Database - The Digital Trade Integration Project

Browse Database

Country Second country

Pillar

Indicator

Restrictions or enabling measures

CONGO

Regulatory restriction

Since October 2019

Pillar Cross-border data policies | Sub-pillar Conditional flow regime

Law No. 29-2019 on the Protection of Personal Data (Loi No. 29-2019 portant protection des données à caractère personnel)

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).

Coverage Horizontal

Sources

CONGO

Regulatory restriction

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

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

Coverage Horizontal

Source

https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx

CONGO

Enabling measure

Since October 2019

Pillar Domestic data policies | Sub-pillar Framework for data protection

Law No. 29-2019 on the Protection of Personal Data (Loi No. 29-2019 portant protection des données à caractère personnel)

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.

Coverage Horizontal

Sources

CONGO

Regulatory restriction

Since October 2019

Pillar Domestic data policies | Sub-pillar Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)

Law No. 29-2019 on the Protection of Personal Data (Loi No. 29-2019 portant protection des données à caractère personnel)

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.

Coverage Horizontal

Sources

CONGO

Regulatory restriction

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 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.

Coverage Internet intermediaries

Sources

CONGO

Regulatory restriction

Reported in 2015, last reported in 2023

Pillar Intellectual Property Rights (IPRs) | Sub-pillar Enforcement of copyright online

Lack of adequate enforcement of copyright online

Copyright is not adequately enforced online in the Republic of Congo. It is reported are high levels of piracy and that the Republic of Congo government computers use unlicensed software.

Coverage Software

Sources

CONGO

Regulatory restriction

N/A

Pillar Intellectual Property Rights (IPRs) | Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty

Lack of signature of the WIPO Copyright Treaty

The Republic of Congo has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Coverage Horizontal

Source

https://wipolex.wipo.int/en/treaties/ShowResults?search_what=C&treaty_id=16

CONGO

Regulatory restriction

N/A

Pillar Intellectual Property Rights (IPRs) | Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty

Lack of signature of the WIPO Performances and Phonograms Treaty

The Republic of Congo has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Coverage Horizontal

Source

https://wipolex.wipo.int/en/treaties/ShowResults?search_what=C&treaty_id=20

CONGO

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)

14.9%

Coverage rate of zero-tariffs on ICT goods (%)

0.02%

Coverage: Digital goods

Sources

CONGO

Regulatory restriction

Since November 2009

Pillar Intellectual Property Rights (IPRs) | Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code

Law No. 9-2009 of 25 November 2009 on Electronic Communication Sector (Loi No. 9-2009 du 25 Novembre 2009 Portant Réglementation du Secteur des Communications Électroniques)

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).

Coverage Cryptology service

Sources

CONGO

Regulatory restriction

N/A

Pillar Intellectual Property Rights (IPRs) | Sub-pillar Effective protection covering trade secrets

Lack of comprehensive trade secret regime

Congo 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 Congo since 2002.

Coverage Horizontal

Source

https://www.wipo.int/wipolex/en/text/582620

CONGO

Regulatory restriction

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)

The Republic of Congo is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

Coverage ICT goods

Sources

CONGO

Enabling measure

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 the Republic of Congo to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.

Coverage Telecommunications sector

Source

https://datahub.itu.int/data/?i=100014&e=

CONGO

Regulatory restriction

Since May 2009

Pillar Public procurement of ICT goods and online services | Sub-pillar Other limitations on foreign participation in public procurement

Decree No. 2009-162 (Décret No. 2009-162)

According to Art. 11 of Decree No. 2009-162, public contracts for the supply of goods or services should be open to international competitive bidding only when they have a value greater than or equal to CFAF 500 million (approx. USD 820,000).

Coverage Horizontal

Source

https://web.archive.org/web/20240725050004/https://www.sgg.cg/JO/2009/congo-jo-2009-02-sp.pdf

Report issue Report new measure