Database

Browse Database

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

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

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
The Republic of Congo has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
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 = 'CG')\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":"80181"},{"post_id":"80182"},{"post_id":"80183"}]
"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 = 'CG')\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 = 'CG')\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"}]

CONGO

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
14.32%
Coverage rate of zero-tariffs on ICT goods (%)
1.76%
Coverage: ICT goods

CONGO

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
The Republic of Congo is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

CONGO

Since May 2009

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 2009-162 (Décret No. 2009-162)
According to Art. 11 of Decree No. 2009-162, public contracts for the supply of goods or services should be open to international competitive bidding only when they have a value greater than or equal to CFAF 500 million (approx. USD 820,000).
Coverage Horizontal

CONGO

Since May 2009

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 2009-156 Enacting the Government Procurement Code (Décret No. 2009-156 portant code des marchés publics)
Art. 62 of the Government Procurement Code permits the preferential treatment of Congolese businesses if provided for in the tender documents. It allows domestic bidders' offers to be reduced by up to 15%. In addition, as part of the evaluation of the tenders, bids from candidates based in the Economic and Monetary Community of Central Africa (CEMAC) zone have a 10-point advantage.
Coverage Horizontal

CONGO

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the 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)
The Republic of Congo is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

CONGO

Since November 2001

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 8-2001 on Freedom of Information and Communication (Loi No. 8-2001 Sur la Liberté d'Information et de la Communication)
According to Art. 52 of Law No. 8-2001, when a press publishing company is incorporated, the majority of shares (that is 51%) are reserved for Congolese citizens. This applies also to online newspapers.
Coverage Newspapers, including online

CONGO

N/A

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Residency requirement
It is reported that Congolese law requires foreign companies to hire a general manager who is a resident of the Republic of Congo. Establishing an office usually requires a local lawyer or a local representative of an international law firm to make sure that the company’s bylaws respect the Congolese standard business code.
Coverage Horizontal

CONGO

Since November 2001

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Law No. 8-2001 on Freedom of Information and Communication (Loi No. 8-2001 Sur la Liberté d'Information et de la Communication)
Art. 38 of Law No. 8-2001 mandates a residency requirement for the publication director of the newspapers, also online.
Coverage Newspapers, including online

CONGO

N/A

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Minimum capital requirement to obtain a license
It is reported that different minimum capital requirements are established to obtain different types of telecom licenses:
- 10.000.000.000 F.CFA for 3G and 4G (approx. USD 15,196,000);
- 11.000.000.000 F.CFA for 2G (approx. USD 16,716,000).
Coverage Telecommunications sector

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