Database

Browse Database

CAMBODIA

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (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)
Cambodia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

CAMBODIA

Since May 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law on Public Procurement (ច្បាប់ស្ដីពី លទ្ធកម្មសាធារណ)
In accordance with Art. 12 of the Law on Public Procurement, international competitive bidding is employed for procurement activities of substantial value and high technical complexity. Conversely, domestic competitive bidding is utilised when adequate domestic products or production or construction capabilities are available. This 2023 legislation supersedes the previous Law of the same name enacted in January 2012, which contained a similar provision in its Art 11. According to Art. 11 of the Law of 2023, the conditions, thresholds, and procedure for implementing each procurement method shall be determined by a Prakas of the Minister of the Ministry of Economy and Finance. However, the implementing regulation could not be found online. In addition, pursuant to Chapter 6 (Qualifications of bidders) of the Law on Public Procurement, the Ministry of Economic and Finance (MEF) requires all companies, contractors, and consultants that want to join any bidding for public procurement shall register with MEF and go through a screening process.
Coverage Horizontal

CAMBODIA

Reported in 2017, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that government procurement is often not transparent and that the Cambodian Government frequently provides short response times to public announcements of tenders, which are posted on the Ministry of Economic and Finance (MEF)'s website. Moreover, different prequalification procedures exist at the provincial level, making some bids particularly complex for prospective contractors. It is also reported that irregularities in the government procurement process are common despite a strict legal requirement for audits and inspections and that, despite allegations of malfeasance at a number of ministries, the Cambodian Government has taken little action to investigate irregularities.
Coverage Horizontal

BENIN

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Benin 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

BENIN

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Benin 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

BENIN

N/A

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Benin does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, an informal threshold of 100 USD is reportedly applied.
Coverage Horizontal

BENIN

Since October 2007
Since April 2018, last amended in December 2020

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 2007-21 of 16 October 2007 on Consumer Protection in the Republic of Benin (Loi No. 2007-21 du 16 octobre 2007 portant protection du consommateur en République du Bénin)

Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin (Loi No. 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin)
Law No. 2007-21 on consumer protection in the Republic of Benin and Law No. 2017-20 on the Digital Code in the Republic of Benin provide a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal

BENIN

Since November 2019, entry into force in June 2020

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Benin has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

BENIN

Since April 2018, last amended in December 2020

Pillar Domestic data policies  |  Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin (Loi No. 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin)
Pursuant to Art. 428 of Law No. 2017-20, where a type of processing, in particular through the use of new technologies and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall carry out, prior to the processing, an analysis of the impact of the envisaged processing operations on the protection of personal data, that is a data protection impact assessment (DPIA).
Coverage Horizontal

BENIN

Since April 2018, last amended in December 2020

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin (Loi No. 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin)
Law No. 2017-20 establishes a safe harbour regime for intermediaries for copyright infringements. Chapter II of Title I of Book Six of the Law is concerned with the responsibility of internet operators and establishes the general liability regime and the special liability regimes.
Coverage Internet intermediaries

BENIN

Since April 2018, last amended in December 2020

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin (Loi No. 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin)
Law No. 2017-20 establishes a safe harbour regime for intermediaries beyond copyright infringement. Chapter II of Title I of Book Six of the Law is concerned with the responsibility of internet operators and establishes the general liability regime and the special liability regimes.
Coverage Internet intermediaries

BENIN

Since April 2020

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Decree No. 2020-249 of 22 April 2020 on the Conditions for Identifying Users of Electronic Communications Services (Décret No. 2020-249 du 22 avril 2020 portant conditions d'identification des utilisateurs de services de communications électroniques)
Art. 4 of Decree No. 2020-249 stipulates that no individual may benefit from an electronic communications service unless they have first been identified by the operator in question in accordance with the conditions set forth in this decree. The term "electronic communications services" is defined as encompassing all services that involve the emission, transmission, or reception of signs, signals, writing, images, sounds, or information of any nature or a combination of these functions. The 2020 decree repealed Decree No. 2016-465, which contained a similar requirement in Chapter II.
Coverage Electronic communications services

BENIN

Since April 2020

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Decree No. 2020-249 of 22 April 2020 on the Conditions for Identifying Users of Electronic Communications Services (Décret No. 2020-249 du 22 avril 2020 portant conditions d'identification des utilisateurs de services de communications électroniques)
Arts. 19 and 20 of Decree No. 2020-249 stipulate that internet café operators must identify their users and collect the necessary information prior to providing their services. In addition to this information, cybercafé operators must record the identifier of the terminal used for connection and the date and time of the start and end of the connection. The 2020 decree repealed Decree No. 2016-465, which had already required in Art. 20 that operators of cybercafés identify their customers in advance.
Coverage Internet café operators

BENIN

N/A

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Lack of self-declaration of conformity (SDoC)
It is reported that type approval procedures in Benin are regulated by the Autorité Régulation des Communications Electroniques et de la Poste (ARCEP). The homologation process in Benin does not require local laboratory testing or contact with local representatives. However, a product sample can be requested from the authority for viewing.
Coverage Horizontal

BENIN

Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organisation Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)

Regulations on the profession of Authorised Agent before the African Intellectual Property Organization (Règlement sur la profession de Mandataire agréé auprès de l'organisation Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Benin, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.
Coverage Horizontal

Report issue     Report new measure