Congo has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Congo has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

There is reportedly arbitrary, irregular or uneven application of customs regulations at the border. In addition, a lack of understanding of the proper application and enforcement of customs regulations by government inspectors can contribute to difficulties for trading partners and investors.

Certification of conformity must be approved by the Congolese Agency of Normalization and Quality (ACONOQ). ACONOQ is responsible for certifying the conformity of products, goods, services, management systems, and personnel competencies to standards. Furthermore, all imports into Congo must have a conformity certificate issued by ACONOQ. Although the homologation process does not require local labouratory testing or contact with local representatives, product samples must be submitted to the authority for inspection.

Art. 145 of the Law on Electronic Communication mandates the persons or suppliers of cryptology services to disclose the technical characteristics of the source code of the software to be used by the National Agency for Information Systems Security (ANSSI).

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 Congo.

It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 12, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).

According to the Electronic Communication Law (Art. 6), electronic communications activities are exercised freely in Congo. There are no discriminatory conditions for foreign companies. However, the supply of electronic communications networks and services is conditional on obtaining, depending on the case of a licence, authorisation, agreement, declaration, or experimentation.
It is reported that in the Republic of Congo, different minimum capital requirements are established to obtain different types of licenses:
- 10.000.000.000 F.CFA for 3G and 4G (approx. USD 15,196,000);
- 11.000.000.000 F.CFA for 2G (approx. USD 16,716,000).

The Republic of Congo has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that the Electronic Communications and Postal Regulatory Authority (ARPCE), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Law No. 29-2019 states that the transfer of data abroad is possible if:
- the third country ensures a sufficient level of protection of privacy, fundamental rights and freedoms of people (Art. 23),
- the person to whom the data relates has agreed to their transfer;
- the transfer is necessary to protect that person's life, to safeguard the public interest and to execute the contract between the interested party and the data manager (Art. 24).

The Republic of Congo has not joined any free trade agreement committing to open transfers of cross-border data flows.

Law 29-2019 provides a comprehensive data protection regime in the Republic of the Congo. The Law provides that a Commission responsible for protecting personal data will be established through legislation in Congo. Personal data in the country is also regulated by the Cybersecurity Act of 2020.

Art. 83 of Law 29-2019 stipulates the mandatory appointment of a data protection officer (DPO) under the following circumstances: when data processing is conducted by a public entity; when the nature, purpose, or characteristics of the data processing necessitate regular and systematic monitoring; or when the data processing involves large-scale processing of sensitive data.

A basic legal framework on intermediary liability for copyright infringement is absent in Congo's law and jurisprudence. However, some regulations, such as Law No. 9-2009 on the Electronic Communication sector and Law No. 29-2019 on the Protection of Personal, are relevant to the subject.