Database

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MAURITANIA

Reported in 2021

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Mauritania 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

MAURITANIA

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 Mauritania's law and jurisprudence.
Coverage Internet intermediaries

MAURITANIA

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Mauritania has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

MAURITANIA

Since November 2017

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Law No. 2017-020 on the protection of personal data (Loi No. 2017-020 sur la protection des données à caractère personnel)
The 2017-020 data protection law in Mauritania provides a legal framework for all matters around data protection. Arts. 5-11 frame compilation, treatment and usage of personal data in Mauritania.
Coverage Horizontal

MAURITANIA

Since November 2017

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 2017-020 on the protection of personal data (Loi No. 2017-020 sur la protection des données à caractère personnel)
Law No. 2017-020 provides that the controller may transfer personal data to a third country only if that country ensures an adequate level of protection (Art. 20). The Personal Data Protection Authority shall publish and maintain a list of states that it considers to provide an adequate level of protection (Art. 21). If the country is not included in the list of adequate countries, the controller must first inform the Authority. Moreover, Art. 24 specifies that the data controller may transfer personal data to a third country that does not meet the requirements of Art. 21, if the transfer is one-off, not massive and the person to whom the data relates has expressly consented to its transfer, or if the transfer is necessary for any of the following purposes:
- to safeguard the life of that person.
- to protect the public interest.
- to comply with obligations to establish, exercise or defend a legal claim.
- the performance of a contract between the controller and the data subject.
Lastly, the Authority may authorize, on the basis of a duly motivated request, a transfer or a set of transfers of data to a third country that does not ensure an adequate level of protection, when the data controller offers sufficient guarantees with regard to the provisions of this law, including through contractual clauses (Art. 25).
Coverage Horizontal

MAURITANIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Mauritania has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

MAURITANIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Regulation Authority, 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

MAURITANIA

Since December 1999

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Law No. 99-019 on telecommunications (Loi No. 99-019 portant sur les telecommunications)
A dominant operator in the telecommunication market in Mauritania is required to have both accounting and functional separation. Art. 73 of the Telecommunication Law states that the dominant operator and its subsidiaries have to practice financial and operational separation.
Coverage Telecommunications sector

MAURITANIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom companies
The government of Mauritania owns equity interests in two major telecommunications companies in the country. Mauritel is a mobile and fixed telecommunications company that provides mobile telephony, internet, and business communications services in Mauritania. It is reported that the government of Mauritania owns 46% of the company's shares.
Chinguitel is a mobile and fixed telecommunications company that provides mobile telephony, internet, and business communications services in Mauritania. It is reported that some share in Chinguitel are owned by the government of Mauritania, however no official document has been found to confirm this.
Coverage Telecommunications sector

MAURITANIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Mauritania to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

MAURITANIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Mauritania does not have comprehensive trade secret legislation. Yet, there are 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 Mauritania since 2002. In addition, Art. 388 of Ordinance No. 83-162 of 9 July 1983, on the Establishment of the Criminal Code (Ordonnance No. 83-162 du 09 juillet 1983 portant institution d'un Code pénal) punishes cases whereby trade secrets are revealed.
Coverage Horizontal

MAURITANIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Mauritania has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

MAURITANIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Mauritania has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

MAURITANIA

Reported in 2018 and 2019

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
IPR infringement and weak implementation of the legislation are reported in relation to trademarks, copyright and related rights, affecting books, video and audio cassettes, and mobile phones. Mauritania joined the World Intellectual Property Organization (WIPO) in 1976, and ratified the Bangui Agreement of 1977 relating to the creation of an African Intellectual Property Organization. However, it was reported in 2019 that there is no application of these texts.
Coverage Horizontal

MAURITANIA

Since April 1983

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Mauritania is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

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