ETHIOPIA
Reported in 2022, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Complaints on the logistics system
Ethiopia is reported to experience regular logistical delays due in part to inefficiencies in the customs process, which significantly affect the import process. In addition, monopolistic conditions in the multimodal transport market and insufficient infrastructure make it difficult for private-sector logistics companies to operate. Logistics costs usually represent between 22% and 27% of the final cost of the product, and transport and freight costs are 60% higher than in neighbouring countries. Customs administrative difficulties are compounded by the fact that Ethiopia is landlocked, and more than 90% of its foreign trade depends on a single port in Djibouti, which suffers from inadequate infrastructure and inefficient customs procedures.
Coverage Horizontal
ETHIOPIA
Since August 2019
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Communications Service Proclamation No. 1148/2019 (አዋጅ ቁጥር ፩ሺ፩፻፵፰/፪ሺ፲፩ ዓ.ም የኮሙኒኬሽን አገልግሎት አዋጅ)
The legal framework on standards does not allow for self-certification for radio transmission, electromagnetic interference (EMI) or electromagnetic compatibility (EMC) through a Supplier Declaration of Conformity (SDoC) for both domestic and foreign business. However, Article 23.5 of the Communications Proclamation No. 1148/2019 states that the Authority may conduct a stakeholder consultation to permit the importation and use of radiocommunication and telecommunications equipment that has been approved by internationally recognised testing bodies that the Authority may designate by a Directive.
Coverage Radiocommunications and telecommunications equipment
Sources
- https://web.archive.org/web/20211127061916/https://eca.et/2019/10/01/communications-service-proclamation/
- https://chilot.me/wp-content/uploads/2021/03/Communications-Service-Proclamation-No.-1148.pdf
- https://web.archive.org/web/20221205012200/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
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ETHIOPIA
Since June 2020
Pillar Online sales and transactions |
Indicator Licensing scheme for e-commerce providers
Electronic Transaction Proclamation No. 1205/2020 (የኤሌክትሮኒክ ትራንዛክሽንን ለመደንገግ የወጣ አዋጅ ቁጥር ፩ሺ፪፻፭/፪ሺ፲፪)
According to Art. 41 of the Electronic Transaction Proclamation, e-commerce operators are regarded as one form of commercial entity. Hence, the laws that regulate other commercial activities apply, including the Commercial Code, which requires a licence to operate.
Coverage Horizontal
ETHIOPIA
Since August 2019
Since July 2021
Since July 2021
Pillar Intermediary liability |
Indicator User identity requirement
Communication Services Proclamation No. 1148/2019
Directive No. 799/2021 on the registration of SIM cards
Directive No. 799/2021 on the registration of SIM cards
Art. 51 of the Communication Services Proclamation orders telecommunications operators to register all SIM cards and to establish a National Subscriber Registry containing subscriber information, as the Authority may request them for different purposes, including national security.
According to Art. 7 of Directive No. 799/2021 on SIM card registration, all new SIM card users must be identified and registered in the official database of their telecommunications provider. Users are required to provide their full name, driver's license or passport, nationality, date of birth, gender, physical address, postal address, a recent photograph, and any available biometric data. Additionally, an identification card of the person procuring the service must be submitted.
According to Art. 7 of Directive No. 799/2021 on SIM card registration, all new SIM card users must be identified and registered in the official database of their telecommunications provider. Users are required to provide their full name, driver's license or passport, nationality, date of birth, gender, physical address, postal address, a recent photograph, and any available biometric data. Additionally, an identification card of the person procuring the service must be submitted.
Coverage Telecommunications sector
Sources
- https://clfr.globalnetworkinitiative.org/country/ethiopia/
- https://web.archive.org/web/20241205180938/https://chilot.wordpress.com/wp-content/uploads/2023/02/1d225-communications-service-proclamation-no.-1148.pdf
- https://web.archive.org/web/20221226032020/https://chilot.me/2021/07/21/sim-card-registration-directive/
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ETHIOPIA
Since August 2021
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Telecommunications Consumer Rights and Protection Directive No. 832/2021
Section 16.6 of Directive No. 832/2021 mandates that the processing of consumers' personal data in the realm of telecommunications services must be confined to servers or data centres located within Ethiopia.
