CABO VERDE
Since 2003
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Cabo Verde has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
CABO VERDE
Since June 1998, as amended in August 2010
Since August 2010
Since August 2018
Since August 2010
Since August 2018
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Law No. 56/V/98 on Media (Lei No. 56/V/98 Da Comunicação Social)
Law No. 73/VII/2010 - Written Press and News Agency Law (Lei No. 73/VII/2010 - Lei da Imprensa Escrita e de Agência de Notícias)
Decree-Law No. 47/2018 (Decreto-Lei No. 47/2018)
Law No. 73/VII/2010 - Written Press and News Agency Law (Lei No. 73/VII/2010 - Lei da Imprensa Escrita e de Agência de Notícias)
Decree-Law No. 47/2018 (Decreto-Lei No. 47/2018)
Arts. 39 and 40 of Law No. 56/V/98 provide that local and foreign media companies or organisations are subject to compulsory registration with the media department of the government. Art. 3 clarifies that this applies also to online media.
Pursuant to the provisions of Art. 40, the Government enacted Decree-Law No. 47/2018, which regulates the registration of media companies in general. Art. 5 of this Decree-Law states that the companies subject to registration include: periodicals, non-periodicals and digital media or companies using any type of electronic process; news companies; advertising agencies; operators of audiovisual on-demand and distribution services; organisations carrying out opinion polls and surveys; among others.
In addition, Art. 24 of Law No. 73/VII/2010 provides that public or private organisations carrying out press, publishing and news agency activities shall be subject to registration before starting their activities. Art. 2 clarifies that this also applies to online activities.
Pursuant to the provisions of Art. 40, the Government enacted Decree-Law No. 47/2018, which regulates the registration of media companies in general. Art. 5 of this Decree-Law states that the companies subject to registration include: periodicals, non-periodicals and digital media or companies using any type of electronic process; news companies; advertising agencies; operators of audiovisual on-demand and distribution services; organisations carrying out opinion polls and surveys; among others.
In addition, Art. 24 of Law No. 73/VII/2010 provides that public or private organisations carrying out press, publishing and news agency activities shall be subject to registration before starting their activities. Art. 2 clarifies that this also applies to online activities.
Coverage Media sector
Sources
- https://web.archive.org/web/20241128145823/https://www.arc.cv/arc/upload/legislacao/lesgi_5eeca225270c65.5610594095.pdf
- https://kiosk.incv.cv/V/2010/8/16/1.1.31.148/p1125
- https://web.archive.org/web/20240616154220/https://www.arc.cv/arc/upload/legislacao/lesgi_5d4069859b41f5.81270855167.pdf
- Show more...
CABO VERDE
Since October 2005
Since August 2009
Since August 2009
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decree-Law No. 69/2005 of 31 October, Approving the Legal Framework for Internal Trade (Decreto-Lei No. 69/2005, de 31 de outubro, que aprova o Regime jurídico do Comércio Interno)
Decree-Law No. 30/2009 of 17 August (Decreto-Lei No. 30/2009 de 17 de agosto)
Decree-Law No. 30/2009 of 17 August (Decreto-Lei No. 30/2009 de 17 de agosto)
Commercial operators, i.e. importers, exporters, wholesalers, retailers, commercial agents, marketers or traders, are subject to a licensing and registration system under Decree-Law No. 69/2005 (Arts. 19.1, 21.1 and 22.1) and Decree-Law No. 30/2009 (Art. 5). Commercial operators have to register with the Department responsible for commerce at the Conservatory of Commercial Registry and obtain an operating permit.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221118143513/https://www.wto.org/english/tratop_e/tpr_e/s322_e.pdf
- https://i-tip.wto.org/goods/Forms/MemberView.aspx?data=default
- https://web.archive.org/web/20210301155632/http://igae.cv/igae/wp-content/uploads/2019/04/Dec.-Lei-30-2009-de-17-de-Ago.-regime-de-vistoria-a-estabelecimentos-comerciais-e-o-regime-de-declara%C3%A7%C3...
- https://web.archive.org/web/20241128150545/https://caboverde.eregulations.org/media/lei%2069%20de%202005%20-%20registo%20juridico%20de%20comercio%20interno%20nacional.pdf
- Show more...
CABO VERDE
Since November 1995
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Decree-Law No. 71/95 of 20 November: Radiocommunications Regime (Decreto-Lei No. 71/95 de 20/11/95: aprova o regime das radiocomunicações)
Under Art. 23.1 of Decree-Law No. 71/95, radiocommunications transmitter or transmitter-receiver equipment cannot be sold unless the radiocommunications supervisory authority has approved it. Yet, third-party certification from Conformity Assessment Bodies (CABs) that the regulator recognises is accepted (Art. 23.4).
