NIGER
Since May 2020
Pillar Intermediary liability |
Indicator User identity requirement
Decree No. 2020-331/PRN/MISP/D/ACR/MPT/MJ of 08 May 2020, relating to the identification of buyers and/or users of mobile telecommunications services offered to the public (Décret No. 2020-331/PRN/MISP/D/ACR/MPT/MJ du 08 mai 2020, portant sur l'identification des acheteurs et/ou utilisateurs des services de téléphonie mobile et d'internet ouverts au public)
Arts. 2 and 3 of Law 2020-331 require proof of user identity before acquiring a SIM card and before any delivery by telecommunications companies.
Coverage Telecommunications sector
NIGER
Since April 2019
Since July 2019
Since July 2019
Pillar Intermediary liability |
Indicator Monitoring requirement
Law No. 2019-03 of 30 April 2019 on electronic transactions in Niger (Loi No. 2019-03 du 30 avril 2019, portant loi sur les transactions électronique au Niger)
Law No. 2019-33 of 3 July 2019, relating to the suppression of cybercrime in Niger (Loi No. 2019-33 du 03 juillet 2019, portant répression de la cybercriminalité au Niger)
Law No. 2019-33 of 3 July 2019, relating to the suppression of cybercrime in Niger (Loi No. 2019-33 du 03 juillet 2019, portant répression de la cybercriminalité au Niger)
On the one hand, Arts. 3 and 11 of the Law No. 2019-03 state that there is no general obligation to monitor content without prejudice to any surveillance activity requested by the Nigerien judicial authorities where this is necessary to safeguard public safety, defence, security, the repression of crimes against humanity, incitement to violence and ethnic or religious hatred, as well as pornography, in particular, child pornography, terrorism and money laundering and for the prevention, investigation, detection and prosecution of criminal offences. On the other hand, Arts. 2 and 11 of the Law state that there is an exception which applies to the Law on Cybercrime. In fact, service providers must monitor the presence of any illegal act under the Law on Cybercrime committed using a computer system. This article also defines service providers as "any public or private entity which offers users of its services to communicate by means of a computer system or any other entity that processes or stores computer data for this communication or its users".
Coverage Communication service providers
Sources
- https://web.archive.org/web/20191114164319/http://www.justice.gouv.ne/images/2019/PDF/2019_josp_n_4_ProCiv_TribCom.pdf
- https://web.archive.org/web/20240531115115/https://www.africa-laws.org/Niger/criminal%20law/Loi%20no%202019-33%20portant%20r%C3%A9pression%20de%20la%20cyber%20criminalit%C3%A9%20au%20Niger.pdf
NIGER
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Niger 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. Provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties can be found in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including Niger, in 2002.
Coverage Horizontal
NIGER
Since December 2012
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Decree 2012-527/PRN/MC/NTI of 6 December 2012 determining the practical modalities of the application of the rules and principles of sharing telecommunications infrastructures (Décret 2012-527/PRN/MC/NTI du 06 décembre 2012 déterminant les modalités pratiques d'application des règles et principes de partage des infrastructures de télécommunication)
According to Arts. 3 and 4 of the Decree 2012-527/PRN/MC/NTI, passive infrastructure sharing in the telecom sector is an obligation. When telecom operators plan to deploy their telecommunications networks or services to the public, they must prioritise any solution that involves the sharing of existing infrastructure.
Coverage Telecommunications sector
NIGER
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
Niger Telecoms is a fully state-owned telecommunications company created in 2016 by the merger of the two Nigerien state telecommunications companies, Sonitel (voice and internet via fixed telephony) and Sahelcom (voice and internet via mobile telephony).
Coverage Telecommunications sector
NIGER
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 Niger mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
NIGER
Since July 2018
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Law No. 2018‐45 of 12 July 2018 regulating electronic communications in Niger (Loi No. 2018-45 du 12 juillet 2018 portant les communications électroniques au Niger)
According to Art. 15 and 16 of the Law on Electronic Communications, the supply of telecommunications services in Niger is subjected to a licence, which requires commercial presence. In fact, according to Arts. 1 and 15, cross-border supply is prohibited. According to Art. 17, the licensing scheme is restrictive because it is open to public competition only when requested by the Minister in charge of electronic communications.
