Database

Browse Database

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
DRC has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Reported in 2021, last reported in 2023

Pillar Online sales and transactions  |  Indicator 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 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
DRC does not have a legal framework that applies consumer protection to online transactions.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
The Democratic Republic of Congo has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since March 2023

Pillar Domestic data policies  |  Indicator Framework for data protection
Ordinance-Law No. 23/010 of 13 March 2023 on the Digital Code (Ordonnance Loi N° 23/010 du 13 Mars 2023 Portant Code du Numérique)
The Digital Code establishes a robust and comprehensive legal framework for data protection in the Democratic Republic of the Congo, applying to all entities, whether public or private, domestic or foreign, that process personal data within or directed towards the country. It regulates the full spectrum of data handling activities, including collection, processing, transmission, transfer, storage, and use, while clearly defining the roles and responsibilities of data controllers, processors, and their representatives. In addition, it enshrines the rights of data subjects, such as access, rectification, erasure, and objection to processing, and provides for the establishment of a dedicated data protection authority to ensure compliance and enforcement. Prior to its enactment, the DRC lacked a unified data protection regime, relying instead on limited and fragmented provisions found in sector-specific legislation, notably Law No. 20/017 on Telecommunications and Information and Communication Technologies.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since March 2023

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Ordinance-Law No. 23/010 of 13 March 2023 on the Digital Code (Ordonnance Loi n° 23/010 du 13 Mars 2023 Portant Code du Numérique)
According to Art. 222 of the Digital Code, every data controller is required to appoint a data protection officer (DPO). This obligation applies irrespective of the size of the organisation or whether the processing is occasional or regular. The DPO, who enjoys independence in the exercise of their functions, is responsible for independently ensuring the internal application of the Digital Code’s provisions relating to data protection and for maintaining a register of processing operations carried out by the data controller.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Intermediary liability  |  Indicator 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 DRC's law and jurisprudence.
Coverage Internet intermediaries

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Intermediary liability  |  Indicator 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 DRC's law and jurisprudence.
Coverage Internet intermediaries

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since November 2020, entry into force in September 2021

Pillar Intermediary liability  |  Indicator User identity requirement
Law No. 20/017 on Telecommunications and Information and Communication Technologies (Loi No. 20/017 du 25 novembre 2020 relative aux Télécommunications et aux Technologies de l'Information et de la Communication)
According to Art. 92 of Law No. 20/017 of 25 November 2020 relating to Telecommunications and Information and Communication Technologies, any operator of a telecommunications network open to the public or any provider of telecommunications services Internet access is required to identify its subscribers at the time of subscription to telecommunications services., In addition, Art. 93 strengthens this by indicating that no connection to the network can be granted without prior identification. Moreover, according to Art. 94, the State reserves the right to interrupt any connection of the subscriber who is not or has been misidentified.
Coverage Telecommunication sector

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Reported in 2025

Pillar Content access  |  Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in the DRC for the year 2024. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Reported in 2017

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Discriminatory import licensing schemes
It is reported that any economic operator wishing to engage in commercial activity in the Democratic Republic of the Congo, including foreign trade, must:
- obtain a national identity number (IDNat) from the Ministry responsible for the national economy;
- be registered and enrolled in the Trade and Personal Property Credit Register maintained by the Ministry responsible for justice, as a company or natural person;
- be registered in the index of the National Centre for Statistics and Economic Studies; and
- obtain a unique identifier from the Directorate-General of Taxation.
To carry out import/export operations, the trader must obtain an import/export number from the Ministry responsible for trade, whose relevant services operate outside the Single Window for Business Startups. The import/export number has to be renewed annually. These conditions are the same for DRC nationals and foreigners.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since April 2017

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Ministerial Decree No. 003/CAB/MIN.COM.EXT/2017 of 3 April 2017 Approving the Pre-Shipment Verification Contract for Imports into the Democratic Republic of Congo Between the OCC and Bureau Veritas BIVAC (Décret Ministériel No. 003/CAB/MIN.COM.EXT/2017 du 3 avril 2017 Approuvant le Contrat de Vérification Avant Embarquement des Importations en République Démocratique du Congo Entre l’OCC et Bureau Veritas BIVAC)
A product covered by a certificate of conformity with the standards or technical regulations in force may still be subject to a conformity check when it is imported into the DRC, unless there is either a mutual recognition agreement or an explicit collaboration between the body that carried out the conformity assessment abroad and the Congolese Control Office (OCC). Even in the case of such an agreement or collaboration, the OCC may carry out the check again if it considers that, among other things, risks of deterioration of the product are possible during its transport.
Coverage All products with an FOB value above USD 2,500; Re-imports in the state; Postal parcels without commercial value

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since November 2020, entry into force in September 2021
Since February 1961

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Law No. 20/017 on Telecommunications and Information and Communication Technologies (Loi No. 20/017 du 25 novembre 2020 relative aux Télécommunications et aux Technologies de l'Information et de la Communication)

Decree-Law 1-61 of February 25, 1961 relating to State Security Measures. - Right of Search, Internment and Surveillance (Décret- Loi 1-61 du 25 février 1961 relatif aux mesures de sûreté de l'État. - Droit de perquisition, d'internement et de mise sous surveillance)
According to Art. 22 of Law No. 20/017, any natural or legal person governed by Congolese law may provide telecommunications services, provided they fulfil the following conditions: (i) have a residence, domicile, or registered head office in the Democratic Republic of the Congo; (ii) provide proof of registration in the Trade and Personal Property Credit Register (RCCM); and (iii) demonstrate the technical and financial capacity to operate under the scheme applied for.
Art. 91 of Law No. 20/017, which resembles Art. 50 of the repealed Law No. 013/2002 on Telecommunications states that intermediaries must cooperate with law enforcement authorities in investigations. The refusal to grant the request of the authority may lead to the temporary or definitive withdrawal of the operating license or other penalties. This buttresses Art. 4 of Decree-Law 1-61, which provides that when it is a matter of national security, refusal to cooperate with law enforcement implies complicity and a "presumption of guilt".
Coverage Telecommunications sector

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since November 2020, entry into force in September 2021
Since June 2018

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Law No. 20/017 on Telecommunications and Information and Communication Technologies (Loi No. 20/017 du 25 novembre 2020 relative aux Télécommunications et aux Technologies de l'Information et de la Communication)

Ministerial Order No. 011/CAB/M-CM/LOM/2018 Modifying and Completing Order No. 04/MIP/020/96 of 26 November 1996 on Measures Applicable to Law No. 96-002 of 22 June 1996 Fixing Modalities for the Exercise of Freedom of the Press (Arrêté Ministériel No. 011/CAB/M-CM/LOM/2018 Modifiant et Complétant l’Arrêté No. 04/MIP/020/96 du 26 Novembre 1996 Portant Mesures d’Application de la Loi No. 96-002 du 22 Juin 1996 Fixant les Modalités de l’Exercice de la Liberté de Presse)
With the Law No. 20/017 of 2020, which governs the telecommunications sector, the government is given the power to take over the means of communication in the interest of national security. Art. 125 provides that the State may prohibit the use of telecommunication facilities, in full or in part, for any period of time, as it deems fit, in the interests of public security or national defence, the public telecommunications service, or for any other reason. In June 2018, the Minister of Posts, Telecommunications and Information signed a Ministerial Order strengthening the control of online media (Ministerial Order No 011/CAB/M-CM/LOM/2018).
Coverage Telecommunications sector

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
The Democratic Republic of Congo has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

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