Database

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CONGO

Since December 2018, enter into force in March 2019
Since June 2019

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Regulation No. 02/18/CEMAC/UMAC/CM of 21 December 2018 on Foreign Exchange Regulations in CEMAC (Règlement No. 02/18/CEMAC/UMAC/CM du 21 décembre 2018 portant réglementation des changes dans la CEMAC)

Instruction No. 8/GR/2019 on the Conditions and Modalities for the Use of Electronic Payment Instruments Outside CEMAC (Instruction No. 008/GR/2019 relative aux conditions et modalités d'utilisation à l'extérieur de la CEMAC des instruments de paiement électronique)
According to the Instruction No. 8/GR/2019 issued by the Governor of the Bank of Central African States to facilitate the interpretation and implementation of the Economic and Monetary Community of Central Africa (CEMAC) Regulation 02/18/CEMAC/UMAC/CM, there is a limit of 1 million XAF (approx. USD 1,700) per month and per person for the remote settlement of transactions, including online payments. According to Arts. 7-8, justification needs to be provided above this limit. The Instruction provides guidance on the provision of Art. 34 of the Regulation, which implements certain limits for using electronic payment instruments outside the CEMAC and applies to the six CEMAC member states, including Congo.
Coverage Electronic payment instruments

CONGO

Reported in 2022, last reported in 2024

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 12, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

CONGO

N/A

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Congo does not have a legal framework that applies consumer protection to online transactions.
Coverage Horizontal

CONGO

Since January 2014, entry into force in August 2014

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Congo has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

CONGO

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Congo 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

CONGO

N/A

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

CONGO

Since November 2009
Since November 2018

Pillar Intermediary liability  |  Indicator User identity requirement
Law No. 9-2009 of 25 November 2009 on Electronic Communication Sector (Loi No. 9-2009 du 25 Novembre 2009 Portant Réglementation du Secteur des Communications Électroniques)

Decree No. 12,524 of 14 November 2018 Granting a License to Establish and Operate a 4th Generation Mobile Network Open to the Public to the Company Airtel Congo S.A.
Art. 130 of the Electronic Communication Sector Law requires user identification for telecommunications service providers. This is to record and maintain personal information on mobile telecommunication subscribers. Decree No. 12524 clarifies that both the national identity card and the full address are required for identification.
Coverage Telecommunications services providers

CONGO

Reported in 2025

Pillar Content access  |  Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Congo for the year 2024. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal

CONGO

Reported in 2021, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in customs procedures
There is reportedly arbitrary, irregular or uneven application of customs regulations at the border. In addition, a lack of understanding of the proper application and enforcement of customs regulations by government inspectors can contribute to difficulties for trading partners and investors.
Coverage Horizontal

CONGO

Since October 2019

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 29-2019 on the Protection of Personal Data (Loi No. 29-2019 portant protection des données à caractère personnel)
Law No. 29-2019 states that the transfer of data abroad is possible if:
- the third country ensures a sufficient level of protection of privacy, fundamental rights and freedoms of people (Art. 23),
- the person to whom the data relates has agreed to their transfer;
- the transfer is necessary to protect that person's life, to safeguard the public interest and to execute the contract between the interested party and the data manager (Art. 24).
Coverage Horizontal

CONGO

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
The Republic of Congo has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

CONGO

Since October 2019

Pillar Domestic data policies  |  Indicator Framework for data protection
Law No. 29-2019 on the Protection of Personal Data (Loi No. 29-2019 portant protection des données à caractère personnel)
Law 29-2019 provides a comprehensive data protection regime in the Republic of the Congo. The Law provides that a Commission responsible for protecting personal data will be established through legislation in Congo. Personal data in the country is also regulated by the Cybersecurity Act of 2020.
Coverage Horizontal

CONGO

Since October 2019

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 29-2019 on the Protection of Personal Data (Loi No. 29-2019 portant protection des données à caractère personnel)
Art. 83 of Law 29-2019 stipulates the mandatory appointment of a data protection officer (DPO) under the following circumstances: when data processing is conducted by a public entity; when the nature, purpose, or characteristics of the data processing necessitate regular and systematic monitoring; or when the data processing involves large-scale processing of sensitive data.
Coverage Horizontal

CONGO

N/A

Pillar Intermediary liability  |  Indicator 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 infringement is absent in Congo's law and jurisprudence. However, some regulations, such as Law No. 9-2009 on the Electronic Communication sector and Law No. 29-2019 on the Protection of Personal, are relevant to the subject.
Coverage Internet intermediaries

CONGO

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Congo's law and jurisprudence. However, some regulations, such as Law No. 9-2009 on the Electronic Communication sector and Law No. 29-2019 on the Protection of Personal, are relevant to the subject.
Coverage Internet intermediaries

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