CABO VERDE
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
Cabo Verde has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
CABO VERDE
Since January 2001, last amended in March 2021
Pillar Domestic data policies |
Indicator Framework for data protection
Law No. 133/V/2001 of 22 January: Establishing the General Legal Regime for the Protection of Personal Data of Natural Persons (Lei No. 133/V/2001, de 22 de janeiro: estabelece o regime jurídico geral de proteção de dados pessoais a pessoas singulares)
The Law No. 133-V-2001 provides a comprehensive regime of data protection in Cabo Verde, and it is enforced by the "Comissão Nacional de Proteção de Dados Pessoais" (CNPD, National Commission of Data Protection), which became operational in 2015.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221116070519/http://www.cnpd.cv/leis/DATA%20PROTECTION%20Law%20133.pdf
- https://web.archive.org/web/20231208020853/https://www.dataguidance.com/jurisdiction/cape-verde
- https://web.archive.org/web/20230806200425/https://www.cnpd.cv/leis/Lei%20121.IX.2021%20altera%C3%A7%C3%A3o%20Lei%2041.VIII.2013.pdf
- https://www.dlapiperdataprotection.com/index.html?t=law&c=CV
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CABO VERDE
Since January 2001, as amended in March 2021
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 133/V/2001 of 22 January: Establishing the General Legal Regime for the Protection of Personal Data of Natural Persons (Lei No. 133/V/2001, de 22 de janeiro: estabelece o regime jurídico geral de proteção de dados pessoais a pessoas singulares)
Art. 29.1 of Law No. 133/V/2001, as amended in 2021, provides for an assessment of the impact of the planned processing operations on the protection of personal data whenever a particular type of processing, in particular one using new technologies, is likely to involve a high risk to the rights and freedoms of natural persons, taking into account its nature, scope, context and purpose. Moreover, Art. 30.1 of the law requires the controller and the processor to appoint a data protection officer (DPO) and Art. 30.2 allows a group of companies to appoint a single DPO.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221116070519/http://www.cnpd.cv/leis/DATA%20PROTECTION%20Law%20133.pdf
- https://web.archive.org/web/20230806200425/https://www.cnpd.cv/leis/Lei%20121.IX.2021%20altera%C3%A7%C3%A3o%20Lei%2041.VIII.2013.pdf
- https://web.archive.org/web/20240113075316/https://www.dataguidance.com/notes/cape-verde-data-protection-overview
- https://web.archive.org/web/20240423151052/https://www.dlapiperdataprotection.com/index.html?t=online-privacy&c=CV
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CABO VERDE
N/A
Pillar Intermediary liability |
Indicator 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 infringements is absent in Cabo Verde law and jurisprudence.
Coverage Internet intermediaries
Sources
- https://freedomhouse.org/countries/freedom-net/scores
- https://web.archive.org/web/20220310150750/https://wilmap.stanford.edu/topics/copyright-0#entry-block-africa
- https://digitalpolicyalert.org/activity-tracker/?offset=0&limit=10&period=2020-01-01,2023-11-21
- https://web.archive.org/web/20230604210658/https://www.globaltradealert.org/country/37
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CABO VERDE
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Cabo Verde's law and jurisprudence.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://digitalpolicyalert.org/
- https://web.archive.org/web/20230118160443/https://unctad.org/system/files/official-document/dtlstict2015d2_en.pdf
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CABO VERDE
Since May 2019
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Cabo Verde has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
CABO VERDE
Since May 2019
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Cabo Verde has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
CABO VERDE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Cabo Verde lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Art. 271 of Legislative Decree No. 4/2007 of 20 August 2007, approving the Intellectual Property Code (Decreto-Legislativo No. 4/2007, de 20 de Agosto, que aprova o Código da Propriedade Intelectual) states that it is an administrative offence to disclose, acquire or use a competitor's business secrets without their consent, provided that the information:
- is secret, in the sense that it is not generally known or easily accessible, in its entirety or in the exact configuration and connection of its constituent elements, to persons in the circles that normally deal with the type of information in question;
- has commercial value by virtue of its secrecy;
- has been the subject of considerable efforts, appropriate to the circumstances, by the person lawfully in control of the information to keep it secret.