Coverage Telecommunications sector
NIGER
Since September 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 2022-743/PR/P of 29 September 2022 on the Code of Public Procurement and Delegation of Public Services (Décret No. 2022-743/PR/P 29 Septembre 2022 Portant Code des Marchés Publics et des Délégations de Services Publics)
Art. 15 of Decree No. 2022-743/PR/P states that all candidates for contracts, regardless of the award procedure, must provide evidence of their legal, technical, economic, financial, social and environmental capacity in their tender documents. The social capacity is defined by Art. 19 as the proof of a commitment to recruit Nigerien or nationals from the West African Economic and Monetary Union or proof that 40% of the contract has been subcontracted to SMEs owned by Nigerien youth or women.
Coverage Horizontal
NIGER
Since September 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 2022-743/PR/P of 29 September 2022 on the Code of Public Procurement and Delegation of Public Services (Décret No. 2022-743/PR/P 29 Septembre 2022 Portant Code des Marchés Publics et des Délégations de Services Publics)
According to Art. 112 of Decree No. 2022-743/PR/P when awarding a contract, preference up to 15% of the amount of the tender may be given to:
- A tender submitted by a national or Community enterprise;
- Any supplier that offers products of national origin or from the West African Economic and Monetary Union;
- Any supplier that undertakes to subcontract part of the contract to national undertakings.
If there is no provision for preference in the tender documents, preference will not be applicable.
Beyond this 15% preference, an additional preference of 5% is granted to craftsmen and artisans legally established in the territory of the West African Economic and Monetary Union.
Finally, the contracting authority may include in their preliminary procurement plans a percentage of the contract to be awarded to small and medium-sized national enterprises in accordance with the procurement and award procedures set out in the Decree, provided that the contract is financed from their own resources.
- A tender submitted by a national or Community enterprise;
- Any supplier that offers products of national origin or from the West African Economic and Monetary Union;
- Any supplier that undertakes to subcontract part of the contract to national undertakings.
If there is no provision for preference in the tender documents, preference will not be applicable.
Beyond this 15% preference, an additional preference of 5% is granted to craftsmen and artisans legally established in the territory of the West African Economic and Monetary Union.
Finally, the contracting authority may include in their preliminary procurement plans a percentage of the contract to be awarded to small and medium-sized national enterprises in accordance with the procurement and award procedures set out in the Decree, provided that the contract is financed from their own resources.
Coverage Horizontal
NIGER
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Niger is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
NIGER
Since June 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 2018-40 of 5 June 2018 on the regime of public-private partnership contracts (Loi No. 2018-40 du 5 juin 2018, portant régime des contrats de Partenariat Publique Privé)
Art. 39 of Law No. 2018-40 stipulates that in the case of a foreign investment in the form of a public-private partnership, 20% of the shares must be provided by nationals.
Coverage Public-private partnerships
NIGER
Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020
Since December 2019, entry into force in March 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organization (Règlement sur la profession de Mandataire agréé auprès de l'organization Africaine de la Propriété Intellectuelle)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organization (Règlement sur la profession de Mandataire agréé auprès de l'organization Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Niger, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the Profession of Authorised Agent before the OAPI.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241109070608/https://www.wipo.int/wipolex/en/text/582620
- https://web.archive.org/web/20230922235427/http://www.oapi.int/Ressources/reglement_mandataire/REGLEMENT_PROFESSION_MANDATAIRE.pdf
- https://web.archive.org/web/20220120063358/http://www.droit-afrique.com/upload/doc/oapi/OAPI-Guide-depot-brevet.pdf
- Show more...
NIGER
Since March 1993
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Niger is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
NIGER
Since March 1977, as amended in December 2015, entry into force in November 2020
Since December 2010
Since December 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)
Ordinance No. 2010-95 of 23 December 2010 relating to copyright, neighboring rights and expressions of heritage traditional cultural (Ordonnance No. 2010-95 du 23 décembre 2010 portant sur le droit d’auteur, les droits voisins et les expressions du patrimoine culturel traditionnel)
Ordinance No. 2010-95 of 23 December 2010 relating to copyright, neighboring rights and expressions of heritage traditional cultural (Ordonnance No. 2010-95 du 23 décembre 2010 portant sur le droit d’auteur, les droits voisins et les expressions du patrimoine culturel traditionnel)
Niger has a copyright regime under the Ordinance No. 2010-95. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 10-27 list the exceptions, which include free reproduction for private use, free use for teaching and scientific research, free reproduction for judicial and administrative purposes, and free use for information purposes, among others.
In addition, the Revised Bangui Agreement is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Niger and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. Nevertheless, these exceptions similarly do not conform to the fair use or fair dealing models.
In addition, the Revised Bangui Agreement is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Niger and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. Nevertheless, these exceptions similarly do not conform to the fair use or fair dealing models.
Coverage Horizontal
NIGER
Since February 1975
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Niger has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty
Coverage Horizontal
