DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive data protection framework
DRC lacks a comprehensive legislative framework on data protection. However, there is a sectoral regulation. Decision No. 016/ARPTC/CLG/2006 of the College of the Regulatory Authority of Post and Telecommunications of Congo mandates operators to take necessary measures to guarantee the respect of essential requirements and, in particular, the protection of data, including personal data, privacy and confidentiality of information treated, transferred and stored (Art. 9). In addition, the Law No. 20/017 of 25 November 2020 related to telecommunications and Information and Communications Technology provides that any treatment of personal data shall be done with the consent of the concerned user or on the requisition of the state prosecutor (Articles 131) and "The collection, registration, treatment, storage and transfer of personal data shall be done upon authorisation of the concerned user or competent public authority as stipulated in Article 126 of the present law" (Art. 132).
Coverage Horizontal
Sources
- https://web.archive.org/web/20230322184557/https://www.dataguidance.com/notes/democratic-republic-congo-data-protection-overview
- https://web.archive.org/web/20220401150525/https://legalrdc.com/wp-content/uploads/2021/11/Loi-20017_Telecom-et-Tech.pdf
- https://web.archive.org/web/20240330082324/http://www.leganet.cd/Legislation/JO/2006/JO.01.08.2006.PT016.pdf
- Show more...
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Intermediary liability |
Indicator 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 DRC's law and jurisprudence.
Coverage Internet intermediaries
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in DRC's law and jurisprudence.
Coverage Internet intermediaries
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Since November 2020, entry into force in September 2021
Pillar Intermediary liability |
Indicator User identity requirement
Law No. 20/017 on Telecommunications and Information and Communication Technologies (Loi No. 20/017 du 25 novembre 2020 relative aux Télécommunications et aux Technologies de l'Information et de la Communication)
According to Art. 92 of Law No. 20/017 of 25 November 2020 relating to Telecommunications and Information and Communication Technologies, any operator of a telecommunications network open to the public or any provider of telecommunications services Internet access is required to identify its subscribers at the time of subscription to telecommunications services., In addition, Art. 93 strengthens this by indicating that no connection to the network can be granted without prior identification. Moreover, according to Art. 94, the State reserves the right to interrupt any connection of the subscriber who is not or has been misidentified.
Coverage Telecommunication sector
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Since November 2020, entry into force in September 2021
Since June 2018
Since June 2018
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Law No. 20/017 on Telecommunications and Information and Communication Technologies (Loi No. 20/017 du 25 novembre 2020 relative aux Télécommunications et aux Technologies de l'Information et de la Communication)
Ministerial Order No. 011/CAB/M-CM/LOM/2018 Modifying and Completing Order No. 04/MIP/020/96 of 26 November 1996 on Measures Applicable to Law No. 96-002 of 22 June 1996 Fixing Modalities for the Exercise of Freedom of the Press (Arrêté Ministériel No. 011/CAB/M-CM/LOM/2018 Modifiant et Complétant l’Arrêté No. 04/MIP/020/96 du 26 Novembre 1996 Portant Mesures d’Application de la Loi No. 96-002 du 22 Juin 1996 Fixant les Modalités de l’Exercice de la Liberté de Presse)
Ministerial Order No. 011/CAB/M-CM/LOM/2018 Modifying and Completing Order No. 04/MIP/020/96 of 26 November 1996 on Measures Applicable to Law No. 96-002 of 22 June 1996 Fixing Modalities for the Exercise of Freedom of the Press (Arrêté Ministériel No. 011/CAB/M-CM/LOM/2018 Modifiant et Complétant l’Arrêté No. 04/MIP/020/96 du 26 Novembre 1996 Portant Mesures d’Application de la Loi No. 96-002 du 22 Juin 1996 Fixant les Modalités de l’Exercice de la Liberté de Presse)
With the Law No. 20/017 of 2020, which governs the telecommunications sector, the government is given the power to take over the means of communication in the interest of national security. Art. 125 provides that the State may prohibit the use of telecommunication facilities, in full or in part, for any period of time, as it deems fit, in the interests of public security or national defence, the public telecommunications service, or for any other reason. In June 2018, the Minister of Posts, Telecommunications and Information signed a Ministerial Order strengthening the control of online media (Ministerial Order No 011/CAB/M-CM/LOM/2018).
