Pursuant to Art. 428 of Law No. 2017-20, where a type of processing, in particular through the use of new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall carry out, prior to the processing, an analysis of the impact of the envisaged processing operations on the protection of personal data. A single analysis may relate to a set of similar processing operations presenting similar high risks.

It is reported that a basic legal framework on intermediary liability for copyright infringement is absent in Benin's law and jurisprudence.

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

Law No. 2009-09 provides a relatively general framework for personal data protection and establishes, among other things, individuals' rights, consent requirements, restrictions on data processing, as well as establishing the Beninese data protection authority as the supervisory authority. This broad approach to data protection was then supplemented by the more detailed Digital Code in 2018. The Digital Code addresses a range of topics across seven books, including, among other things, cybersecurity, e-commerce, electronic advertising, and personal data. The Fifth Book of the Digital Code, on personal data protection, is directly influenced by the EU's General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). It regulates and clarifies several matters, such as joint controllership of data, conditions for consent, data breach notifications, processing for research and other purposes, and impact assessments. The Digital Code is one of the most comprehensive efforts to regulate data protection, and related matters, within the region.

Section 43 of Law No. 2009-09 provides that transfer of personal data to another country or an international organization requires prior authorization from the Regulator.

Art. 391 of Law No. 2017-20 requires that the transfer of personal data to a third State or international organisation may only take place when the Authority finds that the State or international organisation in question ensures a level of protection equivalent to that provided for in the law. Art. 392 provides some exceptions, including the express consent of the data subject and the necessity of the transfer for the execution of the contract.

Art. 48 of the Law 2017-20 on digital code states that the licences can be delivered to companies established in Benin or to non-national operators only if the reciprocity provision applicable to electronic communication exists between Benin and the origin country of the company.

Benin has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

The Post and Electronic Communications Regulatory Authority (ARCEP) is the Authority in charge of regulating the electronic communications and postal services. The Regulatory Authority is an independent administrative structure with legal personality and financial and management autonomy. It carries out its missions in an independent, impartial, fair and transparent manner (Art.113 of the law n°2017-20 of digital code). Although the members and Head are appointed by the Government, ARCEP BENIN is a separate ICT regulator and The quality of a member of the Regulatory Council is incompatible with the quality of member of the government, any elective mandate and any personal interest related to the sector of the electronic communications and the post with the exception of the activities of teaching and/or research, as well as with the functions of the Executive Secretary of the ARCEP BENIN

According to Art.1 of Decree No. 2018 - 552 of 12 December 2018 approving the bylaws of the Société Béninoise d'infrastructures Numériques "SBIN S.A", the State is the sole shareholder of the telecommunications company SBIN S.A. Thus, the government owns 100% of the shares of SBIN.

It is reported that Benin mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.

Benin does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to trade secrets. The country has established 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 Benin since 2002. In addition, Benin has ratified the Protocol amending the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) adopted by the General Council of the WTO in December 2005 (Art. 1 of the Decree No. 2015-678). Thus, it applies the provisions of TRIPS regarding trade secrets. Furthermore, as member of the World Intellectual Property Organisation (WIPO), Benin complies with all treaties and/or Conventions particularly the Paris Convention which deals with trade secrets among others.

According to Art. 72 of Law No. 2017-20 of April 20, 2018, on the digital code in the Republic of Benin, the Regulatory Authority shall encourage sharing active and passive infrastructures and access to alternative infrastructures under equity, non-discrimination, and equal access conditions. However, The Authority can make infrastructure sharing mandatory in specific cases such as i) promotion of competition objectives, ii) territorial planning, or iii) protection of the environment or heritage.

Benin has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Benin has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.