SIERRA LEONE
Since October 2012
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patents and Industrial Designs Act, 2012 (No. 12)
According to Section 11.3 of the Patents and Industrial Act, applicants whose ordinary residence or principal place of business is outside Sierra Leone have to be represented by an agent based in Sierra Leone.
Coverage Horizontal
SIERRA LEONE
Reported in 2021, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Lack of effective enforcement of patents
It is reported that there is minimal government enforcement of patents and other forms of Intellectual Property due to resource and capacity limitations. As a result, the administration of justice has primarily relied on the customary and usual claims founded on torts, contracts, petitions, admiralty and criminal offences to the exclusion of Laws specific to Intellectual Property.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231001144628/https://www.state.gov/reports/2023-investment-climate-statements/sierra-leone/
- https://web.archive.org/web/20230924152011/https://www.state.gov/reports/2021-investment-climate-statements/sierra-leone/
- https://web.archive.org/web/20240220031418/https://www.wipo.int/edocs/mdocs/aspac/en/wipo_inn_tyo_12/wipo_inn_tyo_12_ref_t3sierra_leone.pdf
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SEYCHELLES
Since December 2019
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
S.I 82 of 2019 Customs Management (Importation of Goods through Post and Courier) Regulations, 2019
According to Art. 3 of the Customs Management Regulations, goods imported into Seychelles through the post or courier whose value is below SCR 3000 (approx. USD 220) shall be exempted from customs duty, provided that the consignment of goods imported is for the personal and exclusive consumption or use of the consignee.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240715043348/https://tradeportal.sc/wp-content/uploads/2023/12/SI-82-of-2019-Customs-ManagementImportation-of-Goods-Through-Post-and-CourierRegulations-2019.pdf
- https://web.archive.org/web/20220315135338/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_6%20December%202021.pdf
SEYCHELLES
Since June 2022
Since December 2021
Since December 2001
Since December 2021
Since December 2001
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Fair Trading Act, (Act 12 of 2022)
Cybercrimes and Other Related Crimes Act, 2021 (Act 59 of 2021)
Electronic Transactions Act, 2001 (Act 8 of 2021)
Cybercrimes and Other Related Crimes Act, 2021 (Act 59 of 2021)
Electronic Transactions Act, 2001 (Act 8 of 2021)
The Fair Trading Act (Part IV), Cybercrimes and Other Related Crimes Act (Section 4), and the Electronic Transactions Act (Part III) provide a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230914064623/https://www.gazette.sc/sites/default/files/2021-12/Act%2059%20-%20Cybercrimes%20and%20other%20Related%20Crimes%20Act%202021.pdf
- https://web.archive.org/web/20241004084121/https://seylii.org/akn/sc/act/2001/8/eng@2018-03-29
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=sc
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SEYCHELLES
N/A
Pillar Online sales and transactions |
Indicator 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
Seychelles has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SEYCHELLES
Since 2001
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Seychelles has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
SEYCHELLES
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Seychelles 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
SEYCHELLES
Since December 2023
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Data Protection Act, 2023
According to Art. 40 of the Data Protection Act, where a type of processing is likely to result in a high risk to the rights and freedoms of any individual, the data controller shall, prior to the processing, carry out a data protection impact assessment.
An assessment is required when: (i) a systematic and extensive evaluation of personal aspects relating to individuals which are based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the individual or significantly affect the individual; (ii) processing on a large scale of special categories of data referred to under section 23 (data related to minors); (iii) there is systematic monitoring of a publicly accessible area on a large scale; (iv) there exist any other circumstances as specified by the Commission in the implementation of this Act.
Furthermore, according to Art. 40.3, the data protection impact assessment shall include the following: (i) a general description of the envisaged processing operations, their purpose, and legitimate interest pursued by the data processor; (ii) an assessment of the risks to the rights and freedoms of the data subjects; (iii) the measures envisaged to address those risks; and (iv) safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this section, taking into account the rights and legitimate interests of the data subjects and other persons concerned.
According to Art. 45.1, the data controller shall designate a data protection officer when (i) the core activities of the data controller or the data processor consist of processing operations which, by virtue of their nature, their scope or their purposes, require regular and systematic monitoring of the data subjects on a large scale; or (ii) the core activities of the data controller or the data processor consist of processing on a large scale of special categories of data under Part IV (sensitive data, data related to minors and data relating to offences and criminal conviction).