Coverage Telecommunications sector
ETHIOPIA
Since July 2024
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Personal Data Protection Proclamation No. 1321/2024
Art. 22 of the "Personal Data Protection Proclamation No. 1321/2024" establishes a strict data localisation requirement, mandating that all personal data collected or obtained in Ethiopia must be stored on servers or data centres located within the country. Moreover, the law states that the Ethiopian Communications Authority is empowered to designate certain categories of personal data as critical, which must be processed exclusively within Ethiopia. In addition, any cross-border transfer of sensitive personal data requires prior authorisation from the Authority. Complementing this, Arts. 18 to 21 regulate international data transfers more broadly. Art. 18 permits transfers only if the receiving jurisdiction ensures an appropriate level of protection. Art. 19 outlines the criteria for assessing adequacy, including the nature of the data, the purpose and duration of processing, the legal framework of the destination country, and its professional and security standards. If adequate protection is lacking, the Authority may still authorise limited transfers under Art. 19.3, provided the data subject’s rights are not compromised. Art. 20 allows transfers based on explicit informed consent, contractual necessity, legal obligations, or public register disclosures. Art. 21 empowers the Authority to demand evidence of effective safeguards and to prohibit or suspend transfers if data subjects’ rights and freedoms are at risk.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250710202024/https://eca.et/wp-content/uploads/2024/10/personal_data_protection_proclamation_No_1321_2024.pdf
- https://web.archive.org/web/20250710202223/https://digitalpolicyalert.org/event/24922-implemented-personal-data-protection-proclamation-proclamation-no-13212024-including-data-localisation-requirement...
- https://www.dataguidance.com/notes/ethiopia-data-protection-overview
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ETHIOPIA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Ethiopia has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
ETHIOPIA
Since July 2024
Pillar Domestic data policies |
Indicator Framework for data protection
Personal Data Protection Proclamation No. 1321/2024
The Personal Data Protection Proclamation No. 1321/2024 establishes a comprehensive framework for data protection in Ethiopia. It sets out the rights of data subjects and principles governing data processing, and it establishes an independent supervisory authority, the Ethiopian Communications Authority. Also, the Proclamation imposes restrictions on data transfers to third-party jurisdictions and introduces requirements to appoint a data protection officer, report data breaches, and conduct a data protection impact assessment (DPIA). In addition, various existing laws and regulations address aspects of data privacy, including the Constitution of the Federal Democratic Republic of Ethiopia (1995), which recognises a right to privacy, legislation regulating the financial sector, and provisions imposing sanctions for breaches of privacy-related obligations. These legal instruments confer powers on several authorities to safeguard privacy, such as the Communication Services Proclamation No. 1072/2018.
Coverage Horizontal
ETHIOPIA
Since July 2016
Pillar Domestic data policies |
Indicator Minimum period for data retention
Computer Crime Proclamation No. 958/2016 (የኮምፒዩተር ወንጀል አዋጅ ቁጥር ፱፻፶፰/፪ሺ፰)
Under Art. 24 of the Computer Crime Proclamation No. 958/2016, all service providers must retain the computer traffic data disseminated through their computer systems or traffic data relating to data processing or communication services for one year. Service provider is defined as a person who provides technical data processing or communication service or alternative infrastructure to users by means of computer system.
Coverage Computer systems and technical data processing and communication service providers
Sources
- https://web.archive.org/web/20241008135044/https://ictpolicyafrica.org/pt/document/2myzh44hf4y
- https://web.archive.org/web/20221029140755/https://chilot.me/wp-content/uploads/2021/07/Draft-Data-Protection-Proclamation.pdf
- https://web.archive.org/web/20241205174107/https://www.dlapiperdataprotection.com/?t=law&c=ET
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ETHIOPIA
Since February 2018
Pillar Domestic data policies |
Indicator Minimum period for data retention
Electronic Signature Proclamation No. 1072/2018
Art. 29 .1 of the Electronic Signature Proclamation No. 1072/2018 requires that any certificate provider for electronic signatures shall keep custody of any information related to certificate issuance, suspension, revocation or related services for two years. Any certificate provider who fails to keep custody of the above information shall be punished with a fine up to 150,000.00 ETB (approx. 2900 USD). Art. 25 (3) states that the certificate provider shall retain a copy of the subscribers’ encryption key at all times. Art. 18 (2) of the same law states that a certificate provider who wishes to terminate its certification service shall transfer its subscriber certificates and related records to another certificate provider or authority. A certificate provider is a business entity that issues digital certificates and provides encryption services and time stamp services.
Coverage Electronic signature providers
ETHIOPIA
Since July 2024
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Personal Data Protection Proclamation No. 1321/2024
Section 40 of the Personal Data Protection Proclamation stipulates that a data controller or processor engaged in the large-scale processing of personal data—particularly sensitive data or information related to public authorities—must designate or appoint a data protection officer. In addition, Section 47 mandates the conduct of data protection impact assessments for processing activities that are likely to significantly affect the rights and freedoms of data subjects. Such activities include automated processing producing legal effects, large-scale processing of sensitive personal data, systematic monitoring of public spaces, or any other processing requiring prior consultation with the supervisory authority.
