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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 and competition  |  Sub-pillar Presence of 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

Reported in 2019

Pillar Telecom infrastructure and 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 and 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.
Coverage Telecommunications sector

CABO VERDE

Since June 2009

Pillar Telecom infrastructure and 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

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.
Coverage Horizontal

CABO VERDE

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Cabo Verde 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

CABO VERDE

Since May 2019

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Cabo Verde has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

CABO VERDE

Since May 2019

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Cabo Verde has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

CABO VERDE

Since July 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Cabo Verde is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

CABO VERDE

Since April 2009, last amended in November 2017

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Decree-Law No. 1/2009 of 27 April 2009, on the Revision of Copyright Law (Decreto-Legislativo Nº 1/2009 de 27 de Abril de 2009, sobre a Revisão da Lei dos Direitos do Autor)
Cabo Verde has a copyright regime under Decree-Law No. 1/2009. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 62 lists the exceptions, which include for the purposes of research or private study by the person using the work; use in a private event that is not for profit, and for which entry is not charged; for review or news reporting; reproduction by photographic or similar processes, when carried out for didactic purposes by public or private libraries or centres; in documentation files of general interest or public institutions with a scientific or technological vocation; or by educational establishments; reproduction of works, permanently exposed to the public through images or reports for educational use; reproduction of an arrangement or translation exclusively for individual and private use; quotations from copyright works and critics; speeches and lectures before the media; performance of hymns, as well as works of a religious character; private reproduction of an arrangement or translation exclusively for an individual; among others.
Coverage Horizontal

CABO VERDE

Reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Screening of investment
It is reported that an approval process serves as a screening mechanism for inbound foreign investment. The process begins with submission of a formal expression of interest to investment promotion agency Cabo Verde TradeInvest in accordance with the Investment Law. Relevant government entities (depending on the sector and of the nature of the investment) then conduct an integrated review of the investment project and provide an opinion. If the opinion is favorable, Cabo Verde TradeInvest, in coordination with relevant agencies, approves the project and issues an investor certificate no later than 45 days from the submission of interest.
Coverage Horizontal

CABO VERDE

Since August 2007

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
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)
Art. 226 of the Legislative Decree approving the Intellectual Property Code provides that the applicant must appoint a representative in Cabo Verde in the case of patent applications filed by interested parties (natural or legal persons) who are not domiciled or established in Cabo Verde. However, the interested party or the holder of the right, whether natural or legal, domiciled or resident in Cabo Verde, is free to present his applications for industrial property titles in person or to have them presented by a recognised lawyer (Art. 225(1)).
Coverage Horizontal