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220401150525/https://legalrdc.com/wp-content/uploads/2021/11/Loi-20017_Telecom-et-Tech.pdf
- https://web.archive.org/web/20230105082840/https://www.droitcongolais.info/files/743.06.18_Arrete-du-14-juin-2018_libertedepresseModification.pdf
- https://www.apc.org/sites/default/files/UPR_DRC.pdf
- Show more...
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
The DRC lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Reported in 2024
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
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 the DRC for the year 2023. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in the Democratic Republic of Congo to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Since November 2020, entry into force in September 2021
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Law No. 20/017 on Telecommunications and Information and Communication Technologies (Loi No. 20/017 du 25 novembre 2020 relative aux Télécommunications et aux Technologies de l'Information et de la Communication)
According to Art. 40 of Law No. 20/017 on Telecommunications and Information and Communication Technologies, the legal entity benefiting from a licence must adopt the form of a Société Anonyme (‘S.A’). Without prejudice to agreements and conventions to which the Congolese State is a party, at least thirty per cent (30%) of the share capital of the aforementioned company must be allocated as follows:
- At least 25% must be held by Congolese natural or legal persons whose shares are owned by Congolese natural persons. This subscription must be paid within three years of the company’s incorporation.
- 5% is reserved for Congolese employees of the company.
In the event that the 30% threshold mentioned above is not met, the company may still be incorporated, provided the share reserved for Congolese workers is guaranteed.
- At least 25% must be held by Congolese natural or legal persons whose shares are owned by Congolese natural persons. This subscription must be paid within three years of the company’s incorporation.
- 5% is reserved for Congolese employees of the company.
In the event that the 30% threshold mentioned above is not met, the company may still be incorporated, provided the share reserved for Congolese workers is guaranteed.
Coverage Telecommunications sector
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
DRC is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Since April 2010
Since June 2010
Since June 2010
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 10/010 on Public Procurement Law (Loi No. 10/010 du 27 Avril 2010 Relative aux Marches Publics)
Decree No. 10/22 of 2 June 2010 on the Guidelines for the Application of Law Related to Public Procurement (Decret No.10/22 du 02 juin 2010 Portant Manuel de Procedures de la Loi Relative aux Marches Publics)
Decree No. 10/22 of 2 June 2010 on the Guidelines for the Application of Law Related to Public Procurement (Decret No.10/22 du 02 juin 2010 Portant Manuel de Procedures de la Loi Relative aux Marches Publics)
The 2010 Public Procurement Law provides that a public administration can limit their participation through domestic preference granted to national and regional companies. Art. 37.5 considers nationality, residency, regional presence, and cooperation partners as criteria to provide a preference that would result in a reduction in the tenderer's financial offer. Art. 86 of Decree No. 10/22, laying down guidelines for the application of the Law related to Public Procurement, requires tender offers to explicitly mention "national preference" when publishing tenders that apply this requirement.
Coverage Horizontal
Sources
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
DRC is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
DEMOCRATIC REPUBLIC OF CONGO (DRC)
Since November 2020, entry into force in September 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 20/017 on Telecommunications and Information and Communication Technologies (Loi No. 20/017 du 25 novembre 2020 relative aux Télécommunications et aux Technologies de l'Information et de la Communication)
According to Art. 40 of Law No. 20/017 on Telecommunications and Information and Communication Technologies, the legal entity benefiting from a licence must adopt the form of a Société Anonyme (‘S.A’). Without prejudice to agreements and conventions to which the Congolese State is a party, at least thirty per cent (30%) of the share capital of the aforementioned company must be allocated as follows:
- At least 25% must be held by Congolese natural or legal persons whose shares are owned by Congolese natural persons. This subscription must be paid within three years of the company’s incorporation.
- 5% is reserved for Congolese employees of the company.
In the event that the 30% threshold mentioned above is not met, the company may still be incorporated, provided the share reserved for Congolese workers is guaranteed.
- At least 25% must be held by Congolese natural or legal persons whose shares are owned by Congolese natural persons. This subscription must be paid within three years of the company’s incorporation.
- 5% is reserved for Congolese employees of the company.
In the event that the 30% threshold mentioned above is not met, the company may still be incorporated, provided the share reserved for Congolese workers is guaranteed.
Coverage Telecommunications sector
DEMOCRATIC REPUBLIC OF CONGO (DRC)
N/A
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Requirement to engage in joint ventures to invest or operate
Joint venture requirement
It is reported that, in practice, the DRC requires foreign investors to hire local agents and participate in a joint venture with the government or local partners.
Coverage Horizontal
