CAMEROON
Since July 2015
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Decree No. 2015/1875 / PM of 01 July 2015 establishing and fixing the modalities of implementation of the Conformity Assessment Program before Embarkation of goods (PECAE) imported into the Republic of Cameroon
According to Article 4 (1) of the Decree No. 2015/1875 / PM of 01 July 2015 establishing and fixing the modalities of implementation of the Conformity Assessment Program before Embarkation of goods (PECAE) imported into the Republic of Cameroon, the Pre-Shipment Conformity Assessment Program for goods imported into the Republic of Cameroon (PECAE) involves some of the following activities: auditing, surveillance, inspection, analysis, testing and certification. According to Article 8, ICT goods are part of the goods which are subject to the pre-shipment conformity assessment.
Cameroon does not recognize self-certification, but does not require foreign suppliers to undergo testing in a local laboratory. There are three-way of certification under the Pre-Shipment Conformity Assessment Program for goods imported into the Republic of Cameroon (PECAE) are as follows:
- Société Générale de Surveillance (SGS) laboratories;
- Third party ISO/IEC 17025 accredited laboratory;
- Supplier laboratory provided that the test results are detailed as per the corresponding standard, that the laboratory holds a recognized quality certification system (such as ISO 9001..etc) and that the list of the equipment (model, serial number...etc) with the corresponding calibration records and are supplied to demonstrate laboratory capabilities for testing.
Cameroon does not recognize self-certification, but does not require foreign suppliers to undergo testing in a local laboratory. There are three-way of certification under the Pre-Shipment Conformity Assessment Program for goods imported into the Republic of Cameroon (PECAE) are as follows:
- Société Générale de Surveillance (SGS) laboratories;
- Third party ISO/IEC 17025 accredited laboratory;
- Supplier laboratory provided that the test results are detailed as per the corresponding standard, that the laboratory holds a recognized quality certification system (such as ISO 9001..etc) and that the list of the equipment (model, serial number...etc) with the corresponding calibration records and are supplied to demonstrate laboratory capabilities for testing.
Coverage ICT goods
Sources
CAMEROON
Since December 2010
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Law No. 2010/013 of 21 December 2010 Regulating Electronic Communications in Cameroon
According to Section 58 of Law No. 2010/013 of 21 December 2010 Regulating Electronic Communications in Cameroon, the authorisation for the supply, export, import or use of cryptography means or services is required, although the requirements do not apply to cryptographic functions which are integrated into application software used by users.
Coverage Cryptography means and services
CAMEROON
Since December 2006
Pillar Content access |
Sub-pillar Restrictions on online advertising
Law No. 2006/018 of 29 December 2006 to regulate advertising in Cameroon
According to Art. 13 of Law No. 2006/018, foreign operators wishing to carry out any advertising activity in the territory of Cameroon must conclude an agreement of representation to this effect with a Cameroonian operator duly approved for the advertising profession concerned. This also applies to online advertising.
Coverage Advertising sector
CAMEROON
Reported in 2017 and 2018
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Cases of blocking of web content
It is reported that access to social networks such as Twitter, Whatsapp, and Facebook was cut off in the English-speaking regions of Cameroon in September/October 2017. In addition, evidence suggests that Facebook and WhatsApp were throttled the day before the country’s 2018 election results were released. On the other hand, although meant to fight against cybercrime, it is reported that Law No. 2010/012 of 21 December 2010 relating to Cybersecurity and Criminality has been used to censor and monitor communications during periods of severe political crisis and to fight against misinformation and hate speech online.
Coverage Social networks
Sources
- https://www.africanews.com/2017/09/30/cameroon-blocks-social-media-access-in-restive-english-speaking-regions//
- https://netblocks.org/reports/facebook-and-whatsapp-restricted-in-cameroon-on-eve-of-election-results-YkArL1yj
- https://fakoamerica.typepad.com/files/law_relating_to_cybersecurity_and_cybercriminality-1.pdf
- https://www.minpostel.gov.cm/images/Les_textes/Lois/Loi_2010-012_cybersecurite_cybercriminalite.pdf
- Show more...
CAMEROON
Reported in 2022
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Cameroon. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal
CAMEROON
Since December 2010
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon
Cameroon has a safe harbour regime in place for intermediaries beyond copyright infringements. Art. 34 (2) of Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon stipulates that intermediaries (defined anyone who, even free of charge, stores signals, writings, images, sounds or messages of any kind provided by the recipients of these services) are not liable in the following cases:
- They were not effectively aware of their unlawful nature or of facts and circumstances showing this nature;
- If, from the moment they learned of the facts, they acted promptly to remove this data or make it impossible to access it.
