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ANGOLA

Since December 2020, entry into force in January 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Law No. 41/20 Public Procurement Law (Lei N. 41/20 Lei dos Contratos Públicos)
According to Art. 54 of Law No. 41/20, foreign firms are only allowed to participate in bids for public contracts in Angola if they have a legal presence in Angola and one of the following specific conditions are met:
- The value of the contract must be equal to or greater than the amount specified in Annex III of the law, which is 182 million kwanzas (approx. USD 220,000) for goods and services and greater than 500 million kwanzas (approx. USD 600,000) for public works. Below these values, foreign companies can only participate in government procurements as a supplier or subcontractor to an Angolan company fulfilling a government contract;
- The contract must be for a service that is technically complex or specialized, and it must be reasonable to expect that no Angolan firm can provide the service adequately;
- The contract is for a conceptual project unless the contracting authority explicitly restricts foreign participation in the terms of reference.
Furthermore, Art. 13 determines that government suppliers must be registered in the centralized Angolan Government Databank.
The Public Procurement Law No. 41/20, in effect since January 2021, revoked Law No. 9/16 on Public Procurement in Angola but kept the previous restrictions on foreign participation.
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 = 'AO')\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":"40914"},{"post_id":"40915"},{"post_id":"40916"}]
"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 = 'AO')\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 = 'AO')\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"}]

ANGOLA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
8.28%
Coverage rate of zero-tariffs on ICT goods (%)
44.50%
Coverage: Digital goods

CABO VERDE

Since 2003

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
UNCITRAL Model Law on Electronic Signatures
Cabo Verde has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

CABO VERDE

Since December 2007
Since December 1998

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Decree-Law No. 46/2007, of 10 December: Approves the Advertising Code (Decreto-Lei Nº 46/2007, de 10 de dezembro: aprova o Código de Publicidade

Law No. 88/V/98 of 31 December 1998, approves the legal regime for protecting and defending consumers. (Lei Nº 88/V/98, de 31 de dezembro, aprova o regime jurídico de proteção e defesa dos consumidores)
Decree-Law No. 46/2007 and Law No. 88/V/98 provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

CABO VERDE

N/A

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

CABO VERDE

Since 2003

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Cabo Verde has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

CABO VERDE

Since September 2019

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Decree-Law No. 39/2019, of 2 September, makes the first amendment to Decree-Law No. 23/2014, of 2 April, approving the Customs Regulation Code (Decreto-Lei Nº 39/2019, de 2 de setembro: procede à primeira alteração ao Decreto-Lei Nº 23/2014, de 2 de abril, que aprova o Regulamento do Código Aduaneiro)
According to Art. 2(2)(4) and Art. 205(1)) of Decree-Law No. 39/2019, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is 10.000 Escudos (approx. USD 100). This is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

CABO VERDE

Since July 2019, entry into force in October 2019
Since March 1999, until October 2019

Pillar Online sales and transactions  |  Sub-pillar Local presence requirement for digital services providers
Legislative Decree No. 2/2019 of 23 July: Commercial Companies Code (Decreto-legislativo Nº 2/2019 de 23 de julho: Código das Sociedades Comerciais)

Legislative Decree No. 3/99: Approves the Commercial Companies Code (Decreto-Legislativo nº 3/99: Aprova o Código das Empresas Comerciais)
Art. 4 of the Commercial Companies Code provides that any company that does not have its effective headquarters in Cabo Verde, but wishes to carry out its activities in the country for more than one year, must establish a permanent representation. The previous Commercial Companies Code contained the same requirement in Art. 106.
Coverage Horizontal

CABO VERDE

Since November 1995

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Decree-Law No. 71/95 of 20 November: Radiocommunications Regime (Decreto-Lei Nº 71/95
de 20/11/95: aprova o regime das radiocomunicações)
Under Art. 23.1 of Decree-Law No. 71/95, radiocommunications transmitter or transmitter-receiver equipment cannot be sold unless it has been approved by the radiocommunications supervisory authority. Yet, third-party certification from Conformity Assessment Bodies (CABs) that are recognised by the regulator are accepted (Art. 23.4).
In addition, it is reported that telecommunication equipment requires an import permit that has been raised against a certificate of conformity and electrical goods must be accompanied by a certificate of conformity. A Declaration of Conformity confirming that goods to be imported conform to the applied national and international standards is required for certain goods. CE marked products are accepted as conforming to the required standards.
It is also reported that the Multisectoral Regulatory Agency for the Economy (ARME) and the Regulatory Agency for Health (ERIS) are responsible for inspections and certification of products entering the market.
Coverage Telecommunication equipment

