Database

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CHAD

Since February 2015

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 007/PR/2015 on the Protection of Personal Data (Loi No. 007/PR/2015 Portant Protection des Données à Caractère Personnel)
Processing of special categories of data (including sensitive data) is prohibited unless consent of the data subject is obtained (Chapter V of Law No. 007/PR/2015 on the Protection of Personal Data). According to Art. 52, authorisation of the "Agence Nationale de Sécurité Informatique et de Certification Électronique" (ANSICE) is mandated to process this data. It is not clear how this requirement affects the capacity of companies to transfer data across borders.
Coverage Horizontal

CHAD

Since February 2015

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 007/PR/2015 on the Protection of Personal Data (Loi No. 007/PR/2015 Portant Protection des Données à Caractère Personnel)
Art. 29 of Law No. 007/PR/2015 on the Protection of Personal Data prohibits the transfer of personal data to a country that is not a member of the Economic and Monetary Community of Central Africa (CEMAC) or the Economic Community of Central African States (ECCAS) unless that state ensures a sufficient level of protection of the privacy, freedoms and fundamental rights of individuals. Certain exceptions apply (Arts. 30-33). Before any transfer of personal data abroad, it is required that the data controller informs the regulatory authority, the National Agency for Information Security and Electronic Certification (ANSICE).
Coverage Horizontal

CHAD

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Chad has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

CHAD

Since February 2015

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Law No. 007/PR/2015 on the Protection of Personal Data (Loi No. 007/PR/2015 Portant Protection des Données à Caractère Personnel)
Law Law No. 007/PR/2015 on the Protection of Personal Data provides a comprehensive regime of data protection in Chad. The Law encompasses various aspects, including general notifications related to data processing, the rights of data subjects, security obligations, and contractual requirements for data controllers and processors. Additionally, relevant regulations can be found in Decree No. 075/PR/2019, which implements the provisions of Law No. 007/PR/2015, as well as in Law No. 008/PR/2015 concerning electronic transactions, and Law No. 009/PR/ on cybersecurity and cybercrime.
Coverage Horizontal

CHAD

Since February 2015
Since December 2008

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Law No. 009/PR/2015 on Cybersecurity and the Fight Against Cybercrime (Loi No. 009/PR/2015 Portant sur la Cybersécurité et la Lutte Contre la Cybercriminalité)

Directive No. 07/08-UEAC-133-CM-18 of 19 December 2008 on the Legal Framework for the Protection of Users of Electronic Communications Networks and Services within CEMAC (Directive No. 07/08-UEAC-133-CM-18 Fixant le Cadre Juridique de la Protection des Droits des Utilisateurs de Réseaux et de Services de Communications Électroniques au Sein de la CEMAC)
Art. 61 of Law No. 009 of 2015 on Cybersecurity and Cybercrime mandates operators of information systems to retain connection and traffic data for ten years. According to Art. 4, an information system means any isolated device or set of interconnected or related devices, ensuring by itself or by one or more of its elements, according to a program, an automated data processing. This is despite the sub-regional legislation of CEMAC, to which Chad belongs, providing for a maximum duration of two years, during which the States can allow operators to keep traffic data for security reasons.
Coverage Operators of information system

CHAD

Since February 2015
Since December 2008

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Law No. 009/PR/2015 on Cybersecurity and the Fight Against Cybercrime (Loi No. 009/PR/2015 Portant sur la Cybersécurité et la Lutte Contre la Cybercriminalité)

Directive No. 07/08-UEAC-133-CM-18 of 19 December 2008 on the Legal Framework for the Protection of Users of Electronic Communications Networks and Services within CEMAC (Directive No. 07/08-UEAC-133-CM-18 Fixant le Cadre Juridique de la Protection des Droits des Utilisateurs de Réseaux et de Services de Communications Électroniques au Sein de la CEMAC)
Art. 51 of Law No. 009 of 2015 on Cybersecurity and Cybercrime mandates communications service providers to retain data that enables the identification of any person who contributed to content creation in services they provide for ten years. According to Art. 4, a communication service is a service consisting entirely or mainly of the provision of electronic communications, excluding the contents of audiovisual communication services). This is despite the sub-regional legislation of CEMAC, to which Chad belongs, providing for a maximum duration of two years, during which the States can allow operators to keep traffic data for security reasons.
Coverage Communications service providers

CHAD

Since February 2015
Since February 2015

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Law No. 08/PR/2015 of 2015 Concerning Electronic Transactions (Loi No. 008/PR/2015 Portant sur les Transactions Électroniques)