In addition, it is reported that telecommunication equipment requires an import permit that has been raised against a certificate of conformity, and a certificate of conformity must accompany electrical goods. A Declaration of Conformity confirming that goods to be imported conform to the applied national and international standards is required for certain goods. CE-marked products are accepted as conforming to the required standards.
It is also reported that the Multisectoral Regulatory Agency for the Economy (ARME) and the Regulatory Agency for Health (ERIS) are responsible for inspecting and certifying products entering the market.
In addition, it is reported that telecommunication equipment requires an import permit that has been raised against a certificate of conformity, and a certificate of conformity must accompany electrical goods. A Declaration of Conformity confirming that goods to be imported conform to the applied national and international standards is required for certain goods. CE-marked products are accepted as conforming to the required standards.
It is also reported that the Multisectoral Regulatory Agency for the Economy (ARME) and the Regulatory Agency for Health (ERIS) are responsible for inspecting and certifying products entering the market.
Coverage Telecommunication equipment
CABO VERDE
Since September 2019
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Decree-Law No. 39/2019 of 2 September, Making the First Amendment to Decree-Law No. 23/2014 of 2 April, Approving the Customs Regulation Code (Decreto-Lei No. 39/2019, de 2 de setembro: procede à primeira alteração ao Decreto-Lei No. 23/2014, de 2 de abril, que aprova o Regulamento do Código Aduaneiro)
According to Art. 2.2.4 and Art. 205.1 of Decree-Law No. 39/2019, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is 10.000 Escudos (approx. USD 100). This is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
- https://kiosk.incv.cv/V/2014/4/2/2.1.23.1835/
- https://web.archive.org/web/20230324231059/https://www.aac.cv/documento/opendoc/1568304114_pt.pdf
- Show more...
CABO VERDE
Since July 2019, entry into force in October 2019
Pillar Online sales and transactions |
Sub-pillar Local presence requirements for digital services providers
Legislative Decree No. 2/2019 of 23 July: Commercial Companies Code (Decreto-Legislativo No. 2/2019 de 23 de julho: Código das Sociedades Comerciais)
Art. 4 of the Commercial Companies Code states that any company that does not have its effective headquarters in Cabo Verde but wishes to carry out its activities there for more than one year must establish a permanent representation. The previous Commercial Companies Code contained the same requirement in Art. 106.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241128134919/https://www.procapital.cv/uploads/files/Decreto-legislativo%20n%C2%BA%2022019%20-%20Legisla%C3%A7%C3%A3o%20de%20C%C3%B3digo%20de%20Empresas%20Comercias.pdf
- https://web.archive.org/web/20210125165530/https://caboverde.eregulations.org/media/decreto%20legislativo%203.99%20%20c%C3%B3digo%20das%20empresas%20comerciais.pdf
- https://web.archive.org/web/20210302031815/https://www.arme.cv/index.php?option=com_jdownloads&task=download.send&id=412&catid=145&m=0&Itemid=741
- Show more...
CABO VERDE
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 Cabo Verde's law and jurisprudence.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://digitalpolicyalert.org/
- https://web.archive.org/web/20230118160443/https://unctad.org/system/files/official-document/dtlstict2015d2_en.pdf
- Show more...
CABO VERDE
Since February 2019
Pillar Content access |
Sub-pillar Restrictions on online advertising
Regulation No. 001/CR-ARC/2019 of 19 February, Regulating the Conditions and Requirements for the Registration of Advertising Agencies Subject to the Jurisdiction of the State of Cabo Verde (Regulamento No. 001/CR-ARC/2019, de 19 de fevereiro, que regulamenta as condições e os requisitos de registo das agências de publicidade sujeitas à jurisdição do Estado de Cabo Verde)
In accordance with Art. 7 of Regulation No. 001/CR-ARC/2019, organisations engaged in advertising activities may not start their activities without registering with the ARC (Media Regulatory Authority). According to Art. 3, the registration shall be accompanied by the following documents:
- An application containing information about the advertising agency (name, address and contact details of the person in charge);
- A copy of the identity card of the person in charge of the advertising agency and, in the case of representation, of the legal representative;
- A current certificate of trade registration;
- In the case of a public limited company, an itemised list of the shareholders and an indication of the number of shares held by them; and
- Proof of payment from banking services.
The Advertising Code applies to any form of advertising, regardless of the medium used to disseminate it.
- An application containing information about the advertising agency (name, address and contact details of the person in charge);
- A copy of the identity card of the person in charge of the advertising agency and, in the case of representation, of the legal representative;
- A current certificate of trade registration;
- In the case of a public limited company, an itemised list of the shareholders and an indication of the number of shares held by them; and
- Proof of payment from banking services.
The Advertising Code applies to any form of advertising, regardless of the medium used to disseminate it.
