Database

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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

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
Chad has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

CHAD

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
Chad has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

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

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

CHAD

Reported in 2022, 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 the telecom sector
Groupe Sotel Tchad, the main fixed-line operator, is reportedly fully state-owned.
Coverage Telecommunications sector

CHAD

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Chad mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

CHAD

Reported in 2018

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Strict licence conditions
Airtel Chad and Tigo Chad have stated that they were obliged to comply with orders from the government to shut down the internet and limit access to social media in certain regions of the country for a period of 16 months. The operators stated that this obligation emanated from their license conditions with the ARCEP (the regulatory authority for electronic communications and postal services), which require them to cooperate with government authorities and, if necessary, restrict access to the networks in the interest of national security. The text of the agreements is not publicly available.
Coverage Telecommunications sector

CHAD

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Chad has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

CHAD

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Lack of independent telecom authority
Chad has a telecommunications authority: Electronic Communications and Postal Regulatory Authority (ARCEP). However, it is reported that this entity is not fully independent.
Coverage Telecommunications sector

CHAD

Reported in 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Screening of investments
It is reported that the government employs a holistic, project-by-project approach in its investment screening mechanisms. However, no fixed criteria or standardised methodology have been made publicly available.
Coverage Horizontal

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