BURKINA FASO
Since March 1989
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Burkina Faso is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
BURKINA FASO
Since October 2018
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. 038-2018/AN of 30 October 2018 on the investment code in Burkina Faso (Loi N° 038-2018/AN du 30 octobre 2018 portant Code des Investissements au Burkina Faso)
According to Art. 5 of the Law No. 038-2018/AN, certain sectors of activity may be subject to restrictions on foreign direct investment. In such cases, foreign companies wishing to invest in these sectors may be subject to special procedures to be established by decree. However, no decree has yet been issued to implement this article.
Coverage Horizontal
BURKINA FASO
Since June 2018
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Requirement to engage in joint ventures to invest or operate
Law No. 80-2015/CNT regulating advertising in Burkina Faso (Loi N° 80-2015/CNT portant réglementation de la publicité au Burkina Faso)
Art. 16 of Law No. 80-2015/CNT stipulates that in the field of advertising, any consulting agency governed by foreign law wishing to operate in Burkina Faso, as well as any medium to be broadcast or distributed on Burkina Faso territory, must use the services of an advertising agency governed by Burkina Faso law, subject to reciprocity.
Coverage Advertising sector
BURKINA FASO
Since February 2017
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 2017-0049/PRES/PM/MINEFID on procedures for awarding, executing and settlement of public contracts and delegations of public service (Décret N° 2017-0049/PRES/PM/MINEFID portant procédures de passation, d'exécution et de règlement des marchés publics et des délégations de service public)
Arts. 111-112 of Decree No. 2017-0049/PRES/PM/MINEFID provide a margin of preference of 10% for local enterprises and enterprises established in West African Economic and Monetary Union (WAEMU).
Coverage Horizontal
BURKINA FASO
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Burkina Faso is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
BURKINA FASO
Since September 2015
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. 058-2015/CNT on the legal status of the online press in Burkina Faso (Loi N° 058-2015/CNT portant régime juridique de la presse en ligne au Burkina Faso)
According to Art. 25 of Law No. 058-2015/CNT, at least 51% of the share capital for online press must be held by nationals.
Coverage Online press
Sources
- https://academiedepolice.bf/index.php/services-en-ligne/telechargement/category/56-publicite-et-projection-video?download=124:la-loi-portant-regime-juridique-de-la-presse-en-ligne#:~:text=Quiconque%20...
- http://www.investburkina.com/2022_09_21_REGROUPEMENT%20DES%20TEXTES%20VF/1%20REGLEMENTATION%20GENERALE/c%20INVESTISSEMENTS/LOIS/Loi%20N%C2%B0038-2018AN%20du%2030%20octobre%202018%20portant%20code%20de...
BURKINA FASO
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar 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)
Burkina Faso is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA I) nor the 2015 expansion (ITA II).
Coverage ICT goods
BURKINA FASO
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
10.24%
Coverage rate of zero-tariffs on ICT goods (%)
7.2%
Coverage: Digital goods
ALGERIA
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
Algeria has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ALGERIA
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
Algeria 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
ALGERIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Algeria 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
ALGERIA
Since May 2018
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Law No. 18-05 of 24 Chaâbane 1439 corresponding to 10 May 2018 relating to electronic commerce (Loi No. 18-05 du 24 Chaâbane 1439 correspondant au 10 mai 2018 relative au commerce électronique)
Art. 9 of the Law No. 18-05 requires any e-commerce activity, which is defined as electronic commerce in goods and services, to have a website hosted in Algeria with a “.com.dz” extension. This requirement applies to both domestic and foreign e-providers, as stated in Art. 2 of the law, stipulating that the legislation applies to e-commerce transactions when one of the parties to the e-commerce contract (i) is of Algerian nationality, (ii) is legally resident in Algeria, (iii) is a legal person under Algerian law, (iv) or if the contract is concluded or performed in Algeria.
Coverage E-commerce sector
ALGERIA
Since June 2018
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Law No. 18-07 of 25 Ramadhan 1439 corresponding to June 10, 2018 on the protection of natural persons in the processing of personal data (Loi No. 18-07 du 25 Ramadhan 1439 correspondant au 10 juin 2018 relative à la protection des personnes physiques dans le traitement des données à caractère personnel)
Pursuant to Art. 4.2 of Law No. 18-07, in case the data controller is not established in the national territory, a representative located in Algeria must be designated. This requirement applies to foreign service providers in Algeria, defined in Art. 3 as any public or private entity which offers users of its services the possibility of communicating by means of a computer system and/or a telecommunications system.
Coverage Communications sector
ALGERIA
Since February 2009
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 09-03 of 29 Safar 1430 corresponding to February 25, 2009 relating to consumer protection and the repression of fraud (Loi No. 09-03 du 29 Safar 1430 correspondant au 25 Fevrier 2009 relative à la protection du consommateur et à la répression des fraudes)
Law No. 09-03 of 29 Safar 1430 corresponding to February 25, 2009, relating to consumer protection and the repression of fraud provides a comprehensive consumer protection framework that applies to online transactions. This Act repeals and replaces Law 89-02 of 7 February 1989 (published in the Official Journal (Journal Officiel) (JO.) No 06 of February 8, 1989) on the general rules of consumer protection.
Coverage E-commerce sector
ALGERIA
Reported in 2022
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
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 USD 370.
Coverage Horizontal