Coverage Advertising sector
CABO VERDE
Since April 2009, last amended in November 2017
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Decree-Law No. 1/2009 of 27 April 2009, on the Revision of Copyright Law (Decreto-Legislativo No. 1/2009 de 27 de abril de 2009, sobre a Revisão da Lei dos Direitos do Autor)
Cabo Verde has a copyright regime under Decree-Law No. 1/2009. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 62 lists the exceptions, which include: the purposes of research or private study by the person using the work; the use in a private event that is not for profit and for which entry is not charged; the review or news reporting; the reproduction by photographic or similar processes, when carried out for didactic purposes by public or private libraries or centres; the use in documentation files of general interest or public institutions with a scientific or technological vocation; or the use by educational establishments; the reproduction of works, permanently exposed to the public through images or reports for academic use; the reproduction of an arrangement or translation exclusively for individual and private use; quotations from copyright work and critics; speeches and lectures before the media; performance of hymns, as well as works of a religious character; private reproduction of an arrangement or translation exclusively for an individual; among others.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/text/504237
- https://web.archive.org/web/20210301155712/http://igae.cv/igae/wp-content/uploads/2019/04/Decreto-Legislativo-1-2009-de-27-de-Abril-Lei-dos-Direitos-de-Autor-1-Vers%C3%A3o-consolidada.pdf
- https://www.wipo.int/wipolex/en/text/504247
- https://web.archive.org/web/20241128134326/https://kb-wordpress.gov.cv/wp-content/uploads/2020/05/cv028pt-1.pdf
- https://web.archive.org/web/20230325062933/https://intellectual-property-helpdesk.ec.europa.eu/system/files/2022-02/Africa_helpdesk_IP-Country-Fiche_CABO-VERDE.pdf
- https://web.archive.org/web/20230528113947/https://www.wipo.int/edocs/mdocs/copyright/en/wipo_cr_nbo_19/wipo_cr_nbo_19_education.pdf
- Show more...
CABO VERDE
Since May 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Cabo Verde has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
CABO VERDE
Since May 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Cabo Verde has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
CABO VERDE
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Cabo Verde lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Art. 271 of Legislative Decree No. 4/2007 of 20 August 2007, approving the Intellectual Property Code (Decreto-Legislativo No. 4/2007, de 20 de Agosto, que aprova o Código da Propriedade Intelectual) states that it is an administrative offence to disclose, acquire or use a competitor's business secrets without their consent, provided that the information:
- is secret, in the sense that it is not generally known or easily accessible, in its entirety or in the exact configuration and connection of its constituent elements, to persons in the circles that normally deal with the type of information in question;
- has commercial value by virtue of its secrecy;
- has been the subject of considerable efforts, appropriate to the circumstances, by the person lawfully in control of the information to keep it secret.
- is secret, in the sense that it is not generally known or easily accessible, in its entirety or in the exact configuration and connection of its constituent elements, to persons in the circles that normally deal with the type of information in question;
- has commercial value by virtue of its secrecy;
- has been the subject of considerable efforts, appropriate to the circumstances, by the person lawfully in control of the information to keep it secret.
Coverage Horizontal
CABO VERDE
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Cabo Verde to deliver telecom services to end users, nor is passive infrastructure sharing practised in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
CABO VERDE
Reported in 2019
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government directly owns 3.4% of the shares in Cabo Verde Telecom. The government also indirectly owns shares in Cabo Verde Telecom for a total of 78.6% of shares through the following public companies: National Institute of Social Security (INPS) (57.9%), Airports and Aviation Security (ASA) (20%) and Cape Verde Post Office (CCV) (0.7%).
Coverage Telecommunications sector
Sources
CABO VERDE
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Cabo Verde does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation to separate the accounts since 2005. According to Art. 39 of Legislative Decree No. 7/2005, operators who provide publicly available electronic communications networks or services and enjoy special or exclusive rights for the provision of services in other sectors must:
- Have a separate accounting system for the activities of providing electronic communications networks or services, which must be subject to an independent audit to be carried out by an entity to be appointed by the "Autoridade Reguladora Nacional" (ARN, National Regulatory Authority) or accepted by it; and
- Create legally separate entities for the corresponding activities to identify, based on the respective calculations and the allocation methods used, all the elements of expenditure and revenue linked to these activities, including a detailed breakdown of fixed assets and structural costs.
- Have a separate accounting system for the activities of providing electronic communications networks or services, which must be subject to an independent audit to be carried out by an entity to be appointed by the "Autoridade Reguladora Nacional" (ARN, National Regulatory Authority) or accepted by it; and
- Create legally separate entities for the corresponding activities to identify, based on the respective calculations and the allocation methods used, all the elements of expenditure and revenue linked to these activities, including a detailed breakdown of fixed assets and structural costs.
Coverage Telecommunications sector