Database

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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

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

CONGO

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 infringements
A basic legal framework on intermediary liability beyond 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

CONGO

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
The Republic of Congo has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

CONGO

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
The Republic of Congo has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

CONGO

Since November 2009

Pillar Intellectual Property Rights (IPRs)  |  Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
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

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Congo does not have comprehensive trade secret legislation. Yet, there are provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including Congo since 2002.
Coverage Horizontal

CONGO

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in the Republic of Congo to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

CONGO

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Despite many private companies operating in the electronic communications market, the fully state-owned company CONGO TELECOM holds the monopoly for the fixed telephone.
Coverage Telecommunications sector

CONGO

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that The Republic of Congo has established both functional and accounting separation by law for the operator with significant market power.
Coverage Telecommunications sector

CONGO

Since December 2009

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
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)
According to the Electronic Communication Law (Art. 6), electronic communications activities are exercised freely in Congo. There are no discriminatory conditions for foreign companies. However, the supply of electronic communications networks and services is conditional on obtaining, depending on the case of a licence, authorisation, agreement, declaration, or experimentation.
It is reported that in the Republic of Congo, different minimum capital requirements are established to obtain different types of licenses:
- 10.000.000.000 F.CFA for 3G and 4G (approx. USD 15,196,000);
- 11.000.000.000 F.CFA for 2G (approx. USD 16,716,000).
Coverage Telecommunications sector

CONGO

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
The Republic of Congo has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

CONGO

N/A

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Residency requirement
It is reported that Congolese law requires foreign companies to hire a general manager who is a resident of the Republic of Congo. Establishing an office usually requires a local lawyer or a local representative of an international law firm to make sure that the company’s bylaws respect the Congolese standard business code.
Coverage Horizontal

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