MAURITIUS
Since December 2001, last amended in 2021
Since September 2019, entry into force in October 2019
Since September 2019
Since September 2019, entry into force in October 2019
Since September 2019
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Act 44/2001, Information and Communication Technologies Act 2001
Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019
Clearance to Import ICT Equipment Guidelines
Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019
Clearance to Import ICT Equipment Guidelines
Pursuant to Section 17.3 of the Information and Communication Technologies Act 2001 and the Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019, the ICT Authority issued the Clearance to Import ICT Equipment Guidelines, which govern the import of ICT Equipment in Mauritius. ICT equipment belonging to "List B" is subject to a type approval certificate. These include IoT network equipment, satellite equipment, and other telecom equipment.
When applying for type approval, the dealer must specify the type of equipment, make and model of equipment, and operating frequency, and must upload the technical brochure of the equipment and relevant documents certifying that the equipment complies with such standards determined by the Authority, including manufacturer’s Declaration of Conformity, EU-type examination certificate and its annexes as delivered by the Notified Body (an entity designated by the competent authorities of the Member States of the European Union to perform assessment tasks described in the Radio Equipment Directive) involved, and test reports issued by accredited laboratories. The type approval application may then be submitted to the ICT Authority for appropriate onward determination.
When applying for type approval, the dealer must specify the type of equipment, make and model of equipment, and operating frequency, and must upload the technical brochure of the equipment and relevant documents certifying that the equipment complies with such standards determined by the Authority, including manufacturer’s Declaration of Conformity, EU-type examination certificate and its annexes as delivered by the Notified Body (an entity designated by the competent authorities of the Member States of the European Union to perform assessment tasks described in the Radio Equipment Directive) involved, and test reports issued by accredited laboratories. The type approval application may then be submitted to the ICT Authority for appropriate onward determination.
Coverage ICT equipment
Sources
- https://web.archive.org/web/20230514184457/https://www.icta.mu/documents/2022/09/ict_act.pdf
- https://web.archive.org/web/20240714094302/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/IT/W17R28.pdf&Open=True
- https://web.archive.org/web/20211208093255/https://www.icta.mu/documents/2021/08/Clearance_Regulations2019.pdf
- https://web.archive.org/web/20211206014223/https://www.icta.mu/documents/2021/11/Guidelines_clearance.pdf
- https://web.archive.org/web/20231209093444/https://www.icta.mu/categories/
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MAURITIUS
Reported in 2022, last reported in 2024
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 MUR 1000 (approx. USD 20), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). However, this only applies to personal shipments.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231220024306/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
MAURITIUS
Since June 1991
Since December 2001, last amended in 2021
Since August 2001
Since December 2001, last amended in 2021
Since August 2001
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Act 1991
Act 44/2001, Information and Communication Technologies Act 2001
Act 23/2000, Electronic Transactions Act
Act 44/2001, Information and Communication Technologies Act 2001
Act 23/2000, Electronic Transactions Act
The Consumer Protection Act 1991 provides a comprehensive consumer protection framework that applies to online transactions. In addition, Section 18 of the Information and Communication Technologies Act provides that the Authority can entertain complaints from consumers in relation to any information and communication service in Mauritius and, where necessary, refer them to the appropriate authorities. Moreover, the Electronic Transactions Act includes a number of provisions aimed at protecting consumers who enter into electronic contracts (Part IV).
Coverage Horizontal
Sources
- https://web.archive.org/web/20230928012512/https://www.wto.org/english/res_e/booksp_e/07_adtera_chapter_03_e.pdf
- https://web.archive.org/web/20220320200929/https://www.mcci.org/media/165410/the-consumer-protection-act-1991-updated.pdf
- https://web.archive.org/web/20230514184457/https://www.icta.mu/documents/2022/09/ict_act.pdf
- https://web.archive.org/web/20231201031615/https://www.icta.mu/documents/2021/08/eta.pdf
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MAURITIUS
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
Mauritius has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
MAURITIUS
Since 2000
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Mauritius has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
MAURITIUS
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Mauritius 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
MAURITIUS
Since December 2001, last amended in 2021
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Act 44/2001, Information and Communication Technologies Act 2001
Section 25.2 of the Information and Communication Technologies Act allows the Information and Communications Technologies Authority to empower officers to inspect "at all reasonable times" any installation, apparatus or premises relating to a licence without seeking a warrant. The breadth of this power is unclear, given the law’s failure to define “reasonable times”, “inspect”, and what it means for an installation, apparatus or premise to “relate” to a licence. Section 25.3 authorises a similar power but with due process protections, such as requiring a magistrate’s warrant.
Under Section 24.1, a license is granted to a person intending to operate an information and communication network or service. Information and communication technologies are defined as technologies employed in collecting, storing, using or sending out information, including those involving the use of computers or any telecommunication system.
