Database

Browse Database

DJIBOUTI

Reported in 2023

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Identity requirement for SIM cards
It is reported that passport registration is required when buying a SIM card in Djibouti, a copy is taken in the shop.
Coverage Telecommunications sector

DJIBOUTI

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 Djibouti's law and jurisprudence.
Coverage Internet intermediaries

DJIBOUTI

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 Djibouti's law and jurisprudence.
Coverage Internet intermediaries

DJIBOUTI

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
It is reported that Djibouti has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

DJIBOUTI

N/A

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Djibouti does not have a comprehensive regime in place for all personal data, but Art. 13 of the Constitution protects the secrecy of correspondence and all other means of communication.
Coverage Horizontal

DJIBOUTI

Since February 2020

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Law No. 074/AN/20/8ème L establishing the Multisectoral Regulatory Authority of Djibouti (ARMD) (Loi N° 74/AN/20/8ème L portant création de l'autorité de régulation multisectorielle de Djibouti (ARMD))
Art. 2 of Law No. 074/AN/20/8ème L provides for the establishment of the Multisectoral Regulatory Authority of Djibouti, which is a legal entity of public law, independent, with financial autonomy and management. The Authority is responsible for inter alia telecommunications and ICT.
Coverage Telecommunications sector

DJIBOUTI

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
A general requirement for accounting and functional separation for dominant network operators has not been found in the law. Yet, some requirements apply to Djibouti Telecom, which benefits from an exclusive licence and, as of 2023, has a monopoly on national and international telecommunications throughout the country.. According to Art. 68 of Law No. 80/AN/04/5th L, the Regulatory Agency may open up the provision of telecommunications services to competition in certain markets and localities, where Djibouti Telecom may only operate through subsidiaries. In this case, pursuant to Art. 70, relations between the operator and its subsidiaries are governed by the principle of financial and accounting separation.
Coverage Telecommunications sector

DJIBOUTI

Since October 2004

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Law No. 80/AN/04/5th L Reforming the Information and Communication Technologies Sector (Loi N° 80/AN/04/5ème L Portant Réforme du Secteur des Technologies de l'Information et de la Communication)
Djibouti Telecom holds the monopoly of national and international telecommunications throughout Djibouti. In this respect, Art. 68 of Law No. 80/AN/04/5th L provides that Djibouti Telecom shall be granted an exclusive licence.
Art. 12 of the Law provides that the establishment and operation of telecommunications networks or services open to the public, using limited resources or using the public highway, is subject to obtaining a licence issued by the Minister. According to Art. 14, licences are granted if minimum conditions of continuity, quality and availability are respected, conditions for infrastructure sharing are met, a contribution is made to the cost of universal access to ICTs, specific requirements for national defence and public security are met, among others.
Art. 7.e further clarifies that the Minister issues, suspends and withdraws licences on the proposal of the Regulatory Agency under the conditions laid down by the provisions of this law.
Coverage Telecommunications sector

DJIBOUTI

Since 1994

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Djibouti has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

DJIBOUTI

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regime on trade secrets
There is no comprehensive regime regulating trade secrets in Djibouti. However, there are limited measures addressing some issues related to trade secret in Law No. 50/AN/09/6th L on the Protection of Industrial Property (Loi N° 50/AN/09/6ème L du 19 juillet 2009 portant protection de la propriété industrielle). Art. 183 bestows upon natural persons and legal entities the right to prevent information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices so long as such information: (a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; (b) has commercial value because it is secret; and (c) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.
Coverage Horizontal

DJIBOUTI

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in the country to deliver telecom services to end users, and it is not practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

DJIBOUTI

Since March 1998

Pillar Telecom infrastructure & competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Law No. 13/AN/98/4ème L on the separation of post and telecommunications (Loi N°13/AN/98/4ème L portant séparation de la poste et des télécommunications)
According to Arts. 4, 5, and 8 of Law No. 13/AN/98/4ème L, there are limits to the proportion of shares that can be acquired by foreign investors in publicly-controlled firms. Djibouti Télécom (DT), which is fully state-owned has a monopoly on the provision of telecom services and remains the country's only telecommunications operator (internet, fixed and mobile telephone services). In July 2021, the Council of Ministers announced its intention to open the capital of Djibouti Télécom, the national monopoly, to a private operator. During a meeting of the Council of Ministers in September 2021, the Government of Djibouti approved a draft law defining the terms and conditions for the legal sale of 40% of the stock of the public fixed-line and mobile telephony operator, Djibouti Télécom, to a "top-flight strategic partner".
Coverage Telecommunications sector

DJIBOUTI

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 telecom companies
Djibouti Télécom (DT), which is fully state-owned has a monopoly on the provision of telecom services and remains the country's only telecommunications operator (internet, fixed and mobile telephone services). In July 2021, the Council of Ministers announced its intention to open the capital of Djibouti Télécom, the national monopoly, to a private operator. During a meeting of the Council of Ministers in September 2021, the Government of Djibouti approved a draft law defining the terms and conditions for the legal sale of 40% of the stock of the public fixed-line and mobile telephony operator, Djibouti Télécom, to a "top-flight strategic partner".
Coverage Telecommunications sector

DJIBOUTI

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

DJIBOUTI

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Djibouti has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

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