Burundi has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Burundi has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

According to Art. 18 of Burundi's Commercial Code, foreign merchants residing outside Burundi must have an elected domicile in Burundi and appoint a legal representative who has permanent residence in Burundi.

Burundi does not have a legal framework that applies consumer protection to online transactions. However, the Electronic Transaction Law which will cover online consumer protection is in draft state.

According to Arts. 20-21 of Decree No. 100/97, any natural or legal person wishing to operate a value-added service must obtain prior authorization from the Agence de Régulation et de Contrôle des Télécommunications (ARCT, Regulatory Agency for Telecommunications). According to the Decree, value-added services include the exploitation of electronic commerce platforms and the operation of money transfer and mobile payment platforms. In order to apply the following documents must be submitted: a reasoned application, the identification of the applicant, the technical and financial means that it intends to use, and the concessionaire with whom it intends to establish a partnership, if applicable.

Burundi does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, there is an informal reported threshold of USD 100.

It is reported that the homologation process in Burundi does not require local laboratory testing or contact with local representatives. However, a product sample can be requested from the authority for viewing.

According to Art. 17 of the Decree No. 100/97, importers of electronic communications equipment must register and obtain validation and authorizations of intent to import from Telecommunications Regulatory and Control Agency (ARCT).

According to Section 3 of the 2018 Press Law, the "Conseil National de la Communication" (CNC) is entitled to unilaterally distribute and withdraw a press card to journalists with high discretion, including electronic media. It is reported that this results in some journalists not getting the press card, and reportedly media organizations have tried to be involved in the issuing of the press cards but failed.

Art. 76 of the Law No. 1/19 regulating the media, provides that media organisations are responsible for any articles published on their portals, even where the person published anonymously. This provision has been in forced since the establishment of Law No. 1/11 of June 4, 2013 amending Law No. 1/025 of November 27, 2003 governing the press in Burundi. Furthermore, Art. 62 establishes that the press organs authorized to operate are obliged to refrain from broadcasting or publishing content that is contrary to morality and public order.

It is reported that in May 2020, on presidential election day, the government blocked access to social networks, including Facebook, Twitter, WhatsApp and YouTube. It is also reported that in April 2015, the Agence de Régulation et de Contrôle des Télécommunications (ARCT) instructed all telecom operators providing mobile internet to block access to social media platforms such as Facebook, Twitter, WhatsApp, and Telegram for 10 days.

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

According to Arts. 29-31 of the Law No. 100/97 of 18 April 2014, on the conditions of operating in the electronic communication sector (amending the Ministerial Law No. 520/730/540/231 of 9 April 1995), operators of electronic communications networks open to the public and electronic communication services providers are required at the time of any subscription, to identify subscribers and maintain subscriber lists and produce directories. They are also required to submit the information on the identity of subscribers to the Agence de Régulation et de Contrôle des Télécommunications (ARCT, Regulatory Agency for Telecommunications).

It is reported that Order No. 1 of 8 April 2014, issued by the "Agence de Régulation et de Contrôle des Télécommunications" (ARCT), required all end users of telecommunication services to provide personal data before acquiring a SIM card. It required the provision of personal information such as names, addresses, places, and dates of birth, a copy of national identity cards, and passport photographs, as part of the mandatory SIM card registration. Similarly, it is reported that Art. 3 of Burundi’s Ministerial Law No. 540/356 of March 17, 2016, obliges mobile operators to take all the necessary measures to verify if the SIM card users are the real subscribers and to block the SIM card if they detect an anomaly.

It is reported that Art. 5 of Order No. 540/356 on fighting fraud in the ICT domain gives the Agence de Régulation et de Contrôle des Télécommunications (ARCT, Regulatory Agency for Telecommunications) the right to direct any operator to provide the detailed identity of any subscriber. Further, Art. 6 empowers the ARCT to provide a voice server where the operator must divert all phone communications of a user where crime is suspected. The operators must provide a secured web application to the regulator. Art. 9 allows ARCT to request the full identity of an internet subscriber and their IP address, and install IP probes on the technical installations of an ISP. Moreover, Art. 10 obliges operators to comply with any request by the ARCT and its technical partner in order to fight fraud in electronic communications. Failure to cooperate attracts a daily fine of five million Burundian Francs (USD 2,000). The legal text is not available online.