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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: Creating the Multisector Regulatory Agency for the Economy and Approving 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), 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 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: Establishing 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 states that the transfer of personal data outside of Cabo Verde is only permissible if the foreign country ensures adequate 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: Establishing 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)
The Law No. 133-V-2001 provides a comprehensive regime of data protection in Cabo Verde, and it is enforced by the "Comissão Nacional de Proteção de Dados Pessoais" (CNPD, National Commission of Data Protection), which became operational in 2015.
Coverage Horizontal

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: Establishing 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. 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

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
"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 = 'CV')\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":"62144"},{"post_id":"62145"},{"post_id":"62146"}]
"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 = 'CV')\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 = 'CV')\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"}]

CABO VERDE

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
7.72%
Coverage rate of zero-tariffs on ICT goods (%)
42%
Coverage: Digital goods

CABO VERDE

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Cabo Verde is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

CABO VERDE

Since April 2015

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 88/VIII/2015 of 14 April, Approving the Public Procurement Code and Establishing the Public Procurement Regime (Lei No. 88/VIII/2015 de 14 de abril, aprova o Código da Contratação Pública, que estabelece o regime de contratação pública)
Art. 99.4 of the Public Procurement Code provides that factors may be foreseen that grant greater weight to bids submitting goods produced, extracted or farmed in Cabo Verde or relating to services provided or supplies made by entities of Cabo-Verdean nationality or with registered offices in Cabo-Verdean territory. Moreover, Art. 13 states that, in the contract formation procedure, all factors contributing to the promotion of national economic development, production development, procurement, industry and services of Cabo Verde, as well as compliance with national social policies, shall be considered.
Coverage Horizontal

CABO VERDE

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (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)
Cabo Verde is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

CABO VERDE

Since September 2013

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Decree-Law No. 34/2013 of 24 September, Amending and Republishing Law No. 13/VIII/2012 of 11 July, Approving the Investment Law of Cabo Verde (Decreto-Lei No. 34/2013, de 24 de setembro, altera e republica a Lei No. 13/VIII/2012, de 11 de julho, que aprova a Lei de Investimento de Cabo Verde)
There are no foreign ownership limitations in sectors relevant to digital trade, as confirmed by Decree-Law No. 34/2013.
Coverage Horizontal

CABO VERDE

Reported in 2022, last 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 the submission of a formal expression of interest to the investment promotion agency Cabo Verde TradeInvest in accordance with the Investment Law. Relevant government entities (depending on the sector and the nature of the investment) then conduct an integrated review of the investment project and provide an opinion. If the opinion is favourable, 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

CABO VERDE

Since July 2022

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

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