Under Section 24.1, a license is granted to a person intending to operate an information and communication network or service. Information and communication technologies are defined as technologies employed in collecting, storing, using or sending out information, including those involving the use of computers or any telecommunication system.
Coverage Information and communication network and service operators
Sources
- https://web.archive.org/web/20230514184457/https://www.icta.mu/documents/2022/09/ict_act.pdf
- https://web.archive.org/web/20240328184450/https://www.law-democracy.org/live/wp-content/uploads/2021/05/Mauritius.ICT-Act.Note_.May21.pdf
- https://web.archive.org/web/20231001223116/https://www.techagainstterrorism.org/2021/11/23/the-online-regulation-series-mauritius/
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MAURITIUS
Since December 2017
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Act No. 20 of 2017, Data Protection Act
Section 7 of the Data Protection Act states that subject to Section 26 of the Bank of Mauritius Act, Section 64 of the Banking Act, Section 83 of the Financial Services Act, Section 30 of the Financial Intelligence and Anti-Money Laundering Act and Section 81 of the Prevention of Corruption Act, the Commissioner may, by written notice served on a person, request from that person such information as is necessary or expedient for the discharge of its functions and the exercise of its powers under this Act.
Where the information requested by the Commissioner is stored in a computer, disc or cassette, or on microfilm, or preserved by any mechanical or electronic device, the person named in the notice shall produce or give access to the information in a form in which it can be taken away and in which it is visible and legible. It is not stated that a court order is needed to access the data.
Where the information requested by the Commissioner is stored in a computer, disc or cassette, or on microfilm, or preserved by any mechanical or electronic device, the person named in the notice shall produce or give access to the information in a form in which it can be taken away and in which it is visible and legible. It is not stated that a court order is needed to access the data.
Coverage Horizontal
MAURITIUS
Since November 2021
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Cybersecurity and Cybercrime Act 2021
Under Section 26 of the Cybersecurity and Cybercrime Act, an investigatory authority can serve a notice on a person who is in possession or control of traffic data for the expedited preservation or disclosure of the traffic data without a warrant. The Act defines an investigatory authority as the police or any other body lawfully empowered to investigate any offence. Traffic data is defined as any computer data relating to a communication by means of a computer system, generated by a computer system that forms a part of the chain of communication, indicating the communication’s origin, destination, route, time, date, size, duration, or type of underlying service.
Coverage Horizontal
MAURITIUS
Since August 2001
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Act 23/2000, Electronic Transactions Act
The Electronic Transactions Act 2000 establishes a safe harbour regime for intermediaries for copyright infringements. In accordance with Art. 9 of the Act, a network service provider shall not be subject to any civil or criminal liability in respect of third-party material in the form of an electronic record to which it merely provides access, where such liability is limited to the creation, publication, dissemination or distribution of such material or any statement made in such material; or the infringement of any rights subsisting in relation to such material. Under the Act, "providing access" in relation to third-party material means providing the necessary technical means by which the third-party material can be accessed.
Coverage Internet intermediaries
MAURITIUS
Since August 2001
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Act 23/2000, Electronic Transactions Act
The Electronic Transactions Act 2000 establishes a safe harbour regime for intermediaries beyond copyright infringements. In accordance with Art. 9 of the Act, a network service provider shall not be subject to any civil or criminal liability in respect of third-party material in the form of an electronic record to which it merely provides access, where such liability is limited to the creation, publication, dissemination or distribution of such material or any statement made in such material; or the infringement of any rights subsisting in relation to such material. Under the Act, "providing access" in relation to third-party material means providing the necessary technical means by which the third-party material can be accessed.
Coverage Internet intermediaries
MAURITIUS
Since December 2021, last amended in April 2022
Pillar Intermediary liability |
Indicator User identity requirement
Information and Communication Technologies (Registration of SIM) Regulations 2021
Under Regulation 5 of the Information and Communication Technologies (Registration of SIM) Regulations, persons and organisations must provide information and documents to an operator or authorised agent if wishing to purchase a SIM or machine-to-machine (M2M) SIM. User identity requirements are as follows:
- Citizens must make an application in the form set out in the First Schedule, which needs to be accompanied by a copy of the National Identity Card or a copy of the personal details of the passport and a recent copy of a utility bill or any other proof of address.
- Non-citizen residents: must make an application in the form set out in the First Schedule, which needs to be accompanied by a copy of the personal details of the passport, the Unique Identification number, a copy of the residence permit or occupation permit, as the case may be, and a recent copy of a utility bill or any other proof of address.
- Tourists: must make an application for a SIM, other than for an M2M SIM, in the form set out in the First Schedule, which needs to be accompanied by a copy of the personal details of the passport, a copy of the visa appearing on the passport, and a copy of the proof of address in Mauritius.
