SAO TOME AND PRINCIPE
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor 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 harbor 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
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 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.
- 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 and 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 and competition |
Sub-pillar Presence of 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
SAO TOME AND PRINCIPE
Reported in 2022
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government owns 49% of the shares of Companhia Santomense de Telecomunicações, SARL (CST).
Coverage Telecommunications sector
SAO TOME AND PRINCIPE
Since August 2007
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
São Tomé e Príncipe does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation since 2007, according to Arts. 6.1 and 25 of Law No. 24/2007.
Coverage Telecommunications sector
SAO TOME AND PRINCIPE
Since January 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonogram Treaty
São Tomé e Príncipe has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SAO TOME AND PRINCIPE
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
São Tomé e Príncipe lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Art. 1 of Law No. 02/2017 states that protected literary and artistic works include computer programs, while Art. 278 of Decree No. 23/2016 states that the disclosure, acquisition or use of business secrets of a competitor without its consent constitutes an offence punishable under the Code. Additionally, Art. 280 establishes that the offences are punishable with fines of Dbs 5 Million to Dbs 50 Million (approx. 200 USD to 2,200 USD) for individuals and Dbs 25 Million to Dbs 250 Million (approx. 1,110 USD to 11,150 USD) for corporate entities.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since May 2013
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Decree No. 6/2013 - Approving the granting of an exploration licence to UNITEL STP, S:A:R:L. (Decreto Nº 6/2013 - Aprova a atribuição de Licença de Exploração de Comunicação a UNITEL STP, S:A:R:L.)
There is an obligation for passive infrastructure sharing in São Tomé e Príncipe to deliver telecom services to end users under Art. 8.8 of Decree No. 6/2013. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
SAO TOME AND PRINCIPE
Since July 2008
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
São Tomé e Príncipe is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SAO TOME AND PRINCIPE
Since April 2017
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Decree-Law No. 02/2017 - Copyright and Related Rights Code (Decreto Lei Nº 02/2017 - Código do Direito de Autor e Dereitos Conexos)
São Tomé e Príncipe has a copyright regime under the Copyright Code of 2017. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 75 lists the exceptions, which include reproduction and making available to the public by means of social communication and for the purposes of information; reproduction for scientific research purposes; reproduction as part of teaching activities; reporting current events; among others.
Coverage Horizontal