CHAD
Since February 2015
Since February 2015
Since February 2015
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Law No. 08/PR/2015 of 2015 Concerning Electronic Transactions (Loi No. 008/PR/2015 Portant sur les Transactions Électroniques)
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)
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)
Law No-08-PR-2015 establishes a safe harbour regime for intermediaries for copyright infringements. Art. 92 prescribes for immunity of internet intermediaries provided that the service provider: (a) is not the source of the transmission; (b) does not select the recipient of the transmission; (c) does not select or modify the information that is the subject of the transmission. Under Art. 94, an intermediary service provider is not responsible for the information stored at the request of a recipient of the service provided that:
- the service provider has no actual knowledge of the illicit nature of the activity or information
- the service provider, as soon as it has such knowledge, following voluntary checks or based on serious information communicated by a third party, acts promptly to remove the information or to restore access to it impossible.
In addition, when the intermediary service provider becomes aware of the illicit content, Art. 95 mandates that they should communicate it immediately to the certification authority, which in turn approaches the public prosecutor to take necessary measures to seize the data. As long as the judicial authority has not made any decisions on the matter, the service provider can only take measures to prevent access to the information. A similar degree of safe harbour is provided under Art. 55 of Law No. 09 of 2015 on Cybersecurity and the fight against Cybercrime.
- the service provider has no actual knowledge of the illicit nature of the activity or information
- the service provider, as soon as it has such knowledge, following voluntary checks or based on serious information communicated by a third party, acts promptly to remove the information or to restore access to it impossible.
In addition, when the intermediary service provider becomes aware of the illicit content, Art. 95 mandates that they should communicate it immediately to the certification authority, which in turn approaches the public prosecutor to take necessary measures to seize the data. As long as the judicial authority has not made any decisions on the matter, the service provider can only take measures to prevent access to the information. A similar degree of safe harbour is provided under Art. 55 of Law No. 09 of 2015 on Cybersecurity and the fight against Cybercrime.
Coverage Intermediaries
Sources
- https://web.archive.org/web/20210812170356/https://arcep.td/sites/default/files/Loi-N%C2%B0-08-PR-2015.pdf
- https://web.archive.org/web/20221002201904/https://ansice.td/loi-n09-pr-2015-portant-sur-la-cybersecurite-et-la-lutte-contre-la-cybercriminalite/
- https://web.archive.org/web/20221205012440/https://www.dataguidance.com/notes/chad-data-protection-overview
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CHAD
Since February 2015
Since February 2015
Since February 2015
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 08/PR/2015 of 2015 Concerning Electronic Transactions (Loi No. 008/PR/2015 Portant sur les Transactions Électroniques)
Law No. 09/PR/2015 on Cybersecurity and the fight against Cybercrime (Loi N°009/PR/2015 portant sur la Cybersécurité et la Lutte Contre la Cybercriminalité)
Law No. 09/PR/2015 on Cybersecurity and the fight against Cybercrime (Loi N°009/PR/2015 portant sur la Cybersécurité et la Lutte Contre la Cybercriminalité)
Law No-08-PR-2015 establishes a safe harbour regime for intermediaries beyond copyright infringements. Art. 92 prescribes for immunity of internet intermediaries provided that the service provider: (a) is not the source of the transmission; (b) does not select the recipient of the transmission; (c) does not select or modify the information that is the subject of the transmission. Under Art. 94, an intermediary service provider is not responsible for the information stored at the request of a recipient of the service provided that:
- the service provider has no actual knowledge of the illicit nature of the activity or information
- the service provider, as soon as it has such knowledge, following voluntary checks or based on serious information communicated by a third party, acts promptly to remove the information or to restore access to it impossible.
In addition, when the intermediary service provider becomes aware of the illicit content, Art. 95 mandates that they should communicate it immediately to the certification authority, which in turn approaches the public prosecutor to take necessary measures to seize the data. As long as the judicial authority has not made any decisions on the matter, the service provider can only take measures to prevent access to the information. A similar degree of safe harbour is provided under Art. 55 of Law No. 09 of 2015 on Cybersecurity and the fight against Cybercrime.
