Database

Browse Database

GAMBIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Gambia has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

GAMBIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Gambia does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Trade secrets and know-how are protected by Section 36 under the unfair competition provisions of the Industrial Property Act 2007.
Coverage Horizontal

GAMBIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Gambia to deliver telecom services to end users. However, it is practised both in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'GM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"66253"},{"post_id":"66254"},{"post_id":"66255"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'GM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'GM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

GAMBIA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
11.3%
Coverage rate of zero-tariffs on ICT goods (%)
3.23%
Coverage: Digital goods

GAMBIA

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Gambia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

GAMBIA

Since July 2022
Since July 2003, last amended in August 2019

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
The Gambia Public Procurement Act, 2022

The Gambia Public Procurement Authority Regulations, 2019
According to Art. 42.11 of The Gambia Public Procurement Act 2022, the international competitive bidding method shall be applied whenever effective competition cannot be obtained unless foreign firms are invited to tender. In this case, the tender shall be published internationally.
Additionally, Schedule 1 of The Gambia Public Procurement Authority Regulations (GPPAR 2019), which remains in effect until the publication of the new Public Procurement Act 2022 Regulation, stipulates that a minimum threshold of GMD 10 million (approx. 143,884 USD) for applying an International Competitive Bidding.
Coverage Horizontal

EUROPEAN UNION

Since February 2014
Since March 2019
Since July 2008

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Electromagnetic Compatibility Directive 2014/30/EU

Regulation (EU) 2019/515 of the European Parliament

Decision No. 768/2008/EC on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC
Self-certification is allowed under equal terms for foreign and domestic companies under Art. 14 and Annex II of the Electromagnetic Compatibility Directive 2014/30/EU.
EU legislation requires that the manufacturer of a CE-marked product issues an EU Declaration of Conformity for the product and draws up technical documentation. A Declaration of Conformity (DoC) is a document signed by a manufacturer or authorised representative confirming that the product placed in the market complies with applicable EU requirements and is required for all CE Marked products sold in the EU with few exceptions. The contents of the Declaration of Conformity shall follow the model declarations set out in Annex III to Decision 768/2008/EC or in annexes to applicable legislation. (CE-marked products signify that products sold in the EEA have been assessed to meet high safety, health, and environmental protection requirements.)
The EU has concluded a number of Mutual Recognition Agreements (MRAs) with third countries that allow national conformity assessment bodies to certify product conformity for the respective markets. The EU has signed 7 MRAs, 6 of which cover electromagnetic compatibility and interference as and/or radio and telecommunications equipment.
Coverage Horizontal

EUROPEAN UNION

Since December 2017

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
According to the Council Directive (EU) 2017/2455 of 5 December 2017, amending Directive 2006/112/EC and Directive 2009/132/EC as regards certain value-added tax obligations for supplies of services and distance sales of goods, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 174, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

EUROPEAN UNION

Since May 2018

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Directive (EU) 2016/1148 concerning measures for a high common level of security of network and information systems
Art. 18 (2) of Directive (EU) 2016/1148 establishes a local presence requirement, through the designation of a representative, for digital services providers not established in the Union but offering digital services within the Union. The types of digital services for the purposes of Art. 18 (2), referred to in Annex III, are online marketplace, online search engine and cloud computing services.
Coverage Online marketplace, online search engine, cloud computing services

EUROPEAN UNION

Since April 2016, entry into force in May 2018

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
General Data Protection Regulation (EU) 2016/679
Art. 27 of the General Data Protection Regulation (EU) 2016/679 requires a local representative for data controllers or processors not established in the EU.
Coverage Horizontal

EUROPEAN UNION

Since April 2016, entry into force in May 2018

Pillar Domestic data policies  |  Sub-pillar Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
General Data Protection Regulation (Regulation 2016/679)
Since May 2018, the General Data Protection Regulation (GDPR) requires that organisations conducting "regular and systematic monitoring of data subjects on a large scale" or whose activities include the processing of sensitive personal data on a large scale must appoint a Data Protection Officer (DPO). Previously, only European institutions and bodies were required to appoint at least one person as a DPO, with some Member States also imposing such requirements on private companies. In addition, under the GDPR, Data Protection Impact Assessments (DPIAs) are mandatory for data processing activities that are likely to result in a high risk to the rights and freedoms of natural persons.
Coverage Horizontal

EUROPEAN UNION

Since March 2022

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Council Regulation (EU) 2022/350 of 1 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

Council Decision (CFSP) 2022/351 of 1 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine
Through Council Regulation (EU) 2022/350 and Council Decision (CFSP) 2022/351, the EU has sanctioned a number of Russian TV channels as a result of "Russia's actions destabilising the situation in Ukraine". The sanctions entail the suspension of broadcast licenses and distribution agreements (e.g. over cable). A wide range of operators are supposed not to enable or facilitate the broadcast of any content by these channels, including through "IP-TV, internet service providers, internet video-sharing platforms or application". As a result, these channels have been delisted from online search results, and their social media accounts are no longer accessible in the EU. (Some of these accounts had already been voluntarily suspended by major digital platforms). Their websites are nevertheless still accessible.
Coverage RT – Russia Today

EUROPEAN UNION

Since 2011, last amended in September 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Export restrictions on ICT goods or online services
Regulation (EU) 2021/821 of the European Parliament and the European Union
Regulation 2021/821 establishes that the export of dual-use items used for both civilian and military applications is subject to control, and these goods may not leave the EU customs territory without an export authorisation. Annex I identifies a range of dual-use items that face either authorisation requirements or outright bans for exportation outside of the EU, which include electronics, computers, telecommunications and information security. Regulation 2021/821 replaces the previous regulation on the matter (Regulation (EC) No. 428/2009), as subsequently amended and implemented by Regulation (EU) No. 1232/2011 and Delegated Regulation (EU) 2018/1922, respectively.
Coverage Electronics, computers, telecommunications and information security

EUROPEAN UNION

Since July 2014, as amended in February 2022, last amended in December 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Export restrictions on ICT goods or online services
Council Regulation (EU) No 833/2014 of 31 July 2014 Concerning Restrictive Measures in View of Russia's Actions Destabilising the Situation in Ukraine
The European Union enforces export and import controls on Russia since 2014, with the implementation of Council Regulation (EU) No. 833/2014, and more extensively since the 2022 invasion of Ukraine. A key element of these measures is Council Regulation (EU) No. 2022/328, adopted in February 2022, which prohibits the export, sale, supply, or transfer of various goods and technologies to Russia. Effective from 26 February 2022, this regulation specifically bans:
- The export of dual-use goods and technologies listed in Annex of Regulation (EU) 2021/821, affecting 6,251 goods under 929 six-digit tariff subheadings.
- The export of goods and technologies suited for use in aviation or the space industry, outlined in Annex XI, covering all products in tariff chapter 88.
This Regulation has been further complemented by several additional packages of sanctions on Russia, including measures such as bans on ICT goods—covering semiconductors, telecommunications equipment, and software—and restrictions on digital services like cloud computing. These sanctions also extend to the sale, licensing, transfer, or sharing of intellectual property rights and trade secrets that could benefit prohibited sectors or entities in Russia. Furthermore, the EU has imposed prohibitions on specific professional services, including business consultancy, legal advisory, and IT consultancy, significantly limiting Russia's access to critical expertise and resources essential for its economic and technological capabilities.
The last sanctions package ("Twelfth Package") was implemented by Council Regulation (EU) No.2023/2878, amending the Council Regulation (EU) No. 833/2014.
Coverage Electronics, computers, telecommunications and information security
Sources

Report issue     Report new measure