Database

Browse Database

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of binding commitment on data flows
CAR has not signed any agreement with binding commitments on data transfer across-border.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since January 2024

Pillar Domestic data policies  |  Indicator Framework for data protection
Law No. 24.001 of 25 January 2024 on the protection of personal data (Loi No. 24.001 du 25 janvier 2024, portant protection des données à caractère personnel)
Law No. 24.001 establishes a comprehensive legal framework for the protection of personal data in the Central African Republic. In addition to this general regime, sector-specific legislation governs data protection within the telecommunications sector. Notably, Law No. 18.002 of 17 January 2018, which regulates electronic communications, includes explicit provisions concerning the protection of users’ privacy in relation to electronic communication networks and services (Arts. 112–115), as well as the safeguarding of personal data (Arts. 116–126).
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since January 2024

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 24.001 of 25 January 2024 on the protection of personal data (Loi No. 24.001 du 25 janvier 2024, portant protection des données à caractère personnel)
Art. 38 of Law No. 24.001 stipulates that every data controller must designate a data protection officer, tasked with ensuring compliance with the obligations set forth in the Law. Pursuant to Art. 40, only individuals residing within the territory of the Central African Republic who possess the requisite knowledge and qualifications to discharge their functions may be appointed as such officers.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
It is reported that a basic legal framework for intermediary liability for copyright infringement is absent in The Central African Republic's law and jurisprudence.
Coverage Internet intermediaries

CENTRAL AFRICAN REPUBLIC

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
It is reported that a basic legal framework for intermediary liability beyond copyright infringement is absent in The Central African Republic's law and jurisprudence.
Coverage Internet intermediaries

CENTRAL AFRICAN REPUBLIC

Since January 2018

Pillar Intermediary liability  |  Indicator User identity requirement
Law No. 18.002 Governing Electronic Communications in the Central African Republic (Loi No. 18.002 Régissant les Communications Électroniques en République Centrafricaine)
According to Art. 61 of Law No. 18.002, telecom operators must identify all their subscribers. It is reported that there has been an identity requirement for SIM cards since 2014.
Coverage Telecommunications sector

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
The CAR has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive trade secret regime
The Central African Republic does not have a comprehensive framework that provides effective protection of trade secrets, but there are limited measures addressing some related issues. 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 the Central African Republic since 2002.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since February 2019
Since January 2018

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Decree No. 9.042 of 20 February 2019 Defining the Obligations of Sharing Electronic Communications Infrastructure (Décret No. 9.042 du 20 Février 2019 Définissant les Obligations de Partage d'Infrastructure de Communications Électroniques)

Law No. 18.002 Governing Electronic Communications in the Central African Republic (Loi No. 18.002 Régissant les Communications Électroniques en République Centrafricaine)
Arts. 35 and 42 of Law No. 18.002 and Decree No. 9.042 set an obligation for passive infrastructure sharing in the Central African Republic to deliver telecom services to end users.
Coverage Telecommunications sector

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Central Africa Republic is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

CENTRAL AFRICAN REPUBLIC

Reported in 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
High thresholds for competitive bidding
It is reported that the Government is authorised to conduct competitive bidding when the price of the project exceeds 250 million CFA francs (approx. USD 415,160) for services and above 25 Million CFA francs (approx. USD 41,516) for intellectual services.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since June 2008

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 08-017 of 6 June 2008 on the Public Procurement Code in the CAR (Loi No. 08-017 du 6 Juin 2008 Portant sur le Code des Marchés Publics en RCA)
According to Law No. 08-017 on the Public Procurement Code in CAR, when awarding a public contract or a public service delegation, preference may be given to the bid submitted by a company with its head office in the Central African Republic. Firms having their registered office in a CEMAC Member State may benefit from the above-mentioned preference rules. This margin of preference, quantified as a percentage of the amount of the bid, may in no case exceed 15% for national firms and 10% for firms having their headquarters in CEMAC countries (Art. 64).
Moreover, a contract applicant who plans to subcontract at least 30% of the total value of the contract to a company in a CEMAC member state may be granted a margin of preference not exceeding 5%, which may be added to the preference referred to in Art. 64 of this law (Art. 26). This applies to contracts for a local authority or one of its public establishments.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
CAR is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

CENTRAL AFRICAN REPUBLIC

Since July 2001

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 01-010 of 16 July 2001 on the Charter of Investments in the Central African Republic (Loi No. 01-010 du 16 Juillet 2001 Portant Charte des Investissements en République Centrafricaine)
According to the Investment Charter of 2001 in CAR, any natural or legal person, Central African or foreign, regardless of their place of residence, may undertake and freely carry out economic activities in CAR, subject to specific provisions aimed at protecting the environment, health and public hygiene. In this regard, no discrimination can take place between natural or legal persons of Central African nationality and those of foreign nationalities, subject to measures relating to all foreign nationals and the application of the same principle of equal treatment by the State of which the foreign natural or legal person is a national (Art. 9).
Coverage Horizontal

Report issue     Report new measure