BURKINA FASO
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Burkina Faso has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
BURKINA FASO
Since December 2018
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Decree No. 2018-1199 on distributive trade in Burkina Faso (Decrêt N° 018-1199/PRES/PM/MCIA/MUH/MINEFID/MATD/MJDHPC relatif au commerce de distribution au Burkina Faso)
According to Art. 5 of the Decree No. 2018-1199, e-retailers must get a professional card of trader. To obtain it, registering in the trade register and having a unique financial identification number (IFU) are required. The other documents required are: a copy of ID card, an application form, two ID photos, a copy of company status, two tax stamps, and a certificate of tax status.
Coverage E-retailers
BURKINA FASO
Since June 2018
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Law No. 80-2015/CNT regulating advertising in Burkina Faso (Loi N° 80-2015/CNT portant réglementation de la publicité au Burkina Faso)
Art. 15 of Law No. 80-2015/CNT specifies that practicing the advertising profession requires a registration in the trade register and a unique financial identification number (IFU).
Coverage Advertising sector
BURKINA FASO
N/A
Pillar Online sales and transactions |
Sub-pillar 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
Burkina Faso has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BURKINA FASO
Since December 2018
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Decree No. 2018-1199 on distributive trade in Burkina Faso (Decrêt N° 018-1199/PRES/PM/MCIA/MUH/MINEFID/MATD/MJDHPC relatif au commerce de distribution au Burkina Faso)
According to Art. 5 of the Decree No. 2018-1199, e-retailers must get a professional card of trader. To obtain it, registering in the trade register and having a unique financial identification number (IFU) are required. The other documents required are: a copy of Id card, an application form, two ID photos, a copy of company status, two tax stamps, and a certificate of tax status.
Coverage E-retailers
BURKINA FASO
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Burkina Faso does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, it is reported that there is an informal threshold of USD 100.
Coverage Horizontal
BURKINA FASO
N/A
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Restrictions on domain names
It is reported that registrant for a local domain name ".bf" must be an entity based in the country. Only one domain name is allowed per applicant and the registration is subject to annual fee of USD 450. However, according to Art. 9 of the Law No. 011-2010/AN on domain names management under the first level domain .BF (Loi N° 011-2010/AN portant reglementation de la gestion des noms de domaines sous le domaine de premier niveau .BF), there are no restrictions on domain names.
Coverage Horizontal
BURKINA FASO
Since November 2008
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Law No. 061-2008/AN on the general regulation of electronic communications networks and services (Loi N° 061-2008/AN portant réglementation générale des réseaux et services de communications électroniques au Burkina Faso)
Telecom companies need to submit their equipment for testing to the regulator or its delegated entity. Under Art. 130 of the Law No. 061-2008/AN, no radio equipment used for the transmission, reception or transmission and reception of signals and correspondence may be manufactured, imported or marketed for use in Burkina Faso unless it has been approved by the Regulatory Authority. To this end, the Authority may carry out any verification to ensure that the equipment complies with the regulations in force. Equipment includes hardware and software used to provide electronic communications services.
Coverage Telecommunication and radio equipment
BURKINA FASO
Since November 2008
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Law No. 061-2008/AN on the general regulation of electronic communications networks and services (Loi N° 061-2008/AN portant réglementation générale des réseaux et services de communications électroniques au Burkina Faso)
According to Art. 130 of the Law No. 061-2008/AN, no radio equipment used for the transmission, reception or transmission and reception of signals and correspondence may be imported for use in Burkina Faso unless it has been approved by the Regulatory Authority. To this end, the Authority may carry out any verification to ensure that the equipment complies with the regulations in force. Equipment includes hardware and software used to provide electronic communications services.
Coverage Telecommunication and radio equipment
BURKINA FASO
Since June 2018
Pillar Content access |
Sub-pillar Restrictions on online advertising
Law No. 80-2015/CNT regulating advertising in Burkina Faso (Loi N° 80-2015/CNT portant réglementation de la publicité au Burkina Faso)
Art. 15 of Law No. 80-2015/CNT specifies that to practice the advertising profession, you must be registered in the trade register and have a unique financial identification number (IFU).
Coverage Advertising sector
BURKINA FASO
Reported in 2022
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that Burkina Faso has restricted access to Facebook in 2022.
Coverage Jeune Afrique, Facebook
BURKINA FASO
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 2 in Burkina Faso. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
BURKINA FASO
Reported in 2022
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Law No. 061-2008/AN on the general regulation of electronic communications networks and services (Loi N° 061-2008/AN portant réglementation générale des réseaux et services de communications électroniques au Burkina Faso)
It is reported that the government has sometimes shut down domestic access to the Internet throughout 2022 leveraging Art. 45 of Law No. 061-2008/AN. According to Art. 45, operators must take all necessary measures to meet defence and security requirements.
Coverage Horizontal
BURKINA FASO
Since November 2009
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Law No. 45-2009/AN regulating services and electronic transactions in Burkina Faso (Loi N° 45-2009 portant règlementation des services et des transactions électroniques au Burkina Faso)
Law No. 45-2009/AN establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 134, intermediaries are not responsables for information transmitted if they do not initiate the transmission or select the recipient of the transmission and they don't select or modify the information transmitted.
Coverage Internet intermediaries
BURKINA FASO
Since November 2009
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 45-2009/AN regulating services and electronic transactions in Burkina Faso (Loi N° 45-2009 portant règlementation des services et des transactions électroniques au Burkina Faso)
Law No. 45-2009/AN establishes a safe harbour regime for intermediaries beyond copyright infringement. According to Art. 134, intermediaries are not responsables for information transmitted if they do not initiate the transmission or select the recipient of the transmission and they don't select or modify the information transmitted.
Coverage Internet intermediaries