CHAD
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Chad has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CHAD
Since February 2015
Pillar Domestic data policies |
Indicator Framework for data protection
Law No. 007/PR/2015 on the Protection of Personal Data (Loi No. 007/PR/2015 Portant Protection des Données à Caractère Personnel)
Law Law No. 007/PR/2015 on the Protection of Personal Data provides a comprehensive regime of data protection in Chad. The Law encompasses various aspects, including general notifications related to data processing, the rights of data subjects, security obligations, and contractual requirements for data controllers and processors. Additionally, relevant regulations can be found in Decree No. 075/PR/2019, which implements the provisions of Law No. 007/PR/2015, as well as in Law No. 008/PR/2015 concerning electronic transactions, and Law No. 009/PR/ on cybersecurity and cybercrime.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220330023417/https://arcep.td/sites/default/files/Loi-N%C2%B007-PR-2015.pdf
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=td
- https://web.archive.org/web/20231115172154/https://www.dataguidance.com/jurisdiction/chad
- https://web.archive.org/web/20231204031041/https://www.dlapiperdataprotection.com/index.html?t=law&c=TD
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CHAD
Since February 2015
Since December 2008
Since December 2008
Pillar Domestic data policies |
Indicator Minimum period for data retention
Law No. 009/PR/2015 on Cybersecurity and the Fight Against Cybercrime (Loi No. 009/PR/2015 Portant sur la Cybersécurité et la Lutte Contre la Cybercriminalité)
Directive No. 07/08-UEAC-133-CM-18 of 19 December 2008 on the Legal Framework for the Protection of Users of Electronic Communications Networks and Services within CEMAC (Directive No. 07/08-UEAC-133-CM-18 Fixant le Cadre Juridique de la Protection des Droits des Utilisateurs de Réseaux et de Services de Communications Électroniques au Sein de la CEMAC)
Directive No. 07/08-UEAC-133-CM-18 of 19 December 2008 on the Legal Framework for the Protection of Users of Electronic Communications Networks and Services within CEMAC (Directive No. 07/08-UEAC-133-CM-18 Fixant le Cadre Juridique de la Protection des Droits des Utilisateurs de Réseaux et de Services de Communications Électroniques au Sein de la CEMAC)
Art. 61 of Law No. 009 of 2015 on Cybersecurity and Cybercrime mandates operators of information systems to retain connection and traffic data for ten years. According to Art. 4, an information system means any isolated device or set of interconnected or related devices, ensuring by itself or by one or more of its elements, according to a program, an automated data processing. This is despite the sub-regional legislation of CEMAC, to which Chad belongs, providing for a maximum duration of two years, during which the States can allow operators to keep traffic data for security reasons.
Coverage Operators of information system
Sources
- https://web.archive.org/web/20211026000326/https://ansice.td/loi-n09-pr-2015-portant-sur-la-cybersecurite-et-la-lutte-contre-la-cybercriminalite/
- https://web.archive.org/web/20220205175633/https://cipesa.org/?wpfb_dl=479
- https://web.archive.org/web/20230329191948/http://www.droit-afrique.com/upload/doc/cemac/CEMAC-Directive-2008-07-droit-des-utilisateurs-de-reseaux.pdf
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CHAD
Since February 2015
Since December 2008
Since December 2008
Pillar Domestic data policies |
Indicator Minimum period for data retention
Law No. 009/PR/2015 on Cybersecurity and the Fight Against Cybercrime (Loi No. 009/PR/2015 Portant sur la Cybersécurité et la Lutte Contre la Cybercriminalité)
Directive No. 07/08-UEAC-133-CM-18 of 19 December 2008 on the Legal Framework for the Protection of Users of Electronic Communications Networks and Services within CEMAC (Directive No. 07/08-UEAC-133-CM-18 Fixant le Cadre Juridique de la Protection des Droits des Utilisateurs de Réseaux et de Services de Communications Électroniques au Sein de la CEMAC)
Directive No. 07/08-UEAC-133-CM-18 of 19 December 2008 on the Legal Framework for the Protection of Users of Electronic Communications Networks and Services within CEMAC (Directive No. 07/08-UEAC-133-CM-18 Fixant le Cadre Juridique de la Protection des Droits des Utilisateurs de Réseaux et de Services de Communications Électroniques au Sein de la CEMAC)
Art. 51 of Law No. 009 of 2015 on Cybersecurity and Cybercrime mandates communications service providers to retain data that enables the identification of any person who contributed to content creation in services they provide for ten years. According to Art. 4, a communication service is a service consisting entirely or mainly of the provision of electronic communications, excluding the contents of audiovisual communication services). This is despite the sub-regional legislation of CEMAC, to which Chad belongs, providing for a maximum duration of two years, during which the States can allow operators to keep traffic data for security reasons.
