COTE D'IVOIRE
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that inadequate enforcement of intellectual property (IP) rights remains a serious concern in Côte d'Ivoire due to limited resources.
Coverage Horizontal
COTE D'IVOIRE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Côte d'Ivoire has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
COTE D'IVOIRE
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
Côte d'Ivoire has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
CONGO
Since October 2015
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity not allowed for foreign businesses
Certification of conformity must be approved by the Congolese Agency of Normalization and Quality (ACONOQ). ACONOQ is responsible for certifying the conformity of products, goods, services, management systems, and personnel competencies to standards. Furthermore, all imports into Congo must have a conformity certificate issued by ACONOQ. Although the homologation process does not require local labouratory testing or contact with local representatives, product samples must be submitted to the authority for inspection.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240724002648/https://economie.gouv.cg/sites/default/files/Documentation/Lois/2015/L%20n%C2%AF20-2015%20du%2029%20octobre%202015.pdf
- https://web.archive.org/web/20240413051454/https://www.wto.org/english/tratop_e/tpr_e/s445-03_e.pdf
- https://web.archive.org/web/20230325172221/https://ib-lenhardt.com/type-approval/republic-of-the-congo
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CONGO
Since November 2009
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Law No. 9-2009 of 25 November 2009 on Electronic Communication Sector (Loi No. 9-2009 du 25 Novembre 2009 Portant Réglementation du Secteur des Communications Électroniques)
Art. 145 of the Law on Electronic Communication mandates the persons or suppliers of cryptology services to disclose the technical characteristics of the source code of the software to be used by the National Agency for Information Systems Security (ANSSI).
Coverage Cryptology service
CONGO
Since December 2018, enter into force in March 2019
Since June 2019
Since June 2019
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Regulation No. 02/18/CEMAC/UMAC/CM of 21 December 2018 on Foreign Exchange Regulations in CEMAC (Règlement No. 02/18/CEMAC/UMAC/CM du 21 décembre 2018 portant réglementation des changes dans la CEMAC)
Instruction No. 8/GR/2019 on the Conditions and Modalities for the Use of Electronic Payment Instruments Outside CEMAC (Instruction No. 008/GR/2019 relative aux conditions et modalités d'utilisation à l'extérieur de la CEMAC des instruments de paiement électronique)
Instruction No. 8/GR/2019 on the Conditions and Modalities for the Use of Electronic Payment Instruments Outside CEMAC (Instruction No. 008/GR/2019 relative aux conditions et modalités d'utilisation à l'extérieur de la CEMAC des instruments de paiement électronique)
According to the Instruction No. 8/GR/2019 issued by the Governor of the Bank of Central African States to facilitate the interpretation and implementation of the Economic and Monetary Community of Central Africa (CEMAC) Regulation 02/18/CEMAC/UMAC/CM, there is a limit of 1 million XAF (approx. USD 1,700) per month and per person for the remote settlement of transactions, including online payments. According to Arts. 7-8, justification needs to be provided above this limit. The Instruction provides guidance on the provision of Art. 34 of the Regulation, which implements certain limits for using electronic payment instruments outside the CEMAC and applies to the six CEMAC member states, including Congo.
Coverage Electronic payment instruments
Sources
- https://web.archive.org/web/20240225073742/https://www.droit-afrique.com/uploads/CEMAC-Reglement-2018-02-changes.pdf
- https://web.archive.org/web/20221125221459/https://www.beac.int/wp-content/uploads/2020/07/Instruction-n%C2%B008-GR-2019-on-the-conditions-and-modalities-for-use-of-electronics-payment-instrument-outs...
- https://clarenceabogados.com/client-alert/beac-instructions-to-foreign-exchange-regulations/
- https://web.archive.org/web/20241128140950/https://www.anif.cm/images/pdfanif/reglement_anglais.pdf
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CONGO
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low 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 12, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
CONGO
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Congo does not have a legal framework that applies consumer protection to online transactions.
Coverage Horizontal
CONGO
Since January 2014, entry into force in August 2014
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Congo has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CONGO
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Congo 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
CONGO
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Congo 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
CONGO
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
The Republic of Congo has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
CONGO
Since October 2019
Pillar Domestic data policies |
Indicator Framework for data protection
Law No. 29-2019 on the Protection of Personal Data (Loi No. 29-2019 portant protection des données à caractère personnel)
Law 29-2019 provides a comprehensive data protection regime in the Republic of the Congo. The Law provides that a Commission responsible for protecting personal data will be established through legislation in Congo. Personal data in the country is also regulated by the Cybersecurity Act of 2020.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240729040929/https://economie.gouv.cg/sites/default/files/Documentation/Lois/2019/L%20n%C2%B029-2019%20du%2010%20octobre%202019.pdf
- https://web.archive.org/web/20211019002205/https://economie.gouv.cg/sites/default/files/L%20n%C2%B026-2020%20du%205%20juin%202020.pdf
- https://web.archive.org/web/20240924160623/https://www.dataguidance.com/jurisdiction/congo
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CONGO
Since October 2019
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 29-2019 on the Protection of Personal Data (Loi No. 29-2019 portant protection des données à caractère personnel)
Art. 83 of Law 29-2019 stipulates the mandatory appointment of a data protection officer (DPO) under the following circumstances: when data processing is conducted by a public entity; when the nature, purpose, or characteristics of the data processing necessitate regular and systematic monitoring; or when the data processing involves large-scale processing of sensitive data.
Coverage Horizontal
CONGO
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 infringement is absent in Congo's law and jurisprudence. However, some regulations, such as Law No. 9-2009 on the Electronic Communication sector and Law No. 29-2019 on the Protection of Personal, are relevant to the subject.
Coverage Internet intermediaries
