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
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 Mauritius to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
MAURITIUS
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
The government holds controlling shares in Mauritius Telecom, the leading provider of voice, mobile, Internet and data communication services in Mauritius. The government owns 33.5% of the shares, while SBM Holdings Ltd, also owned by the government, owns 19% of the shares.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240519031737/https://www.telecom.mu/our-company/pdf/annual-reports/MTAR2021.pdf
- https://web.archive.org/web/20240811183613/https://www.state.gov/reports/2022-investment-climate-statements/mauritius/
- https://web.archive.org/web/20171118143112/https://www.ide.go.jp/English/Data/Africa_file/Company/mauritius06.html
- https://web.archive.org/web/20241003120420/https://www.sbmgroup.mu/documents/sbm-holdings-ltd-annual-report-2021
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MAURITIUS
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Mauritius does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
MAURITIUS
Since April 1994
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Mauritius has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
MAURITIUS
Since December 2001, last amended in 2021
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Act 44/2001, Information and Communication Technologies Act 2001
Section 4 of the Information and Communication Technologies Act provides the establishment of the Information and Communication Technologies Authority. This mission is to promote affordable and adequate access to quality ICT services through functional market-driven competition and regulatory principles in a trouble-free Networked Information and Knowledge Society. It is reported that this entity is autonomous in the decision-making process.
Coverage Telecommunications sector
MAURITIUS
Since December 2017
Pillar Cross-border data policies |
Indicator Conditional flow regime
Act No. 20 of 2017, Data Protection Act
Under Section 36.1 of the Data Protection Act, a data controller may transfer data abroad only under certain conditions. These include compliance with appropriate safeguards, the explicit consent of the data subject and other cases of necessity of the transfer.
Under Section 36.4 of the Data Protection Act, the Data Protection Commissioner may request a person who transfers data to another country to demonstrate the effectiveness of the safeguards or the existence of compelling legitimate interests and may, in order to protect the rights and fundamental freedoms of data subjects, prohibit, suspend or subject the transfer to such conditions as the Data Commissioner may determine. It is reported that the authorities are yet to enforce these principles.
Under Section 36.4 of the Data Protection Act, the Data Protection Commissioner may request a person who transfers data to another country to demonstrate the effectiveness of the safeguards or the existence of compelling legitimate interests and may, in order to protect the rights and fundamental freedoms of data subjects, prohibit, suspend or subject the transfer to such conditions as the Data Commissioner may determine. It is reported that the authorities are yet to enforce these principles.
Coverage Horizontal
MAURITIUS
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in regional or bilateral treaties that commit to open flows of data transfers
Mauritius has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
MAURITIUS
Since March 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Mauritius is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
MAURITIUS
Since April 2014
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Act No. 2 of 2014, Copyright Act
Mauritius has a copyright regime under the Copyright Act of 2014. The exceptions refer to the concept of 'fair practice' under Sections 18-19, enabling the lawful use of copyrighted work by others. Arts. 16-28 lists the exceptions, which include private reproduction for personal purposes; reproduction and other utilisation for teaching and scientific non-commercial purposes; reproduction, broadcasting, and other communication to the public for informatory purposes, among others.
Coverage Horizontal
MAURITIUS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Mauritius has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
MAURITIUS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Mauritius has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
MAURITIUS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulation on trade secrets
Mauritius does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to trade secrets in Sections 4 and 9 of the Protection against Unfair Practices (Industrial Property Rights) Act.
Coverage Horizontal
MAURITIUS
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.63%
Coverage rate of zero-tariffs on ICT goods (%)
94.61%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