An assessment is required when: (i) a systematic and extensive evaluation of personal aspects relating to individuals which are based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the individual or significantly affect the individual; (ii) processing on a large scale of special categories of data referred to under section 23 (data related to minors); (iii) there is systematic monitoring of a publicly accessible area on a large scale; (iv) there exist any other circumstances as specified by the Commission in the implementation of this Act.
Furthermore, according to Art. 40.3, the data protection impact assessment shall include the following: (i) a general description of the envisaged processing operations, their purpose, and legitimate interest pursued by the data processor; (ii) an assessment of the risks to the rights and freedoms of the data subjects; (iii) the measures envisaged to address those risks; and (iv) safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this section, taking into account the rights and legitimate interests of the data subjects and other persons concerned.
According to Art. 45.1, the data controller shall designate a data protection officer when (i) the core activities of the data controller or the data processor consist of processing operations which, by virtue of their nature, their scope or their purposes, require regular and systematic monitoring of the data subjects on a large scale; or (ii) the core activities of the data controller or the data processor consist of processing on a large scale of special categories of data under Part IV (sensitive data, data related to minors and data relating to offences and criminal conviction).
Coverage Horizontal
Sources
- https://web.archive.org/web/20240329093957/https://www.infocom.sc/wp-content/uploads/2024/01/Act-24-2023-Data-Protection-Act-2023.pdf
- https://www.dataguidance.com/news/seychelles-data-protection-act-enters-force
- https://www.lexology.com/library/detail.aspx?g=18384d85-a6f8-470b-b820-42a2d25b78f1
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SEYCHELLES
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 Seychelles's law and jurisprudence.
Coverage Internet intermediaries
SEYCHELLES
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 Seychelles's law and jurisprudence.
Coverage Internet intermediaries
SEYCHELLES
Since January 2021
Pillar Intermediary liability |
Indicator User identity requirement
Broadcasting and Telecommunications (Records of Customers of Prepaid Mobile Services by Operators of Public Land Mobile Network) (Amendment) Regulations, 2021
According to Section 2. C of the Broadcasting and Telecommunication Act 2021 (amending the Broadcasting and Telecommunication Act), service providers must submit all customer records for activated mobile services before the 5th day of each month. Secondly, they must register and verify customer details before activating mobile services on purchased starter packs or subscriber information module cards. These measures aim to ensure proper record-keeping and verification processes for enhanced regulatory compliance and customer protection.
Coverage Telecommunications service providers
Sources
- https://web.archive.org/web/20240701024123/https://www.nationalassembly.sc/sites/default/files/2021-01/SI%202%202021%20-%20Broadcasting%20Telecommunications%20(Records%20of%20Customers%20Prepaid%20Mob...
- https://drive.google.com/file/d/0B6eGHNJ2dbIdR1pEZ01OV1ZkNHM/preview?resourcekey=0-njEr1QdO_iKUTZM2orcwNQ
- https://web.archive.org/web/20220120180727/https://www.ict.gov.sc/documents/BTA2000.pdf
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SEYCHELLES
Since April 2000
Pillar Content access |
Indicator Restrictions on online advertising
Broadcasting and Telecommunication Act
According to Section 16 of the Broadcasting and Telecommunication Act, where any matter (including an advertisement) intended for broadcasting is, in the opinion of the Minister, of an objectionable nature, the Minister may by order in writing prohibit the broadcasting of the matter unless suitably amended in the manner specified by the Minister in the order, so as to remove the objectionable nature of the matter.
Coverage Advertising sector
SEYCHELLES
Since June 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
S.I.41 of 2019, Customs Management Act, 2011 (Act 22 of 2011), Customs Management (Prohibited and Restricted Goods) Regulations, 2019
The Customs Management (Prohibited and Restricted Goods) Regulations restrict the importation of Radio Communication equipment HS Code 8525.5010 to 8525.6000 without written prior approval of the Department of Information and Communications Technology.
Coverage Communication equipment
SEYCHELLES
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
It is reported that voluntary certification is recommended, and in-country testing is not mandatory. It is further reported that self-certification is allowed, and it is recommended that homologation be made in the Department of Information Communications Technology.
SEYCHELLES
Since April 2000
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Broadcasting and Telecommunication Act
According to Art. 35(e) of the Broadcasting and Telecommunication Act, every person providing a telecommunication service must afford access to towers, poles, ducts, conduits, and such person's right-of-way to his competitors on rates, terms and conditions that are reasonable and non-discriminatory.
Coverage Telecommunications sector