CABO VERDE

Since June 1998, as amended in August 2010
Since August 2010
Since August 2018

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Law No. 56/V/98 on Medias (Lei N° 56/V/98 Da Comunicação Social)

Law No. 73/VII/2010 - Written Press and News Agency Law (Lei N° 73/VII/2010 - Lei da Imprensa Escrita e de Agência de Notícias

Decree-Law No. 47/2018 (Decreto-lei Nº 47/2018)
Arts. 39 and 40 of Law No. 56/V/98 provide that local and foreign media companies or organisations are subject to compulsory registration with the media department of the government. Art. 3 clarifies that this applies also to online media.
Pursuant to the provisions of Art. 40, the Government enacted Decree-Law No. 47/2018, which regulates the registration of media companies in general. Art. 5 of this Decree-Law states that the companies subject to registration include: periodicals, non-periodicals and digital media or companies using any type of electronic process; news companies; advertising agencies; operators of audiovisual on-demand and distribution services; organisations carrying out opinion polls and surveys; among others.
In addition, Art. 24 of Law No. 73/VII/2010 provides that public or private organisations carrying out press, publishing and news agency activities shall be subject to registration, before starting their activities. Art. 2 clarifies that this also applies to online activities.
Coverage Media sector

CABO VERDE

Since October 2005
Since August 2009

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decree-Law No. 69/2005 of 31 October 2005 approving the legal framework for internal trade (Decreto-Lei n.º 69/2005, de 31 de outubro, que aprova o Regime jurídico do Comércio Interno)

Decree-Law No. 30/2009 of 17 August (Decreto-Lei Nº 30/2009 de 17 de Agosto)
Commercial operators, i.e. importers, exporters, wholesalers, retailers, commercial agents, marketers or traders, are subject to a licensing and registration system under Decree-Law No. 69/2005 of 31 October (Arts. 19(1), 21(1) and 22(1)) and Decree-Law No. 30/2009 of 17 August (Art. 5). Commercial operators register with the Department responsible for commerce at the Conservatory of Commercial Registry and obtain an operating permit.
Coverage Horizontal

CABO VERDE

Since February 2019

Pillar Content access  |  Sub-pillar Restrictions on online advertising
Regulation No. 001/CR-ARC/2019, of 19 February, which regulates the conditions and requirements for the registration of advertising agencies subject to the jurisdiction of the State of Cabo Verde (Regulamento Nº 001/CR-ARC/2019, de 19 de fevereiro, que regulamenta as condições e os requisitos de registo das agências de publicidade sujeitas à jurisdição do Estado de Cabo Verde)
In accordance with Art. 7 of Regulation No. 001/CR-ARC/2019, organisations engaged in advertising activities may not start their activities without registering with the ARC (Media Regulatory Authority). According to Art. 3, the registration shall be accompanied by the following documents:
- An application containing information about the advertising agency (name, address and contact details of the person in charge);
- A copy of the identity card of the person in charge of the advertising agency and, in the case of representation, of the legal representative;
- A current certificate of trade registration;
- In the case of a public limited company, an itemised list of the shareholders and an indication of the number of shares held by them; and
- Proof of payment from banking services.
The Advertising Code applies to any form of advertising, regardless of the medium used to disseminate it.
Coverage Advertising sector

CABO VERDE

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 infringements is absent in Cabo Verde law and jurisprudence.
Coverage Internet intermediaries

CABO VERDE

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 Cabo Verde's law and jurisprudence.
Coverage Internet intermediaries

CABO VERDE

Since January 2001, as amended in March 2021

Pillar Domestic Data policies  |  Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Law No. 133/V/2001, of 22 January, which establishes the general legal regime for the protection of personal data of natural persons (Lei Nº 133/V/2001, de 22 de janeiro: estabelece o regime jurídico geral de proteção de dados pessoais das pessoas singulares)
Art. 29(1) of Law No. 133/V/2001, as amended in 2021, provides for an assessment of the impact of the planned processing operations on the protection of personal data whenever a particular type of processing, in particular one using new technologies, is likely to involve a high risk to the rights and freedoms of natural persons, taking into account its nature, scope, context and purpose. Moreover, Art. 30(1) of the law requires the controller and the processor to appoint a data protection officer (DPO) and Art. 30(2) allows a group of companies to appoint a single DPO.
Coverage Horizontal