GAMBIA
Since July 2022
Since July 2003, last amended in August 2019
Since July 2003, last amended in August 2019
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
The Gambia Public Procurement Act, 2022
The Gambia Public Procurement Authority Regulations, 2019
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.
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
Sources
- https://web.archive.org/web/20240906135550/https://faolex.fao.org/docs/pdf/gam217343.pdf
- https://web.archive.org/web/20221223052511/https://nao.gm/wp-content/uploads/2020/11/GPPA-Regulations-2019.pdf
- https://web.archive.org/web/20241211203531/https://www.africa-press.net/gambia/all-news/gppa-review-procurement-regulation
- Show more...
GABON
Reported in 2023
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 80, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
GABON
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
Gabon does not have a legal framework that applies consumer protection to online transactions.
Coverage Horizontal
GABON
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
Gabon has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
GABON
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Gabon 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
GABON
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Gabon 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
GABON
Since December 2018, enter into force in March 2019
Since June 2019
Since June 2019
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Regulation No. 02/18/CEMAC/UMAC/CM of 21 December 2018 on Foreign Exchange Regulations in CEMAC (Règlement No. 02/18/CEMAC/UMAC/CM du 21 Décembre 2018 Portant Réglementation des Changes dans la CEMAC)
Instruction No. 8/GR/2019 on the Conditions and Modalities for the Use of Electronic Payment Instruments Outside CEMAC (Instruction No. 008/GR/2019 Relative aux Conditions et Modalités d'Utilisation à l'Extérieur de la CEMAC des Instruments de Paiement Électronique)
Instruction No. 8/GR/2019 on the Conditions and Modalities for the Use of Electronic Payment Instruments Outside CEMAC (Instruction No. 008/GR/2019 Relative aux Conditions et Modalités d'Utilisation à l'Extérieur de la CEMAC des Instruments de Paiement Électronique)
According to the Instruction No. 8/GR/2019 issued by the Governor of the Bank of Central African States to facilitate the interpretation and implementation of the Economic and Monetary Community of Central Africa (CEMAC) Regulation 02/18/CEMAC/UMAC/CM, there is a limit of 1 million XAF (approx. USD 1,700) per month and per person for the remote settlement of transactions, including online payments. According to Arts. 7-8, justification needs to be provided above this limit. The Instruction provides guidance on the provision of Art. 34 of the Regulation, which implements certain limits for using electronic payment instruments outside the CEMAC and applies to the six CEMAC member states, including Gabon.
Coverage Electronic payment instruments
Sources
- https://web.archive.org/web/20240225073742/https://www.droit-afrique.com/uploads/CEMAC-Reglement-2018-02-changes.pdf
- https://web.archive.org/web/20221125221459/https://www.beac.int/wp-content/uploads/2020/07/Instruction-n%C2%B008-GR-2019-on-the-conditions-and-modalities-for-use-of-electronics-payment-instrument-outs...
- https://web.archive.org/web/20231207191251/https://clarenceabogados.com/client-alert/beac-instructions-to-foreign-exchange-regulations/
- https://web.archive.org/web/20241128140950/https://www.anif.cm/images/pdfanif/reglement_anglais.pdf
- Show more...
GABON
Reported in 2023, last reported in 2024
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
It is reported that during the 2023 elections, the Gabonese government announced an indefinite restriction of internet access. Additionally, French media channels were banned during this period. Following a post-election coup, internet access was restored.
In addition, the indicator "6.2.4 - 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 Gabon for the year 2023. This corresponds to "The government shut down domestic access to the Internet several times this year."
In addition, the indicator "6.2.4 - 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 Gabon for the year 2023. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
Sources
- https://web.archive.org/web/20231208182639/https://www.aa.com.tr/en/africa/internet-blackout-continues-in-gabon-amid-delays-in-release-of-election-results/2978061
- https://web.archive.org/web/20230906085003/https://therecord.media/gabon-internet-restored-after-coup
- https://www.v-dem.net/vdemds.html
- Show more...
GABON
Since February 2013
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Order No. 000198/MENCP/MPMEAC/MEEDD of 20 February 2013 Determining the Procedure for Importing Telecommunications Equipment in the Gabonese Republic (Arrêté No. 000198/MENCP/MPMEAC/MEEDD du 20 Février 2013 Déterminant la Procédure d'Importation d'Équipements des Télécommunications en République Gabonaise)
According to Art. 3 of Order No. 000198/MENCP/MPMEAC/MEEDD determining the procedure for importing telecommunications equipment into the Gabonese Republic, any import of telecommunications equipment or material, including any transmission medium, except those used for the needs of National defence and Public Security and those dedicated to the production and programming activities of sound or television broadcasting, is subject to the presentation of a Special Import authorisation (ASI) issued jointly by ARCEP and the General Directorate of Commerce.
