Database

Browse Database

DJIBOUTI

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of the UNCITRAL Model Law on Electronic Signatures
Djibouti 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

DJIBOUTI

Since August 2012, last amended in April 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Commercial Code of the Republic of Djibouti (Code de commerce de la République de Djibouti)
According to Art. L.1211-16 of the Commercial Code, any natural or legal person (of Djiboutian or foreign nationality) wishing to undertake commercial activities, including imports, is subject to registration in the Register of Commerce and must register with the Directorate-General of Taxation to obtain an importer's licence.
In addition, Art. 196 provides the conditions for the issuance or renewal of any import license, which must be subject to the production of the relevant proof of insurance document.
Coverage Horizontal

DJIBOUTI

Since January 2021

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Law No. 100/AN/20/8th L Bearing Creation of the Djiboutian Agency of Standards and Quality (Loi No. 100/AN/20/8ème L Portant Création de l'Agence Djiboutienne des Normes et de la Qualité)
Art. 1 of Law No. 100/An/20/8Th L establishes the Djibouti Standards and Quality Agency (ADN), which ensures the development and approval of standards, the management of metrology-related matters, and the assessment of conformity to standards. However, it is reported that the ADN is not yet operational. In practice, the Sub-Directorate of Quality Control and Standards controls conformity in conjunction with the laboratory of the Djibouti Study and Research Centre (CERD) and issues marketing licences and certificates of conformity with Djiboutian technical regulations for the products concerned, following analyses carried out by CERD.
Coverage Horizontal

DJIBOUTI

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
It is reported that Djibouti has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

DJIBOUTI

N/A

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Djibouti does not have a comprehensive regime in place for all personal data, but Art. 13 of the Constitution protects the secrecy of correspondence and all other means of communication.
Coverage Horizontal

DJIBOUTI

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Djibouti's law and jurisprudence.
Coverage Internet intermediaries

DJIBOUTI

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Djibouti's law and jurisprudence.
Coverage Internet intermediaries

DJIBOUTI

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Identity requirement for SIM cards
It is reported that passport registration is required when buying a SIM card in Djibouti, a copy is taken in the shop.
Coverage Telecommunications sector

DJIBOUTI

Reported in 2022, last reported in 2023

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that in 2021, Djibouti Telecom, the state-owned internet provider, blocked access to websites of the Association for Respect for Human Rights in Djibouti, a local NGO, and the independent streaming platform La Voix de Djibouti (LVD). Moreover, access to some social media has been restricted.
Coverage La Voix de Djibouti, social media

DJIBOUTI

Reported in 2024

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
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 3 in Djibouti for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal

DJIBOUTI

Reported in 2014

Pillar Content access  |  Sub-pillar Restrictions on online advertising
Restrictions to online advertising
It is reported that government advertising is exclusively carried by state-controlled media, as there is no effective regulation in place governing advertising practices within the media.
Coverage Horizontal

DJIBOUTI

Reported in 2022

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Licensing schemes for online services
It is reported that the government requires independent news and entertainment platforms to receive a special license from the Ministry of Communication and that this procedure makes the usage of social media difficult. It is also reported that the National Communication Commission, a branch of the Ministry of Communication, issues licenses to operate social media accounts and that it is selective in granting such licences.
Coverage Media sector, entertainment platforms, and social media

DJIBOUTI

N/A

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Authorisation regime for import procedures
It is reported that Djibouti has import restrictions in place on transceiver devices, which require authorisation from the Ministry of Communication, which is in charge of Posts and Telecommunications. A transceiver is a combination transmitter/receiver in a single package. While the term typically applies to wireless communications devices, it can also be used for transmitter/receiver devices in cable or optical fibre systems. For fibre optic transceivers, the most widely used HS Code is 851762, falling under “Machines for the reception, conversion and transmission or regeneration of voice, image or other data, including switching and routing apparatus”, a code included in the original Information Technology Agreement.
Coverage Transceiver

DJIBOUTI

Since March 1998

Pillar Telecom infrastructure & competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Law No. 13/AN/98/4ème L on the Separation of Post and Telecommunications (Loi No. 13/AN/98/4ème L Portant Séparation de la Poste et des Télécommunications)
According to Arts. 4, 5, and 8 of Law No. 13/AN/98/4ème L, there are limits to the proportion of shares that foreign investors can acquire in publicly controlled firms. Djibouti Télécom (DT), which is fully state-owned has a monopoly on the provision of telecom services and remains the country's only telecommunications operator (internet, fixed and mobile telephone services). In July 2021, the Council of Ministers announced its intention to open the capital of Djibouti Télécom, the national monopoly, to a private operator. During a meeting of the Council of Ministers in September 2021, the Government of Djibouti approved a draft law defining the terms and conditions for the legal sale of 40% of the stock of the public fixed-line and mobile telephony operator, Djibouti Télécom, to a "top-flight strategic partner".
Coverage Telecommunications sector
Sources

DJIBOUTI

Reported in 2009, last reported in 2023

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom companies
Djibouti Télécom (DT), which is fully state-owned has a monopoly on the provision of telecom services and remains the country's only telecommunications operator (internet, fixed and mobile telephone services). In July 2021, the Council of Ministers announced its intention to open the capital of Djibouti Télécom, the national monopoly, to a private operator. During a meeting of the Council of Ministers in September 2021, the Government of Djibouti approved a draft law defining the terms and conditions for the legal sale of 40% of the stock of the public fixed-line and mobile telephony operator, Djibouti Télécom, to a "top-flight strategic partner".
Coverage Telecommunications sector

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