Database

Browse Database

GAMBIA

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)
Gambia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

GABON

Since January 2016

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Order No. 053/MMI/MDDEPIP of 25 January 2016 Setting the Entry into Force of Controls Relating to the Assessment of Conformity with the Standards of Imported Products (Arrêté No. 053/MMI/MDDEPIP du 25 Janvier 2016 Fixant l’Entrée en Vigueur des Contrôles Portant sur l’Évaluation de Conformité aux Normes des Produits Importés)
According to Art. 4 of the Order No. 053/MMI/MDDEPIP of January 25, 2016, setting the entry into force of the controls relating to the assessment of conformity with the standards of imported products, ICT products are part of the goods which are subject to the pre-shipment conformity assessment (HS2012: Chapters 84; 85; 90 and 95). A third-party certificate is accepted to request a certificate of conformity.
According to Art. 7, imports from countries whose agencies in charge of standardisation have a mutual recognition agreement with the Gabonese Standardisation Agency (AGANOR) are technically exempt and benefit from a simplified procedure. It is reported that the homologation process in Gabon does not require local laboratory testing or contact with local representatives.
Coverage ICT goods

GABON

Since February 2018
Since February 2018

Pillar Technical standards applied to ICT goods and online services  |  Indicator Restrictions on encryption standards
Ordinance No. 00000015/PR/2018 of 23 February 2018 Regulating Cybersecurity and the Fight Against Cybercrime in the Gabonese Republic (Ordonnance No. 00000015/PR/2018 du 23 Février 2018 Portant Réglementation de la Cybersécurité et de la Lutte Contre la Cybercriminalité en République Gabonaise)

Ordinance No. 00000014/PR/2018 of 23 February 2018 Regulating Electronic Transactions in the Gabonese Republic (Ordonnance No. 00000014/PR/2018 du 23 Février 2018 Portant Réglementation des Transactions Électroniques en République Gabonaise)
According to Art. 30 of Ordinance No. 00000015/PR/2018 of 23 February 2018 regulating cybersecurity and the fight against cybercrime in the Gabonese Republic, the service provider or the person providing or importing a cryptology service has to make it available to the competent cryptology authority a description of the technical characteristics of this means of cryptology, as well as the source code of the software used.
However, according to Art. 85, Ordinance No. 00000014/PR/2018 of 23 February 2018 regulating electronic transactions in the Gabonese Republic, the competent authority does not deviate from international technical standards. It is published in the Official Journal or any other legal announcement medium, and the list of international technical standards on the means and services of cryptology is recognised in Gabon.
Coverage Cryptology services

GABON

Since December 2018, enter into force in March 2019
Since June 2019

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Regulation No. 02/18/CEMAC/UMAC/CM of 21 December 2018 on Foreign Exchange Regulations in CEMAC (Règlement No. 02/18/CEMAC/UMAC/CM du 21 Décembre 2018 Portant Réglementation des Changes dans la CEMAC)

Instruction No. 8/GR/2019 on the Conditions and Modalities for the Use of Electronic Payment Instruments Outside CEMAC (Instruction No. 008/GR/2019 Relative aux Conditions et Modalités d'Utilisation à l'Extérieur de la CEMAC des Instruments de Paiement Électronique)
According to the Instruction No. 8/GR/2019 issued by the Governor of the Bank of Central African States to facilitate the interpretation and implementation of the Economic and Monetary Community of Central Africa (CEMAC) Regulation 02/18/CEMAC/UMAC/CM, there is a limit of 1 million XAF (approx. USD 1,700) per month and per person for the remote settlement of transactions, including online payments. According to Arts. 7-8, justification needs to be provided above this limit. The Instruction provides guidance on the provision of Art. 34 of the Regulation, which implements certain limits for using electronic payment instruments outside the CEMAC and applies to the six CEMAC member states, including Gabon.
Coverage Electronic payment instruments

GABON

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 80, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

GABON

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
Gabon does not have a legal framework that applies consumer protection to online transactions.
Coverage Horizontal

GABON

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Gabon has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

GABON

N/A

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

GABON

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Gabon 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

GABON

Since September 2011, last amended in July 2023

Pillar Domestic data policies  |  Indicator Framework for data protection
Law No. 025/2023 of 09/07/2023 Amending Law No. 001/2011 of 25 September 2011, on the Protection of Personal Data (Loi N° 025/2023 du 09/07/2023 portant modification de la loi N° 001/2011 du 25 septembre 2011 relative à la protection des données à caractère personnel)
"Law No. 025/2023 of 9 July 2023, amending Law No. 001/2011 of 25 September 2011 on the Protection of Personal Data", provides a comprehensive data protection regime in Gabon. It includes provisions on data subject rights, the obligations of data controllers and processors, and principles of data processing. Gabon first adopted an overarching data protection law in 2011 through Law No. 001/2011, which granted rights of access, objection to processing, rectification, and erasure, and established the national data protection authority with powers to issue warnings, impose three-month activity bans, and levy fines. Privacy and data protection are also addressed under Law No. 26/2018 on the Regulation of Electronic Communications in Gabon.
Coverage Horizontal

GABON

Since February 2018
Since December 2008

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Ordinance No. 00000015/PR/2018 of 23 February 2018 Regulating Cybersecurity and the Fight Against Cybercrime in the Gabonese Republic (Ordonnance No. 00000015/PR/2018 du 23 Février 2018 Portant Réglementation de la Cybersécurité et de la Lutte Contre la Cybercriminalité en République Gabonaise)

Regulation No. 07/08-UEAC-133-CM-18 of 19 December 2008 Establishing the Legal Framework for the Protection of the Rights of Users of Networks and Electronic Communications Services within CEMAC
Art. 12 of the Ordinance regulating Cybersecurity and the Fight Against Cybercrime requires network operators and electronic communication service providers to keep the connection and traffic data in their facilities for a period of ten years. The same requirement applies to information systems operators as per Art. 16. This is despite the sub-regional legislation of CEMAC to which Gabon belongs, which provides for a maximum period of two years during which the States can allow operators to keep traffic data for security reasons.
Coverage Electronic communication network operators and information systems operators

GABON

Since July 2023

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 025/2023 of 09/07/2023 Amending Law No. 001/2011 of 25 September 2011, on the Protection of Personal Data (Loi N° 025/2023 du 09/07/2023 portant modification de la loi N° 001/2011 du 25 septembre 2011 relative à la protection des données à caractère personnel)
Art. 125 of Law No. 025/2023 specifies the circumstances in which the appointment of a data protection officer (DPO) is mandatory: when processing is undertaken by a public authority or body, except for courts acting in a judicial capacity; when the core activities of the controller or processor involve processing operations that, by their nature, scope, or purpose, necessitate regular and systematic large-scale monitoring of data subjects; and when such activities entail large-scale processing of sensitive data or data relating to criminal convictions. Pursuant to Art. 138, the DPO is tasked with ensuring compliance with the law across all processing activities of the appointing entity. In this role, the DPO must inform and advise the controller or processor and relevant staff of their legal obligations; monitor adherence to the law and internal data protection policies, including responsibility allocation, staff awareness, training, and audits; provide opinions on data protection impact assessments and verify their implementation; and cooperate with the APDPVP, including during prior consultations, while offering advice on any related matters as appropriate.
Coverage Horizontal

GABON

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 Gabon's law and jurisprudence.
Coverage Internet intermediaries

GABON

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 Gabon's law and jurisprudence.
Coverage Internet intermediaries

GABON

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Indicator User identity requirement
Mandatory SIM card registration
It is reported that Gabon 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

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