Database

Browse Database

SAO TOME AND PRINCIPE

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
São Tomé e Príncipe has not adopted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signature.
Coverage Horizontal

SAO TOME AND PRINCIPE

N/A

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
São Tomé e Príncipe lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal

SAO TOME AND PRINCIPE

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the United Nations (UN) Convention on the Use of Electronic Communications
São Tomé e Príncipe has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

SAO TOME AND PRINCIPE

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
São Tomé e Príncipe has not adopted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

SAO TOME AND PRINCIPE

N/A

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
São Tomé e Príncipe does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, it is reported that the country applies informally a de minimis threshold of 29 USD.
Coverage Horizontal

SAO TOME AND PRINCIPE

Reported in 2023

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Self-certification is allowed in São Tomé e Príncipe for radio transmission, electromagnetic interference (EMI) or electromagnetic compatibility (EMC). São Tomé e Príncipe allows foreign companies to self-certify that they comply with these standards, through a Supplier Declaration of Conformity (SDoC).
Coverage Electronic products

SAO TOME AND PRINCIPE

Since April 2017

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decree-Law No. 02/2017 - Copyright and Related Rights Code (Decreto Lei Nº 02/2017 - Código do Direito de Autor e Dereitos Conexos)
Art. 143 of Decree-Law No. 02/2017 states that any person who imports, manufactures and sells physical carriers for phonographic and videographic works shall inform the Directorate-General of Culture of the quantities imported, manufactured and sold, and the authors may also inspect the warehouses and factories of the physical carriers. Any person who manufactures or duplicates phonograms and videograms shall regularly and directly inform the Directorate General of Culture of the quantities of phonograms and ideograms which they manufacture or duplicate and shall produce documentary proof of the a authorization of the respective author. The Directorate-General of Culture shall define the frequency and the method of the communications above-referred.
Coverage Phonographic and videographic works

SAO TOME AND PRINCIPE

Since August 2012

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Regulation on the Registration and Identification of SIM Cards – Decree No. 20 of 2012 (Decreto Nº 20/2012 - Regulamento sobre Registo de Identificação dos Cartões SIM
Arts. 7 and 8 of Decree No. 20/2012 imposes that the purchasers of SIM cards register their names and national identity numbers before the telecommunications operators.
Coverage Telecommunications sector

SAO TOME AND PRINCIPE

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 São Tomé e Príncipe's law and jurisprudence.
Coverage Internet intermediaries

SAO TOME AND PRINCIPE

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 São Tomé e Príncipe's law and jurisprudence.
Coverage Internet intermediaries

SAO TOME AND PRINCIPE

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
São Tomé e Príncipe has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

SAO TOME AND PRINCIPE

Since May 2016

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Law No. 03/2016 - Aims to Guarantee and Protect the Personal Data of Individuals (Lei n.º 03/2016 Visa Garantir e Proteger os dados pessoais das Pessoas Singulares)
Law No. 03/2016 establishes a comprehensive data protection framework and addresses matters such as data processing notifications, data protection principles, data processor agreements, and essential data subject rights.
Coverage Horizontal

SAO TOME AND PRINCIPE

Since May 2016

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 03/2016 - Aims to Guarantee and Protect the Personal Data of Individuals (Lei Nº 03/2016 - Visa Garantir e Proteger os dados pessoais das Pessoas Singulares)
According to Art. 19 of Law No. 03/2016, cross border transfer of personal data is only permitted to countries considered to provide adequate levels of protection, as determined by the National Data Protection Agency (ANPDP). However, according to Art. 20, the transfer to a legal system that does not ensure an adequate level of protection may be carried out by notifying the ANPDP, or is permitted where the data subject has given his/her consent;
- the transfer is necessary for the performance of a contract between the data subject and the controller;
- the transfer is necessary for the performance of a contract entered into in the interest of the data subject between the controller and third party;
- the transfer is necessary or required by law for the protection of an important public interest, or for the declaration, exercise or defense of a right in legal proceedings
- the transfer is necessary to protect the vital interests of a data subject; or
- the transfer is made from a register which, according to the laws or regulations is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate legitimate interest provided conditions laid down in the law for consultation are fulfilled in each case.
In addition, the ANPDP may authorise a transfer or a set of transfers of personal data to a jurisdiction which does not ensure an adequate level of protection provided that the controller ensures adequate mechanisms to ensure the protection of privacy and the fundamental rights and freedoms of persons and of their performance, in particular by means of appropriate contractual clauses.
Coverage Horizontal

SAO TOME AND PRINCIPE

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
São Tomé e Príncipe has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. This is because São Tomé e Príncipe is not a member of the WTO, although it is an observer.
Coverage Telecommunications sector

SAO TOME AND PRINCIPE

Since August 2005

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Decree-Law No. 14/2005 - Creation and Statutes of the General Regulatory Authority (AGER) (Decreto-Lei Nº 14/2005 - Criação e Estatutos da Autoridade Geral de Regulação (AGER))
The General Regulatory Authority of the Democratic Republic of São Tomé e Príncipe (AGER) is the executive authority for the supervision and administration of services in the telecommunications sector. The authority is independent from the government in the decision-making process, as confirmed in Art. 5 of Decree-Law No. 14/2005, which states that AGER is a legal person governed by public law, with technical, administrative and financial autonomy and its own assets.
Coverage Telecommunications sector

Report issue     Report new measure