Coverage Telecommunication equipment
GABON
Since January 2016
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Order No. 053/MMI/MDDEPIP of 25 January 2016 Setting the Entry into Force of Controls Relating to the Assessment of Conformity with the Standards of Imported Products (Arrêté No. 053/MMI/MDDEPIP du 25 Janvier 2016 Fixant l’Entrée en Vigueur des Contrôles Portant sur l’Évaluation de Conformité aux Normes des Produits Importés)
According to Art. 4 of the Order No. 053/MMI/MDDEPIP of January 25, 2016, setting the entry into force of the controls relating to the assessment of conformity with the standards of imported products, ICT products are part of the goods which are subject to the pre-shipment conformity assessment (HS2012: Chapters 84; 85; 90 and 95). A third-party certificate is accepted to request a certificate of conformity.
According to Art. 7, imports from countries whose agencies in charge of standardisation have a mutual recognition agreement with the Gabonese Standardisation Agency (AGANOR) are technically exempt and benefit from a simplified procedure. It is reported that the homologation process in Gabon does not require local laboratory testing or contact with local representatives.
According to Art. 7, imports from countries whose agencies in charge of standardisation have a mutual recognition agreement with the Gabonese Standardisation Agency (AGANOR) are technically exempt and benefit from a simplified procedure. It is reported that the homologation process in Gabon does not require local laboratory testing or contact with local representatives.
Coverage ICT goods
Sources
- https://web.archive.org/web/20241010024923/https://aganorgabon.com/wp-content/uploads/2020/10/Arrete-053-MMI-MDDEPIP_Entree-en-vigeur-PROGEC.pdf
- https://web.archive.org/web/20221110085903/https://verigates.bureauveritas.com/sites/verigates/files/2019-09/VoC-%20Gabon%20-%20Flyer%20-%20Export%20-%201.2%20fr.pdf
- https://web.archive.org/web/20230922220347/https://ib-lenhardt.com/type-approval/gabon
- Show more...
GABON
Since February 2018
Since February 2018
Since February 2018
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Ordinance No. 00000015/PR/2018 of 23 February 2018 Regulating Cybersecurity and the Fight Against Cybercrime in the Gabonese Republic (Ordonnance No. 00000015/PR/2018 du 23 Février 2018 Portant Réglementation de la Cybersécurité et de la Lutte Contre la Cybercriminalité en République Gabonaise)
Ordinance No. 00000014/PR/2018 of 23 February 2018 Regulating Electronic Transactions in the Gabonese Republic (Ordonnance No. 00000014/PR/2018 du 23 Février 2018 Portant Réglementation des Transactions Électroniques en République Gabonaise)
Ordinance No. 00000014/PR/2018 of 23 February 2018 Regulating Electronic Transactions in the Gabonese Republic (Ordonnance No. 00000014/PR/2018 du 23 Février 2018 Portant Réglementation des Transactions Électroniques en République Gabonaise)
According to Art. 30 of Ordinance No. 00000015/PR/2018 of 23 February 2018 regulating cybersecurity and the fight against cybercrime in the Gabonese Republic, the service provider or the person providing or importing a cryptology service has to make it available to the competent cryptology authority a description of the technical characteristics of this means of cryptology, as well as the source code of the software used.
However, according to Art. 85, Ordinance No. 00000014/PR/2018 of 23 February 2018 regulating electronic transactions in the Gabonese Republic, the competent authority does not deviate from international technical standards. It is published in the Official Journal or any other legal announcement medium, and the list of international technical standards on the means and services of cryptology is recognised in Gabon.
However, according to Art. 85, Ordinance No. 00000014/PR/2018 of 23 February 2018 regulating electronic transactions in the Gabonese Republic, the competent authority does not deviate from international technical standards. It is published in the Official Journal or any other legal announcement medium, and the list of international technical standards on the means and services of cryptology is recognised in Gabon.
