardless of whether they will connect to a public network. In practice, however, the website acknowledges ARTEC as the exclusive authority for approvals and has yet to publish a list of recognised laboratories.
Coverage Telecom equipment

MADAGASCAR

Since April 2011

Pillar Online sales and transactions  |  Sub-pillar Licensing scheme for e-commerce providers
Decision No. 01 of the Ministry of Finance and Budget of 12 April 2011 on the prior authorisation for the exercise of the activity of wholesaler, industrialist and importer
(Décision No. 01/MFB/SG/DGI/DELF du 12 avril 2011 relative à l'autorisation préalable pour l'exercice de l'activité de grossiste, d’industriel et d’importateur)
According to Decision No. 01 of the Ministry of Finance and Budget, wholesale trade is to be subjected to authorisation by the Directorate General of Taxes, equivalent to a licence. The decision granting this authorisation does not distinguish between physical trade and online trade as long as wholesale trade is conducted in Madagascar.
Coverage Wholesale trade companies

MADAGASCAR

Since 2009
Since 2017

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Decree No. 2009-048 of 12 January 2009 stipulating the terms and conditions of application of Law N. 2006-008 of 2 August 2006 on the Foreign Exchange Code (Décret N.2009-048 du 12 Janvier 2009 fixant les modalités d'application de la loi N.2006-008 du 02 août 2006 portant Code des Changes)

Law 2016-056 of 6 February 2017 on electronic money and electronic money institutions (Loi 2016-056 du 6 Février 2017 sur la monnaie électronique et les établissements de monnaie électronique)
According to Art. 2 of Decree No. 2009-048, e-payments relating to current transactions between a person resident in Madagascar and foreigners or non-residents of Madagascar are free but may only be made through licensed intermediaries. In addition, according to Art. 21 of the law, capital transactions and financial operations between a person resident in the Republic of Madagascar and those residents abroad carried out by holders of foreign currency accounts subscribed in the name of residents remain subject to prior authorisation by the Ministry of Finance. Furthermore, pursuant to Art. 22 of the law, transfers from one foreign currency account to another foreign currency account are not authorised between residents except in limited cases.
According to the Law on Electronic Money and Electronic Money Institutions, only licensed electronic payment institutions may provide online payment services (Arts. 2-3). The limits of the transactions are determined by the agreement between the institution and the user. In practice, access to online payment is therefore limited.
Coverage Horizontal

MADAGASCAR

Since January 2015

Pillar Domestic data policies  |  Sub-pillar Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 2014 - 038 of 9 January 2015 on the protection of personal data (Loi N. 2014 – 038 du 09 Janvier 2015 sur la protection des données à caractère personnel)
According to Art. 51 of the law, any data controller (for all sectors) shall appoint a data protection officer (DPO). The designation of the DPO is notified to the Malagasy Commission on Information Technology and Liberties (CMIL) by any written procedure. The Commission shall keep an updated list of the designated delegates.
Coverage Horizontal

MADAGASCAR

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 Madagascar's law and jurisprudence.
Coverage Internet intermediaries

MADAGASCAR

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Madagascar's law and jurisprudence.
Coverage Internet intermediaries

MADAGASCAR

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Madagascar imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector

MADAGASCAR

Since July 2016

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Law No. 2016-029 of 14 of July 2016 on the Media Communication Code (Loi N. 2016-029 du 14 Juillet 2016 portant Code de la Communication Médiatisée)
Art. 176 of the Law No. 2016-029 states that the clients of a web host and the website owners must provide their real identity and exact contact details.
Coverage Web hosts and websites

MADAGASCAR

Since July 2016

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Law No. 2016-029 of 14 of July 2016 on the Media Communication Code (Loi N. 2016-029 du 14 Juillet 2016 portant Code de la Communication Médiatisée)
According to Art. 176 of Law No. 2016-029, the Internet Service Providers (ISPs) and any other online service providers are obliged to monitor the content of the websites they support. They shall notify the National Authority for the Regulation of Media Communication of any illegal activity or content of which they are aware. In the absence of immediate reporting, it is sanctioned by a fine of 1 million to 3 million Ariary (approx. USD 226 to USD 678). The article also states that the clients of a web host or the website owners must provide their real identity and exact contact details.
Coverage Internet Service Providers (ISPs) and online service providers

MADAGASCAR

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Regulatory Authority of Communication Technologies (ARTEC), 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

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