LESOTHO
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Bank transaction limits
It is reported that electronic funds transfers are limited to USD 10,000 per transaction for transfers to local bank accounts, while for external bank accounts the limit is USD 50 million.
Coverage Horizontal
LESOTHO
Since September 2020
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Mobile money limits
Lesotho has established several limits on transactions that can be carried out with mobile money. Yet, in September 2020, the Central Bank of Lesotho informed that it had given authorisation to mobile money issuers to increase transaction limits for duly identified and verified mobile money customers. The Bank increased transaction limits to be LSL17,500 (approx. USD 1,100) daily limit and LSL 30,000 (approx. USD 1,900) monthly limit for full KYC clients. For partial KYC clients, the transaction limits are LSL 10,000 (approx. USD 600) daily limit and LSL 20,000 (approx. USD 1,300) monthly limit. Customers are categorized in partial KYC and full KYC depending on the amount of information availed to mobile money service providers.
Coverage Mobile money payments
LESOTHO
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
n/f
LESOTHO
Since December 2021, entry into force in June 2022
Pillar Intermediary liability |
Sub-pillar User identity requirement
Communications (Subscriber Identity Module Registration) Regulations, 2021
According to Regulation 7 of the Communications (Subscriber Identity Module Registration) Regulations of 2021, a licensee (an entity licensed by the Lesotho Communications Authority to provide and facilitate provision of communications services) shall register subscriber information. A licensee shall capture, register and retain the personal information of subscribers who request for registration and the activation of a SIM, in accordance with registration specifications and at no cost to the subscriber.
Coverage Telecommunications sector
Sources
- https://lca.org.ls/wp-content/uploads/filr/3229/SIM%20CARD%20REGISTRATION%20REGULATIONS%202021%20(2).pdf
- https://cipesa.org/2021/08/sim-and-device-registration-could-fundamentally-interfere-with-data-protection-and-privacy-in-lesotho/
- https://freedomhouse.org/article/lesotho-authorities-should-withdraw-communications-regulations
- https://www.gov.ls/sim-registration-resumes-in-june/
- Show more...
LESOTHO
N/A
Pillar Intermediary liability |
Sub-pillar 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 Lesotho's law and jurisprudence.
Coverage Internet intermediaries
LESOTHO
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 Lesotho's law and jurisprudence.
Coverage Internet intermediaries
LESOTHO
Since February 2012
Pillar Domestic data policies |
Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Act No. 5 of 2012 - Data Protection Act of 2012 (Sections 20 and 58)
Section 58 of the Data Protection Act obligates every data controller to appoint one or more Data Protection Officers. Moreover, Section 20 sets out a reciprocal security obligation on both data controllers and their data processors to secure data in their possession or control, 'by adopting appropriate, reasonable, technical and organisational measures to prevent loss, damage, or unauthorised destruction, and unlawful access to, or unauthorised processing of data'.
Coverage Horizontal
LESOTHO
Since February 2012
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Act No. 5 of 2012 - Data Protection Act of 2012
Personal data in Lesotho is regulated under the Data Protection Act of 2012. The Act sets out comprehensive requirements for data protection in Lesotho, including data subject rights, data processing notifications, legal bases for processing, and restrictions on data transfers. The Act sets out breach notification obligations and explicitly defines the right to object to direct marketing.
Coverage Horizontal
LESOTHO
Since February 2012
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Data Protection Act, 2011 - Act No. 5 of 2012
Lesotho's data protection law allows cross-border data transfers, which are regulated as transfer of personal information outside Lesotho under Section 52 of the Data Protection Act of 2012.
The transfer of personal information abroad is permitted when the laws of the destination country are substantially similar to the information protection principles under Data Protection Act of Lesotho, or one of the other conditions are met (e.g., the data subject consents to the transfer or the transfer is necessary for the performance of contract between the data subject and data controller). Private sector safeguards, such as binding corporate rules, may also be put in place.
The transfer of personal information abroad is permitted when the laws of the destination country are substantially similar to the information protection principles under Data Protection Act of Lesotho, or one of the other conditions are met (e.g., the data subject consents to the transfer or the transfer is necessary for the performance of contract between the data subject and data controller). Private sector safeguards, such as binding corporate rules, may also be put in place.
Coverage Horizontal
LESOTHO
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
Lesotho has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
LESOTHO
Since June 2000
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Lesotho Telecommunications Authority Act 2000
According to the Lesotho Telecommunications Act, the Lesotho Communications Authority (LCA)., 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
Source
LESOTHO
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
Lesotho has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
LESOTHO
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Lesotho does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation.
Coverage Telecommunications sector
LESOTHO
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that is no obligation for passive infrastructure sharing in Lesotho to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
LESOTHO
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Lesotho has no rules applicable to the protection of trade secrets.
Coverage Horizontal