- the service provider has no actual knowledge of the illicit nature of the activity or information
- the service provider, as soon as it has such knowledge, following voluntary checks or based on serious information communicated by a third party, acts promptly to remove the information or to restore access to it impossible.
In addition, when the intermediary service provider becomes aware of the illicit content, Art. 95 mandates that they should communicate it immediately to the certification authority, which in turn approaches the public prosecutor to take necessary measures to seize the data. As long as the judicial authority has not made any decisions on the matter, the service provider can only take measures to prevent access to the information. A similar degree of safe harbour is provided under Art. 55 of Law No. 09 of 2015 on Cybersecurity and the fight against Cybercrime.
Coverage Intermediaries
CHAD
Since March 2014
Pillar Intermediary liability |
Sub-pillar User identity requirement
Law No. 14 of 2014 on Electronic Communications (Loi No. 014/PR/2014 Portant sur les Communications Électroniques)
According to Art. 95 of Law No. 14 of 2014, telephone operators and internet access providers are required to ensure the identification of their subscribers. If they do not comply, they are liable to the criminal and pecuniary sanctions.
Coverage Telephone operators and internet access providers
CHAD
Reported in 2016, last reported in 2024
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
It is reported that over the period 2016-2021, authorities have restricted the internet during mobilisations, accounting for almost two and half years of internet cuts or disruptions since 2016. The latest event was reported in December 2023 and affected nearly 1.8 Million people at an approximate cost of USD 780,000 USD.
In addition, 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 2 in Chad for the year 2023. This corresponds to "The government shut down domestic access to the Internet several times this year."
In addition, 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 2 in Chad for the year 2023. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
Sources
- https://web.archive.org/web/20220309075027/https://www.amnesty.org/en/latest/news/2021/04/tchad-les-coupures-internet-une-entrave-la-liberte-dexpression/
- https://web.archive.org/web/20230330154629/https://www.bbc.com/news/world-africa-47734843
- https://docs.google.com/spreadsheets/d/1LFsgFY3bzEgMKpnby3KUf9sU0wxpmTHEReSCMBxYWZo/edit#gid=2117491235
- https://www.v-dem.net/vdemds.html
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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
CHAD
Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020
Since December 2019, entry into force in March 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organization (Règlement sur la profession de Mandataire agréé auprès de l'organization Africaine de la Propriété Intellectuelle)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organization (Règlement sur la profession de Mandataire agréé auprès de l'organization Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Chad, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/text/582620
- https://web.archive.org/web/20230327044434/http://www.oapi.int/Ressources/reglement_mandataire/REGLEMENT_PROFESSION_MANDATAIRE.pdf
- https://web.archive.org/web/20240324133233/http://www.droit-afrique.com/upload/doc/oapi/OAPI-Guide-depot-brevet.pdf
- https://web.archive.org/web/20230324154159/https://pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=TD&doc-lang=en#GENERAL%20INFO
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CHAD
Since January 1978
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Chad is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
CHAD
Since March 1977, as amended in December 2015, entry into force in November 2020
Since May 2003
Since May 2003
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)
Law No. 005/PR/2003 of 2 May 2003 on the Protection of Copyright, Neighboring Rights, and Expressions of Folklore (Loi No. 005/PR/2003 du 2 Mai 2003 Portant Protection du Droit d’Auteur, des Droits Voisins et des Expressions du Folklore)
Law No. 005/PR/2003 of 2 May 2003 on the Protection of Copyright, Neighboring Rights, and Expressions of Folklore (Loi No. 005/PR/2003 du 2 Mai 2003 Portant Protection du Droit d’Auteur, des Droits Voisins et des Expressions du Folklore)
The Revised Bangui Agreement is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Chad and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. In addition, Arts. 34-38 of Law No. 005/PR/2003 also provide for limitations on copyright.
Coverage Horizontal
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
Sources
- https://web.archive.org/web/20230528031156/https://investmentpolicy.unctad.org/investment-laws/laws/50/print/4
- https://web.archive.org/web/20231207145056/https://www.state.gov/reports/2022-investment-climate-statements/chad/
- https://web.archive.org/web/20240808165954/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S445-06.pdf&Open=True
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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