CONGO
Since November 2009
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Law No. 9-2009 of 25 November 2009 on Electronic Communication Sector (Loi No. 9-2009 du 25 Novembre 2009 Portant Réglementation du Secteur des Communications Électroniques)
Art. 145 of the Law on Electronic Communication mandates the persons or suppliers of cryptology services to disclose the technical characteristics of the source code of the software to be used by the National Agency for Information Systems Security (ANSSI).
Coverage Cryptology service
CONGO
Since October 2019
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law No. 29-2019 on the Protection of Personal Data (Loi No. 29-2019 portant protection des données à caractère personnel)
Law No. 29-2019 states that the transfer of data abroad is possible if:
- the third country ensures a sufficient level of protection of privacy, fundamental rights and freedoms of people (Art. 23),
- the person to whom the data relates has agreed to their transfer;
- the transfer is necessary to protect that person's life, to safeguard the public interest and to execute the contract between the interested party and the data manager (Art. 24).
- the third country ensures a sufficient level of protection of privacy, fundamental rights and freedoms of people (Art. 23),
- the person to whom the data relates has agreed to their transfer;
- the transfer is necessary to protect that person's life, to safeguard the public interest and to execute the contract between the interested party and the data manager (Art. 24).
Coverage Horizontal
CONGO
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 Republic of Congo has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
CONGO
Since October 2019
Pillar Domestic data policies |
Indicator Framework for data protection
Law No. 29-2019 on the Protection of Personal Data (Loi No. 29-2019 portant protection des données à caractère personnel)
Law 29-2019 provides a comprehensive data protection regime in the Republic of the Congo. The Law provides that a Commission responsible for protecting personal data will be established through legislation in Congo. Personal data in the country is also regulated by the Cybersecurity Act of 2020.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240729040929/https://economie.gouv.cg/sites/default/files/Documentation/Lois/2019/L%20n%C2%B029-2019%20du%2010%20octobre%202019.pdf
- https://web.archive.org/web/20211019002205/https://economie.gouv.cg/sites/default/files/L%20n%C2%B026-2020%20du%205%20juin%202020.pdf
- https://web.archive.org/web/20240924160623/https://www.dataguidance.com/jurisdiction/congo
- Show more...
CONGO
Since October 2019
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 29-2019 on the Protection of Personal Data (Loi No. 29-2019 portant protection des données à caractère personnel)
Art. 83 of Law 29-2019 stipulates the mandatory appointment of a data protection officer (DPO) under the following circumstances: when data processing is conducted by a public entity; when the nature, purpose, or characteristics of the data processing necessitate regular and systematic monitoring; or when the data processing involves large-scale processing of sensitive data.
Coverage Horizontal
CONGO
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 Congo's law and jurisprudence. However, some regulations, such as Law No. 9-2009 on the Electronic Communication sector and Law No. 29-2019 on the Protection of Personal, are relevant to the subject.
Coverage Internet intermediaries
CONGO
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 Congo's law and jurisprudence. However, some regulations, such as Law No. 9-2009 on the Electronic Communication sector and Law No. 29-2019 on the Protection of Personal, are relevant to the subject.
Coverage Internet intermediaries
CONGO
Since November 2009
Since November 2018
Since November 2018
Pillar Intermediary liability |
Indicator User identity requirement
Law No. 9-2009 of 25 November 2009 on Electronic Communication Sector (Loi No. 9-2009 du 25 Novembre 2009 Portant Réglementation du Secteur des Communications Électroniques)
Decree No. 12,524 of 14 November 2018 Granting a License to Establish and Operate a 4th Generation Mobile Network Open to the Public to the Company Airtel Congo S.A.
Decree No. 12,524 of 14 November 2018 Granting a License to Establish and Operate a 4th Generation Mobile Network Open to the Public to the Company Airtel Congo S.A.
Art. 130 of the Electronic Communication Sector Law requires user identification for telecommunications service providers. This is to record and maintain personal information on mobile telecommunication subscribers. Decree No. 12524 clarifies that both the national identity card and the full address are required for identification.
Coverage Telecommunications services providers
CONGO
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 Congo for the year 2024. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
CONGO
Reported in 2021, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in customs procedures
There is reportedly arbitrary, irregular or uneven application of customs regulations at the border. In addition, a lack of understanding of the proper application and enforcement of customs regulations by government inspectors can contribute to difficulties for trading partners and investors.
Coverage Horizontal
CONGO
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Despite many private companies operating in the electronic communications market, the fully state-owned company CONGO TELECOM holds the monopoly for the fixed telephone.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20241008215416/https://www.finances.gouv.cg/sites/default/files/documents/L%20n%C2%AF14-97%20du%2026%20mai%201997.pdf
- https://web.archive.org/web/20220225210248/https://www.sgg.cg/JO/2009/congo-jo-2009-49.pdf
- https://web.archive.org/web/20230325121713/https://www.arpce.cg/upload/publications/Grand%20ActuR-%20Aout%202021(P).pdf
- Show more...
CONGO
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that The Republic of Congo has established both functional and accounting separation by law for the operator with significant market power.
Coverage Telecommunications sector
CONGO
Since December 2009
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Law No. 9-2009 of 25 November 2009 on Electronic Communication Sector (Loi No. 9-2009 du 25 Novembre 2009 Portant Réglementation du Secteur des Communications Électroniques)
According to the Electronic Communication Law (Art. 6), electronic communications activities are exercised freely in Congo. There are no discriminatory conditions for foreign companies. However, the supply of electronic communications networks and services is conditional on obtaining, depending on the case of a licence, authorisation, agreement, declaration, or experimentation.
It is reported that in the Republic of Congo, different minimum capital requirements are established to obtain different types of licenses:
- 10.000.000.000 F.CFA for 3G and 4G (approx. USD 15,196,000);
- 11.000.000.000 F.CFA for 2G (approx. USD 16,716,000).
It is reported that in the Republic of Congo, different minimum capital requirements are established to obtain different types of licenses:
- 10.000.000.000 F.CFA for 3G and 4G (approx. USD 15,196,000);
- 11.000.000.000 F.CFA for 2G (approx. USD 16,716,000).
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220225210248/https://www.sgg.cg/JO/2009/congo-jo-2009-49.pdf
- https://web.archive.org/web/20241008215416/https://www.finances.gouv.cg/sites/default/files/documents/L%20n%C2%AF14-97%20du%2026%20mai%201997.pdf
- https://www.arpce.cg/droits-taxes-redevances-internet
- https://datahub.itu.int/data/?i=100051&s=12581
- Show more...
CONGO
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
The Republic of Congo has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
CONGO
N/A
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Residency requirement
It is reported that Congolese law requires foreign companies to hire a general manager who is a resident of the Republic of Congo. Establishing an office usually requires a local lawyer or a local representative of an international law firm to make sure that the company’s bylaws respect the Congolese standard business code.
Coverage Horizontal
