BURKINA FASO
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
Burkina Faso lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
BURKINA FASO
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
Burkina Faso has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BURKINA FASO
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Burkina Faso 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
BURKINA FASO
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Burkina Faso 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
BURKINA FASO
Reported in 2024
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
On 25 April 2024, the Superior Council of Communication (CSC), Burkina Faso’s media regulatory authority, reportedly instructed internet service providers to block access to the websites of BBC Africa and Voice of America. On 27 April, these restrictions were expanded to include TV5Monde’s news site, the German public broadcaster Deutsche Welle, the British newspaper The Guardian, the French newspapers Ouest-France and Le Monde, as well as the news agencies Agence de Presse Africaine and Ecofin.
Coverage BBC Africa, Voice of America, TV5Monde, Deutsche Welle, The Guardian, Ouest-France, Le Monde, Agence de Presse Africaine, and Ecofin
BURKINA FASO
Reported in 2025
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
It has been reported that the government intermittently restricted domestic internet access throughout 2022 and 2024, invoking Art. 45 of Law No. 061-2008/AN on the General Regulation of Electronic Communications Networks and Services, promulgated in November 2008. According to Art. 45 of the law, telecom operators are mandated to implement all necessary measures to fulfil defence and security requirements.
These internet shutdowns are further corroborated by data from the V-Dem Dataset. The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Burkina Faso for the year 2024. This corresponds to "The government shut down domestic access to the Internet several times this year."
These internet shutdowns are further corroborated by data from the V-Dem Dataset. The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Burkina Faso for the year 2024. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
Sources
- https://web.archive.org/web/20210907222606/https://www.arcep.bf/download/lois/loi_no_061-2008-AN_du_27-11-2008-2.pdf
- https://www.voanews.com/a/burkina-faso-internet-shutdown-curtails-information-draws-criticism/6323422.html
- https://www.voanews.com/a/burkina-faso-internet-shutdown-curtails-information-draws-criticism/6323422.html
- https://www.v-dem.net/vdemds.html
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BURKINA FASO
Since October 2001
Since November 2015
Since November 2015
Pillar Content access |
Indicator Restrictions on online advertising
Law No. 025-2001/AN of 25 October 2001 Concerning the Code of Advertising (Loi No. 025-2001/AN du 25 octobre 2001 portant Code de la Publicité)
Law No. 80-2015/CNT Regulating Advertising in Burkina Faso (Loi No. 80-2015/CNT portant réglementation de la publicité au Burkina Faso)
Law No. 80-2015/CNT Regulating Advertising in Burkina Faso (Loi No. 80-2015/CNT portant réglementation de la publicité au Burkina Faso)
According to Art. 19 of the Code of Advertising, any foreign consultancy wishing to operate in Burkina Faso and any medium to be disseminated or distributed in Burkina Faso must, subject to reciprocity, use the services of a Burkina Faso advertising agency.
In addition, 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 broadcasted or distributed on Burkina Faso territory, must use the services of an advertising agency governed by Burkina Faso law, subject to reciprocity.
In addition, 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 broadcasted 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
Sources
- https://web.archive.org/web/20240715180240/https://assets.tobaccocontrollaws.org/uploads/legislation/Burkina%20Faso/Burkina-Faso-Law-No.-025-2001.pdf
- https://web.archive.org/web/20230930125228/https://www.droit-afrique.com/upload/doc/burkina/Burkina-Code-publicite-2001.pdf
- https://web.archive.org/web/20240723215501/https://academiedepolice.bf/index.php/services-en-ligne/telechargement/category/56-publicite-et-projection-video?download=84:la-loi-portant-reglementation-de...