- is secret, in the sense that it is not generally known or easily accessible, in its entirety or in the exact configuration and connection of its constituent elements, to persons in the circles that normally deal with the type of information in question;
- has commercial value by virtue of its secrecy;
- has been the subject of considerable efforts, appropriate to the circumstances, by the person lawfully in control of the information to keep it secret.
Coverage Horizontal
CABO VERDE
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)
5.28%
Coverage rate of zero-tariffs on ICT goods (%)
42.44%
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
CABO VERDE
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Cabo Verde is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- 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
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CABO VERDE
Since April 2015
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 88/VIII/2015 of 14 April, Approving the Public Procurement Code and Establishing the Public Procurement Regime (Lei No. 88/VIII/2015 de 14 de abril, aprova o Código da Contratação Pública, que estabelece o regime de contratação pública)
Art. 99.4 of the Public Procurement Code provides that factors may be foreseen that grant greater weight to bids submitting goods produced, extracted or farmed in Cabo Verde or relating to services provided or supplies made by entities of Cabo-Verdean nationality or with registered offices in Cabo-Verdean territory. Moreover, Art. 13 states that, in the contract formation procedure, all factors contributing to the promotion of national economic development, production development, procurement, industry and services of Cabo Verde, as well as compliance with national social policies, shall be considered.
Coverage Horizontal
CABO VERDE
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Cabo Verde is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
CABO VERDE
Since September 2013
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Decree-Law No. 34/2013 of 24 September, Amending and Republishing Law No. 13/VIII/2012 of 11 July, Approving the Investment Law of Cabo Verde (Decreto-Lei No. 34/2013, de 24 de setembro, altera e republica a Lei No. 13/VIII/2012, de 11 de julho, que aprova a Lei de Investimento de Cabo Verde)
There are no foreign ownership limitations in sectors relevant to digital trade, as confirmed by Decree-Law No. 34/2013.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230923140435/https://www.cvtradeinvest.cv/assets/files/Lei_investimentos.pdf
- https://web.archive.org/web/20231210163044/https://investmentpolicy.unctad.org/investment-laws/laws/316/cabo-verde-investment-law-
- https://web.archive.org/web/20231212200716/https://www.trade.gov/country-commercial-guides/cabo-verde-distribution-sales-channels
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CABO VERDE
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Screening of investment
It is reported that an approval process serves as a screening mechanism for inbound foreign investment. The process begins with the submission of a formal expression of interest to the investment promotion agency Cabo Verde TradeInvest in accordance with the Investment Law. Relevant government entities (depending on the sector and the nature of the investment) then conduct an integrated review of the investment project and provide an opinion. If the opinion is favourable, Cabo Verde TradeInvest, in coordination with relevant agencies, approves the project and issues an investor certificate no later than 45 days from the submission of interest.
Coverage Horizontal
CABO VERDE
Since August 2007
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Legislative Decree No. 4/2007 of 20 August 2007, Approving the Intellectual Property Code (Decreto-Legislativo No. 4/2007, de 20 de agosto, que aprova o Código da Propriedade Intelectual)
Art. 226 of the Legislative Decree approving the Intellectual Property Code provides that the applicant must appoint a representative in Cabo Verde in the case of patent applications filed by interested parties (natural or legal persons) who are not domiciled or established in Cabo Verde. However, the interested party or the holder of the right, whether natural or legal, domiciled or resident in Cabo Verde, is free to present his applications for industrial property titles in person or to have them presented by a recognised lawyer (Art. 225(1)).
Coverage Horizontal
Sources
- https://web.archive.org/web/20241128134650/https://igqpi.cv/wp-content/uploads/2021/10/Decreto-Legislativo-no-4_2007_-Aprova-o-Co%CC%81digo-da-Propriedade-Industrial.pdf
- https://web.archive.org/web/20230325062933/https://intellectual-property-helpdesk.ec.europa.eu/system/files/2022-02/Africa_helpdesk_IP-Country-Fiche_CABO-VERDE.pdf
