CABO VERDE
Since November 1995
Pillar Technical standards applied to ICT goods 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)
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.
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
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)
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.
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
Since August 2009
Pillar Quantitative trade restrictions for ICT goods 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)
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
Sources
- https://www.wto.org/english/tratop_e/tpr_e/s322_e.pdf
- https://i-tip.wto.org/goods/Forms/MemberView.aspx?data=default
- http://igae.cv/igae/wp-content/uploads/2019/04/Dec.-Lei-30-2009-de-17-de-Ago.-regime-de-vistoria-a-estabelecimentos-comerciais-e-o-regime-de-declara%C3%A7%C3%A3o-pr%C3%A9via.pdf
- https://caboverde.eregulations.org/media/lei%2069%20de%202005%20-%20registo%20juridico%20de%20comercio%20interno%20nacional.pdf
- Show more...
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.
- 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 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 infringements is absent in Cabo Verde law and jurisprudence.
Coverage Internet intermediaries
CABO VERDE
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 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
CABO VERDE
Since January 2001, last amended in March 2021
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Law No. 133/V/2001, of 22 January: 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 a pessoas singulares)
Art. 19 of Law No. 133/V/2001 provides that transfer of personal data outside of Cabo Verde is only permissible if the foreign country ensures an adequate level of protection. However, according to Art. 20, the transfer of personal data to a country which does not ensure an adequate level of protection may be permitted by Comissão Nacional de Proteção de Dados Pessoais (CNPD, National Commission of Data Protection) if the data subject has given consent to the transfer or under limited exemptions provided for by the law.
Coverage Horizontal
CABO VERDE
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
Cabo Verde has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
CABO VERDE
Since January 2001, last amended in March 2021
Pillar Domestic data policies |
Sub-pillar Framework for data protection
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)
Law 133-V-2001 provides a comprehensive regime of data protection in Cabo Verde and it is enforced by the National Commission of Data Protection (CNPD), which became operational in 2015.
Coverage Horizontal
CABO VERDE
Since September 2018
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Decree-Law No. 50/2018, of 20 September 2018: creates the Multisector Regulatory Agency for the Economy and approves its Statutes (Decreto-Lei Nº 50/2018, de 20 de setembro: cria a Agência Reguladora Multissetorial da Economia e aprova os respetivos Estatutos)
The Multisector Regulatory Agency for the Economy (ARME), which is the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process. Art. 1 of ARME Statutes states that the authority has administrative, financial and patrimonial autonomy. The Statutes were approved by Decree-Law No. 50/2018.
Coverage Telecommunications sector
CABO VERDE
Since June 2009
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Cabo Verde has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
CABO VERDE
Reported in 2019
Pillar Telecom infrastructure & 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 directly owns 3.4% of shares in Cabo Verde Telecom. The government also indirectly owns shares in Cabo Verde Telecom (78.6%), through the following public companies: National Institute of Social Security (INPS) (57.9%), Airports and Aviation Security (ASA) (20%) and Cape Verde Post Office (CCV) (0.7%).
Coverage Telecommunications sector
CABO VERDE
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Cabo Verde 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 2005. According to Art. 39 of Legislative Decree No. 7/2005 of 28 November, operators who provide publicly available electronic communications networks or services and enjoy special or exclusive rights for the provision of services in other sectors must:
- Have a separate accounting system for the activities of providing electronic communications networks or services, which must be subject to an independent audit to be carried out by an entity to be appointed by the Autoridade reguladora nacional (ARN, National Regulatory Authority) or accepted by it; and
- Create legally separate entities for the corresponding activities, in order to identify, on the basis of the respective calculations and the allocation methods used, all the elements of expenditure and revenue linked to these activities, including a detailed breakdown of fixed assets and structural costs.
- Have a separate accounting system for the activities of providing electronic communications networks or services, which must be subject to an independent audit to be carried out by an entity to be appointed by the Autoridade reguladora nacional (ARN, National Regulatory Authority) or accepted by it; and
- Create legally separate entities for the corresponding activities, in order to identify, on the basis of the respective calculations and the allocation methods used, all the elements of expenditure and revenue linked to these activities, including a detailed breakdown of fixed assets and structural costs.
Coverage Telecommunications sector
CABO VERDE
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Cabo Verde 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. 271 of Legislative Decree No. 4/2007 of 20 August 2007, approving the Intellectual Property Code (Decreto-Legislativo Nº 4/2007, de 20 de agosto, que aprova o Código da Propriedade Intelectual) states that it is an administrative offence to disclose, acquire or use a competitor's business secrets without his consent, provided that the information:
- is secret, in the sense that it is not generally known or easily accessible, in its entirety or in the exact configuration and connection of its constituent elements, to persons in the circles that normally deal with the type of information in question;
- has commercial value by virtue of its secrecy;
- has been the subject of considerable efforts, appropriate to the circumstances, by the person lawfully in control of the information to keep it secret.
- is secret, in the sense that it is not generally known or easily accessible, in its entirety or in the exact configuration and connection of its constituent elements, to persons in the circles that normally deal with the type of information in question;
- has commercial value by virtue of its secrecy;
- has been the subject of considerable efforts, appropriate to the circumstances, by the person lawfully in control of the information to keep it secret.
Coverage Horizontal