- https://web.archive.org/web/20240228033609/https://academiedepolice.bf/index.php/telechargement/category/56-publicite-et-projection-video
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BURKINA FASO
Since November 2015
Pillar Content access |
Indicator Restrictions on online advertising
Law No. 80-2015/CNT Regulating Advertising in Burkina Faso (Loi No. 80-2015/CNT portant réglementation de la publicité au Burkina Faso)
Art. 15 of Law No. 80-2015/CNT stipulates that to engage in the advertising profession, individuals must be registered in the trade register and possess a unique financial identification number (IFU).
Coverage Advertising sector
BURKINA FASO
Since November 2008
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Law No. 061-2008/AN on the General Regulation of Electronic Communications Networks and Services (Loi No. 061-2008/AN portant réglementation générale des réseaux et services de communications électroniques au Burkina Faso)
According to Art. 130 of Law No. 061-2008/AN, no radio equipment used for the transmission, reception or transmission and reception of signals and correspondence may be imported for use in Burkina Faso unless it has been approved by the Regulatory Authority. To this end, the Authority may carry out any verification to ensure that the equipment complies with the regulations in force.
Coverage Telecom and radio equipment
BURKINA FASO
Since November 2008
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Law No. 061-2008/AN on the General Regulation of Electronic Communications Networks and Services (Loi No. 061-2008/AN portant réglementation générale des réseaux et services de communications électroniques au Burkina Faso)
Telecom companies need to submit their equipment for testing to the regulator or its delegated entity. Under Art. 130 of Law No. 061-2008/AN, no radio equipment used for the transmission, reception or transmission and reception of signals and correspondence may be manufactured, imported or marketed for use in Burkina Faso unless it has been approved by the Regulatory Authority. To this end, the Authority may carry out any verification to ensure that the equipment complies with the regulations in force. Equipment includes hardware and software used to provide electronic communications services.
Coverage Telecom and radio equipment
BURKINA FASO
Since November 2009
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 45-2009/AN Regulating Services and Electronic Transactions in Burkina Faso (Loi No. 45-2009 portant règlementation des services et des transactions électroniques au Burkina Faso)
Law No. 45-2009/AN establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 134, intermediaries are not responsible for information transmitted if they do not initiate the transmission or select the recipient of the transmission and do not select or modify the information transmitted.
Coverage Internet intermediaries
BURKINA FASO
Since November 2008
Pillar Intermediary liability |
Indicator User identity requirement
Law No. 061-2008/AN on the General Regulation of Electronic Communications Networks and Services (Loi No. 061-2008/AN portant réglementation générale des réseaux et services de communications électroniques au Burkina Faso)
According to Art. 40 of Law No. 61-2008/AN, purchasers of SIM cards must register their names and national identity numbers with telecommunications operators.
Coverage Telecommunications sector
BURKINA FASO
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Burkina Faso 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. In particular, the country has established 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, which has been ratified by 17 French-speaking States, including Burkina Faso in 2002.
Coverage Horizontal
BURKINA FASO
Since November 2008
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Law No. 061-2008/AN on the General Regulation of Electronic Communications Networks and Services (Loi No. 061-2008/AN portant réglementation générale des réseaux et services de communications électroniques au Burkina Faso)
Arts. 5.k, 74.f, 144 and 145 of the Law No. 061-2008/AN impose an obligation for passive infrastructure sharing to deliver telecom services to end users. Moreover, passive infrastructure sharing is practised in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
BURKINA FASO
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 telecom companies
The government owns 28.6% of the shares of Moov Africa Burkina.
Coverage Telecommunications sector
Sources
- https://www.brvm.org/fr/emetteurs/societes-cotees/moov-africa-burkina-faso
- https://web.archive.org/web/20181024024629/https://www.arcep.bf/download/lois/loi_no_061-2008-AN_du_27-11-2008-2.pdf
- https://www.leconomistedufaso.com/2023/05/15/onatel-sa-22-milliards-de-dividendes-fcfa-a-distribuer/
- https://www.kapitalafrik.com/2020/11/09/burkina-faso-the-telecoms-match-between-orange-and-onatel/
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