Database

Browse Database

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Post and Telecommunications Regulatory Authority (ARPTC), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Reported in 2021, last reported in 2024

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
De facto screening
The DRC lacks a dedicated organization for screening inbound foreign investment. Instead, this responsibility falls upon the Presidency and various ministries, functioning in a de facto capacity.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since March 2023

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Ordinance-Law No. 23/010 of 13 March 2023 on the Digital Code (Ordonnance Loi N° 23/010 du 13 Mars 2023 Portant Code du Numérique)
Section 201 of the Digital Code stipulates that the transfer of personal data to a third country or international organisation requires prior authorisation from the Personal Data Protection Authority, which also undertakes continuous oversight of such transfers. The recipient must provide a level of protection that is both adequate and equivalent to that prescribed by the Digital Code’s provisions on personal data protection. However, Section 202 permits transfers to jurisdictions lacking adequate protection in specific circumstances, including where the data subject has given explicit consent, where the transfer is necessary for the execution of a contract, or where it is essential to safeguard the vital interests of the data subject or another individual, particularly when the data subject is unable, either physically or legally, to provide consent.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since January 1982

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Law No. 82-001 of January 7, 1982 on Industrial Property (Loi No. 82-001 du 7 janvier 1982 sur la Propriété Industrielle)
According to Art. 18 of Law No. 82-001 on Industrial Property, non-Congolese patent applicants domiciled abroad are obliged to indicate an address for service with a Congolese agent and to work through them.
Coverage Horizontal

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
The DRC is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CD')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"98948"},{"post_id":"98949"},{"post_id":"98950"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CD')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'CD')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

DEMOCRATIC REPUBLIC OF CONGO (DRC)

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
9.52%
Coverage rate of zero-tariffs on ICT goods (%)
0%
Coverage: ICT goods

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

DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since April 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)
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

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.
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

CYPRUS

Since June 2014
Since 2013, last amended in 2021

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Consumer Protection Law of 2021 Ν. 112(Ι)/2021 (Νομος που προβλεπει για την προστασια του καταναλωτη Ν. 112(Ι)/2021)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Law of 2021 Ν.112(Ι)/2021. The law gives the Consumer Protection Service wider authority to impose sanctions, including administrative fines, and to apply to the court for injunctions in cases of violations. The legislation consolidates the laws in relation to consumer rights, unfair commercial practices, misleading and comparative advertising, unfair terms in contracts, indication of product prices, conditions for the sale of goods at discount prices, and product guarantees.
Coverage Horizontal

CYPRUS

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Cyprus has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

CYPRUS

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Cyprus has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

Report issue     Report new measure