- They were not effectively aware of their unlawful nature or of facts and circumstances showing this nature;
- If, from the moment they learned of the facts, they acted promptly to remove this data or make it impossible to access it.
Coverage Internet intermediaries
CAMEROON
Since December 2010
Pillar Intermediary liability |
Sub-pillar User identity requirement
Law No. 2010/013 of 21 December 2010 governing electronic communications in Cameroon
According to Art. 55 of Law No. 2010/013 of 21 December 2010 governing electronic communications in Cameroon, operators of electronic communications networks open to the public, as well as service providers, are required at the time of any subscription to proceed to register the identification of subscribers and terminals.
Coverage Telecommunications sector
CAMEROON
Since December 2010
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon
In accordance with Art. 25 (2) of Law No. 2010/012 of December 2010 relating to cybersecurity and cybercrime in Cameroon, network operators and service providers of electronic communications services must put in place mechanisms to monitor the data traffic of their networks. This data can be consulted during judicial inquiries.
Coverage Internet intermediaries
CAMEROON
Since December 2010
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon
Cameroon has a safe harbour regime in place for intermediaries for copyright infringements. Art. 34 (2) of Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon stipulates that intermediaries (defined anyone who, even free of charge, stores signals, writings, images, sounds or messages of any kind provided by the recipients of these services) are not liable in the following cases:
- They were not effectively aware of their unlawful nature or of facts and circumstances showing this nature;
- If, from the moment they learned of the facts, they acted promptly to remove this data or make it impossible to access it.
- They were not effectively aware of their unlawful nature or of facts and circumstances showing this nature;
- If, from the moment they learned of the facts, they acted promptly to remove this data or make it impossible to access it.
Coverage Internet intermediaries
CAMEROON
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
Cameroon has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
CAMEROON
N/A
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Cameroon does not have a comprehensive regime in place for all personal data, but it has sectoral regulation. In addition, the national Constitution amended by the Law No. 96-06 of 18 January 1996, guarantees privacy of communications in its preamble, stating that “the privacy of all correspondence is inviolate. No interference may be allowed except by virtue of decisions emanating from the Judicial Power”. The 2010 Cybersecurity and Cybercrime law also provides for the privacy of communications under Art. 41. The obligation for service providers to guarantee users’ privacy and the confidentiality of information is covered under Arts. 42 and 26. Also Decree No. 2013/0399/PM of 27 February 2013 Laying Down the Rules for the Protection of Consumers of Electronic Communications Services. Within the CEMAC zone the E-Communications Consumer Protection Decree urges operators to guarantee the confidentiality of electronic communications and data on their networks.
Coverage Horizontal
Sources
- https://www.dataguidance.com/jurisdiction/cameroon
- https://www.prc.cm/en/multimedia/documents/6285-loi-n-96-06-du-18-01-1996-revision-constitution-1972-en
- https://www.minpostel.gov.cm/images/Les_textes/Lois/Loi_2010-012_cybersecurite_cybercriminalite.pdf
- http://www.art.cm/fr/content/n%C2%B0-20130399pm-du-27-fevrier-2013-fixant-les-modalit%C3%A9s-de-protection-des-consommateurs-et-des
- http://www.droit-afrique.com/upload/doc/cemac/CEMAC-Directive-2008-07-droit-des-utilisateurs-de-reseaux.pdf
- Show more...
CAMEROON
Since December 2010
Since December 2008
Since December 2008
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon
Regulation No. 07/08-UEAC-133-CM-18 of December 19, 2008 establishing the legal framework for the protection of the rights of users of networks and electronic communications services within CEMAC
Regulation No. 07/08-UEAC-133-CM-18 of December 19, 2008 establishing the legal framework for the protection of the rights of users of networks and electronic communications services within CEMAC
According to Art. 25, Section I of Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon, network operators and providers of electronic communications services have the obligation to keep connection and traffic data for a period of ten years. This is despite the sub-regional legislation of CEMAC, to which Cameroon belongs, provides for a maximum period of two years during which the States can allow operators to keep traffic data for security reasons.
Coverage Network operators and providers of electronic communications services
CAMEROON
Since 2010
Pillar Telecom infrastructure & competition |
Sub-pillar Other restrictions to operate in the telecom market
Law No. 2010/013 of 21 December 2010 governing electronic communications in Cameroon
According to Art. 10.1 of the Law No. 2010/013 governing electronic communications in Cameroon, a license is issued to any natural or legal person to establish and operate in the telecom sector.
Coverage Telecommunications sector
CAMEROON
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
Cameroon has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
CAMEROON
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Lack of independent telecom authority
Cameroon has a telecommunications authority: Agence de Régulation des Télécommunications (ART). However, it is reported that this entity is not fully independent.
Coverage Telecommunications sector