Coverage Horizontal
ETHIOPIA
Since July 2016
Since June 2020
Since June 2020
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Computer Crime Proclamation No. 958/2016 (የኮምፒዩተር ወንጀል አዋጅ ቁጥር ፱፻፶፰/፪ሺ፰)
Electronic Transaction Proclamation No. 1205/2020 (የኤሌክትሮኒክ ትራንዛክሽንን ለመደንገግ የወጣ አዋጅ ቁጥር ፩ሺ፪፻፭/፪ሺ፲፪)
Electronic Transaction Proclamation No. 1205/2020 (የኤሌክትሮኒክ ትራንዛክሽንን ለመደንገግ የወጣ አዋጅ ቁጥር ፩ሺ፪፻፭/፪ሺ፲፪)
The Computer Crime Proclamation No. 958/2016, and the Electronic Transaction Proclamation 1205/2020 establish a safe harbour regime for intermediaries for copyright infringements. According to Art. 16 of the Computer Crime Proclamation, intermediaries are shielded from liability unless they are directly involved in disseminating or editing criminal content data, or fail to take necessary measures to remove or disable access to illegal content data upon becoming aware of its existence. Additionally, Art. 23 of the Electronic Transaction Proclamation specifies that intermediaries cannot be held liable for transmitted information provided they do not monitor online communication, initiate transmissions, select receivers, or modify transmitted information.
Furthermore, Art. 24 absolves intermediaries from liability for the temporary storage of electronic records if such storage aims to facilitate efficient transmission of electronic messages to recipients who requested them. Moreover, Art. 25 extends protection to hosting service providers, relieving them of liability for damages resulting from stored information if they are unaware of any harm or take immediate action upon becoming aware of it.
Furthermore, Art. 24 absolves intermediaries from liability for the temporary storage of electronic records if such storage aims to facilitate efficient transmission of electronic messages to recipients who requested them. Moreover, Art. 25 extends protection to hosting service providers, relieving them of liability for damages resulting from stored information if they are unaware of any harm or take immediate action upon becoming aware of it.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20210225023208/https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/103967/126636/F1922468791/ETH103967.pdf
- https://web.archive.org/web/20241205180255/https://chilot.wordpress.com/wp-content/uploads/2023/02/90d5d-electronic-transaction-proclamation-no.-1205-2020.pdf
- https://www.hopr.gov.et/web/guest/document-viewer/-/document_library/z6pb55r24sQP/view_file/36223
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ETHIOPIA
Since July 2016
Since June 2020
Since June 2020
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Computer Crime Proclamation No. 958/2016 (የኮምፒዩተር ወንጀል አዋጅ ቁጥር ፱፻፶፰/፪ሺ፰)
Electronic Transaction Proclamation No. 1205/2020 (የኤሌክትሮኒክ ትራንዛክሽንን ለመደንገግ የወጣ አዋጅ ቁጥር ፩ሺ፪፻፭/፪ሺ፲፪)
Electronic Transaction Proclamation No. 1205/2020 (የኤሌክትሮኒክ ትራንዛክሽንን ለመደንገግ የወጣ አዋጅ ቁጥር ፩ሺ፪፻፭/፪ሺ፲፪)
"The Computer Crime Proclamation No. 958/2016, and the Electronic Transaction Proclamation 1205/2020 establish a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 16 of the Computer Crime Proclamation, intermediaries are shielded from liability unless they are directly involved in disseminating or editing criminal content data, or fail to take necessary measures to remove or disable access to illegal content data upon becoming aware of its existence. Additionally, Art. 23 of the Electronic Transaction Proclamation specifies that intermediaries cannot be held liable for transmitted information provided they do not monitor online communication, initiate transmissions, select receivers, or modify transmitted information.
Furthermore, Art. 24 absolves intermediaries from liability for the temporary storage of electronic records if such storage aims to facilitate efficient transmission of electronic messages to recipients who requested them. Moreover, Art. 25 extends protection to hosting service providers, relieving them of liability for damages resulting from stored information if they are unaware of any harm or take immediate action upon becoming aware of it.
Furthermore, Art. 24 absolves intermediaries from liability for the temporary storage of electronic records if such storage aims to facilitate efficient transmission of electronic messages to recipients who requested them. Moreover, Art. 25 extends protection to hosting service providers, relieving them of liability for damages resulting from stored information if they are unaware of any harm or take immediate action upon becoming aware of it.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20210225023208/https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/103967/126636/F1922468791/ETH103967.pdf
- https://web.archive.org/web/20241205180255/https://chilot.wordpress.com/wp-content/uploads/2023/02/90d5d-electronic-transaction-proclamation-no.-1205-2020.pdf
- https://www.hopr.gov.et/web/guest/document-viewer/-/document_library/z6pb55r24sQP/view_file/36223
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ETHIOPIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Ethiopia to deliver telecom services to end users, and it is not practised in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
ETHIOPIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Ethio-Telecom is the incumbent telecom provider and it remained the only provider until recently with the coming into force of the Proclamation No. 1148/2019. The company is fully state-owned.
Coverage Telecommunications sector