Coverage Cryptology services
GABON
Since February 2018
Pillar Cross-border data policies |
Indicator Local storage requirement
Ordinance No. 00000015/PR/2018 of 23 February 2018 Regulating Cybersecurity and the Fight Against Cybercrime in the Gabonese Republic (Ordonnance No. 00000015/PR/2018 du 23 Février 2018 Portant Réglementation de la Cybersécurité et de la Lutte Contre la Cybercriminalité en République Gabonaise)
Art. 19 of the Ordinance Regulating Cybersecurity and the Fight Against Cybercrime mandates electronic communication network operators and information systems operators to host a copy of their connection and traffic data in the national territory.
Coverage Electronic communication network operators and information systems operators
GABON
Since February 2018
Pillar Cross-border data policies |
Indicator Infrastructure requirement
Ordinance No. 00000015/PR/2018 of 23 February 2018 Regulating Cybersecurity and the Fight Against Cybercrime in the Gabonese Republic (Ordonnance No. 00000015/PR/2018 du 23 Février 2018 Portant Réglementation de la Cybersécurité et de la Lutte Contre la Cybercriminalité en République Gabonaise)
Art. 12 of the Ordinance Regulating Cybersecurity and the Fight Against Cybercrime requires electronic communications network operators to have an operational management centre for their infrastructures in the national territory.
Coverage Electronic communication network operators and information systems operators
GABON
Since September 2011, entry into force in October 2011
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law No. 001/2011 on the Protection of Personal Data (Loi No. 001/2011 Relative à la Protection des Données à Caractère Personnel)
Art. 47 of Chapter IV of the Data Protection Law prohibits collecting or processing sensitive data (that is, data which reveal racial or ethnic origins, political, philosophical, or religious opinions or trade union membership of data subjects, or which relate to their health or sex life) barring certain exceptions, such as under explicit consent of the data subject as guided by the law, and when it serves the purposes of preservation of life.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240531231745/https://www.afapdp.org/wp-content/uploads/2012/01/Gabon-Loi-relative-%C3%A0-la-protection-des-donn%C3%A9es-personnelles-du-4-mai-20111.pdf
- https://web.archive.org/web/20230330050539/https://www.dataguidance.com/notes/gabon-data-protection-overview
- https://web.archive.org/web/20230326183612/https://www.dlapiperdataprotection.com/index.html?t=law&c=GA
- Show more...
GABON
Since September 2011, entry into force in October 2011
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law No. 001/2011 on the Protection of Personal Data (Loi No. 001/2011 Relative à la Protection des Données à Caractère Personnel)
According to Art. 94 of the Data Protection Law, the transfer of personal data to another country is prohibited unless the destination country ensures an adequate level of privacy protection and protection of fundamental rights and freedoms of individuals with regard to the processing operation. Determination of adequacy is a prerogative of the Gabon Data Protection Authority (the Commission Nationale pour la Protection des Données à Caractère Personnel (CNPDCP)), taking into consideration the following factors:
-the legal provisions existing in the country in question;
-the security measures enforced;
-the specific circumstances of the processing (such as the purpose and duration thereof); and
-the nature, origin, and destination of the data.
As an alternative to the 'adequacy' criteria, data controllers may transfer data if the data subject has consented expressly to its transfer; the transfer is necessary to save that person's life; the transfer is necessary to safeguard public interest; the transfer is necessary to ensure the right of defence in a court of law; or the transfer is necessary for the performance of a contract between the data subject and the data controller, at the request of the data subject, or for the performance of a contract between the data controller and a third party in the interest of the data subject (Art. 95).
-the legal provisions existing in the country in question;
-the security measures enforced;
-the specific circumstances of the processing (such as the purpose and duration thereof); and
-the nature, origin, and destination of the data.
As an alternative to the 'adequacy' criteria, data controllers may transfer data if the data subject has consented expressly to its transfer; the transfer is necessary to save that person's life; the transfer is necessary to safeguard public interest; the transfer is necessary to ensure the right of defence in a court of law; or the transfer is necessary for the performance of a contract between the data subject and the data controller, at the request of the data subject, or for the performance of a contract between the data controller and a third party in the interest of the data subject (Art. 95).
Coverage Horizontal
Sources
- https://web.archive.org/web/20240531231745/https://www.afapdp.org/wp-content/uploads/2012/01/Gabon-Loi-relative-%C3%A0-la-protection-des-donn%C3%A9es-personnelles-du-4-mai-20111.pdf
- https://web.archive.org/web/20230330050539/https://www.dataguidance.com/notes/gabon-data-protection-overview
- https://web.archive.org/web/20230326183612/https://www.dlapiperdataprotection.com/index.html?t=law&c=GA
- Show more...