- Public bodies, corporate bodies, companies, Diplomatic Missions or any other organisations: a person duly authorised by that organisation must make an application in the form set out in the Third Schedule, which needs to be accompanied by a letter from that organisation authorising the person to act on its behalf, a copy of the National Identity Card or a copy of the personal details of the passport, a recent copy of the utility bill of that organisation, if applicable, or any other proof of address, and a copy of the Business Registration Card of the organisation, if applicable.
- Citizens must make an application in the form set out in the First Schedule, which needs to be accompanied by a copy of the National Identity Card or a copy of the personal details of the passport and a recent copy of a utility bill or any other proof of address.
- Non-citizen residents: must make an application in the form set out in the First Schedule, which needs to be accompanied by a copy of the personal details of the passport, the Unique Identification number, a copy of the residence permit or occupation permit, as the case may be, and a recent copy of a utility bill or any other proof of address.
- Tourists: must make an application for a SIM, other than for an M2M SIM, in the form set out in the First Schedule, which needs to be accompanied by a copy of the personal details of the passport, a copy of the visa appearing on the passport, and a copy of the proof of address in Mauritius.
- Public bodies, corporate bodies, companies, Diplomatic Missions or any other organisations: a person duly authorised by that organisation must make an application in the form set out in the Third Schedule, which needs to be accompanied by a letter from that organisation authorising the person to act on its behalf, a copy of the National Identity Card or a copy of the personal details of the passport, a recent copy of the utility bill of that organisation, if applicable, or any other proof of address, and a copy of the Business Registration Card of the organisation, if applicable.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230802071654/https://www.icta.mu/documents/2022/04/ICT_Registration_of_SIM_Regulations_2021.pdf
- https://web.archive.org/web/20230802074151/https://www.icta.mu/documents/2022/04/ICT_Registration_of_SIM_Regulations_Amendment_2022.pdf
- https://web.archive.org/web/20220609071052/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
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MAURITIUS
Since December 2001, last amended in 2021
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Act 44/2001, Information and Communication Technologies Act 2001
According to Art. 24.1 of the Information and Communication Technologies Act, a license for "any service involving the use of information and communication technologies" is mandated in the country. In addition, according to Art. 24.5 the Information and Communications Technologies Authority (ICTA) must take into account “the public interest and the likelihood of unfair practice" for the issuance of the license. It is reported that the lack of precise definitions of the terms “public interest” and “unfair practice” might permit denials on virtually any basis that the ICTA desires. Licences can also be denied based on “any element” of national security, pursuant to Section 24.5b.
Coverage ICT services
MAURITIUS
Since December 2001, last amended in 2021
Since September 2019, entry into force in October 2019
Since September 2019
Since September 2019, entry into force in October 2019
Since September 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Act 44/2001, Information and Communication Technologies Act 2001
Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019
Clearance to Import ICT Equipment Guidelines
Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019
Clearance to Import ICT Equipment Guidelines
Pursuant to Section 17.3 of the Information and Communication Technologies Act 2001 and the Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019, the ICT Authority issued the Clearance to Import ICT Equipment Guidelines, which govern the import of ICT Equipment in Mauritius. Section 4.2.1 of the Guidelines states that companies or individuals importing certain ICT equipment for commercial purposes are required to ensure that they hold a valid Dealer’s license issued by the ICT Authority. ICT equipment belonging to "List B", "List C", and "List G" require a license. These include IoT network equipment, satellite equipment, mobile phones, wireless telecom equipment, PCs, tablets, and terminal equipment.
Coverage ICT equipment
Sources
- https://web.archive.org/web/20230514184457/https://www.icta.mu/documents/2022/09/ict_act.pdf
- https://web.archive.org/web/20230802074914/https://www.icta.mu/documents/2021/08/Clearance_Regulations2019.pdf
- https://web.archive.org/web/20211206014223/https://www.icta.mu/documents/2021/11/Guidelines_clearance.pdf
- https://web.archive.org/web/20230802084416/https://www.icta.mu/categories/
- Show more...
MAURITIUS
Since December 2001, last amended in 2021
Since October 2021
Since October 2021
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Act 44/2001, Information and Communication Technologies Act 2001
Guidelines for the Importation and Commercialisation of Refurbished Consumer Grade ICT Equipment
Guidelines for the Importation and Commercialisation of Refurbished Consumer Grade ICT Equipment
The Guidelines for the Importation and Commercialisation of Refurbished Consumer Grade ICT Equipment are established pursuant to Section 17(3) of the Information and Communication Technologies Act 2001. These Guidelines establish a license requirement to import and sell refurbished ICT equipment. The scope of the Guidelines covers only consumer-grade ICT equipment, that is, ICT Equipment designed, manufactured, marketed and sold for consumers for their personal use.
Coverage Refurbished ICT equipment