Law No. 009/PR/2015 on Cybersecurity and the Fight Against Cybercrime (Loi No. 009/PR/2015 Portant sur la Cybersécurité et la Lutte Contre la Cybercriminalité)
Law No-08-PR-2015 establishes a safe harbour regime for intermediaries for copyright infringements. Art. 92 prescribes for immunity of internet intermediaries provided that the service provider: (a) is not the source of the transmission; (b) does not select the recipient of the transmission; (c) does not select or modify the information that is the subject of the transmission. Under Art. 94, an intermediary service provider is not responsible for the information stored at the request of a recipient of the service provided that:
- the service provider has no actual knowledge of the illicit nature of the activity or information
- the service provider, as soon as it has such knowledge, following voluntary checks or based on serious information communicated by a third party, acts promptly to remove the information or to restore access to it impossible.
In addition, when the intermediary service provider becomes aware of the illicit content, Art. 95 mandates that they should communicate it immediately to the certification authority, which in turn approaches the public prosecutor to take necessary measures to seize the data. As long as the judicial authority has not made any decisions on the matter, the service provider can only take measures to prevent access to the information. A similar degree of safe harbour is provided under Art. 55 of Law No. 09 of 2015 on Cybersecurity and the fight against Cybercrime.
Coverage Intermediaries

CHAD

Since February 2015
Since February 2015

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 08/PR/2015 of 2015 Concerning Electronic Transactions (Loi No. 008/PR/2015 Portant sur les Transactions Électroniques)

Law No. 09/PR/2015 on Cybersecurity and the fight against Cybercrime (Loi No.009/PR/2015 portant sur la Cybersécurité et la Lutte Contre la Cybercriminalité)
Law No-08-PR-2015 establishes a safe harbour regime for intermediaries beyond copyright infringements. Art. 92 prescribes for immunity of internet intermediaries provided that the service provider: (a) is not the source of the transmission; (b) does not select the recipient of the transmission; (c) does not select or modify the information that is the subject of the transmission. Under Art. 94, an intermediary service provider is not responsible for the information stored at the request of a recipient of the service provided that:
- the service provider has no actual knowledge of the illicit nature of the activity or information
- the service provider, as soon as it has such knowledge, following voluntary checks or based on serious information communicated by a third party, acts promptly to remove the information or to restore access to it impossible.
In addition, when the intermediary service provider becomes aware of the illicit content, Art. 95 mandates that they should communicate it immediately to the certification authority, which in turn approaches the public prosecutor to take necessary measures to seize the data. As long as the judicial authority has not made any decisions on the matter, the service provider can only take measures to prevent access to the information. A similar degree of safe harbour is provided under Art. 55 of Law No. 09 of 2015 on Cybersecurity and the fight against Cybercrime.
Coverage Intermediaries

CHAD

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Chad does not have comprehensive trade secret legislation. Yet, there are 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 ratified by 17 French-speaking States, including Chad, since 2002.
Coverage Horizontal

CHAD

Since March 2014

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Law No. 14 of 2014 on Electronic Communications (Loi No. 014/PR/2014 Portant sur les Communications Électroniques)
According to Art. 95 of Law No. 14 of 2014, telephone operators and internet access providers are required to ensure the identification of their subscribers. If they do not comply, they are liable to the criminal and pecuniary sanctions.
Coverage Telephone operators and internet access providers

CHAD

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Chad to deliver telecom services to end users. It is practised in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

CHAD

Since January 2008, entry into force in December 2008

Pillar Telecom infrastructure & competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Law No. 006/PR/2008 Instituting the Investment Charter of the Republic of Chad (Loi No. 006/PR/2008 Instituant la Charte des Investissements de la République du Tchad)
Law No. 006/PR/2008 defines the regulation of foreign investment in Chad. It has been reported that certain sectors are closed or restricted de facto under this legislation. These include fixed telephony services, which are reserved for state enterprises. It is also reported that the only limit on foreign control is on ownership of companies deemed related to national security. Art. 11 stipulates that private investments are permitted in Chad, subject to specific provisions designed to ensure that the State's economic and social policy is respected, particularly regarding the protection of health, safety and public hygiene, social protection and environmental protection.
Coverage Fixed telephony services
"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 = 'TD')\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":"79778"},{"post_id":"79779"},{"post_id":"79780"}]
"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 = 'TD')\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 = 'TD')\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"}]

CHAD

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)
10.82%
Coverage rate of zero-tariffs on ICT goods (%)
1.09%
Coverage: Digital goods

CHAD

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)
Chad is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

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