Coverage Communications service providers
Sources
- https://web.archive.org/web/20211026000326/https://ansice.td/loi-n09-pr-2015-portant-sur-la-cybersecurite-et-la-lutte-contre-la-cybercriminalite/
- https://web.archive.org/web/20230421161021/https://cipesa.org/wp-content/files/briefs/Mapping-and-Analysis-of-Privacy-Laws-in-Africa-2021.pdf
- https://web.archive.org/web/20230329191948/http://www.droit-afrique.com/upload/doc/cemac/CEMAC-Directive-2008-07-droit-des-utilisateurs-de-reseaux.pdf
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CHAD
Since February 2015
Since February 2015
Since February 2015
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Law No. 08/PR/2015 of 2015 Concerning Electronic Transactions (Loi No. 008/PR/2015 Portant sur les Transactions Électroniques)
Law No. 009/PR/2015 on Cybersecurity and the Fight Against Cybercrime (Loi No. 009/PR/2015 Portant sur la Cybersécurité et la Lutte Contre la Cybercriminalité)
Law No. 009/PR/2015 on Cybersecurity and the Fight Against Cybercrime (Loi No. 009/PR/2015 Portant sur la Cybersécurité et la Lutte Contre la Cybercriminalité)
Law No-08-PR-2015 establishes a safe harbour regime for intermediaries for copyright infringements. Art. 92 prescribes for immunity of internet intermediaries provided that the service provider: (a) is not the source of the transmission; (b) does not select the recipient of the transmission; (c) does not select or modify the information that is the subject of the transmission. Under Art. 94, an intermediary service provider is not responsible for the information stored at the request of a recipient of the service provided that:
- the service provider has no actual knowledge of the illicit nature of the activity or information
- the service provider, as soon as it has such knowledge, following voluntary checks or based on serious information communicated by a third party, acts promptly to remove the information or to restore access to it impossible.
In addition, when the intermediary service provider becomes aware of the illicit content, Art. 95 mandates that they should communicate it immediately to the certification authority, which in turn approaches the public prosecutor to take necessary measures to seize the data. As long as the judicial authority has not made any decisions on the matter, the service provider can only take measures to prevent access to the information. A similar degree of safe harbour is provided under Art. 55 of Law No. 09 of 2015 on Cybersecurity and the fight against Cybercrime.
- the service provider has no actual knowledge of the illicit nature of the activity or information
- the service provider, as soon as it has such knowledge, following voluntary checks or based on serious information communicated by a third party, acts promptly to remove the information or to restore access to it impossible.
In addition, when the intermediary service provider becomes aware of the illicit content, Art. 95 mandates that they should communicate it immediately to the certification authority, which in turn approaches the public prosecutor to take necessary measures to seize the data. As long as the judicial authority has not made any decisions on the matter, the service provider can only take measures to prevent access to the information. A similar degree of safe harbour is provided under Art. 55 of Law No. 09 of 2015 on Cybersecurity and the fight against Cybercrime.
Coverage Intermediaries
Sources
- https://web.archive.org/web/20210812170356/https://arcep.td/sites/default/files/Loi-N%C2%B0-08-PR-2015.pdf
- https://web.archive.org/web/20221002201904/https://ansice.td/loi-n09-pr-2015-portant-sur-la-cybersecurite-et-la-lutte-contre-la-cybercriminalite/
- https://web.archive.org/web/20221205012440/https://www.dataguidance.com/notes/chad-data-protection-overview
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CHAD
Since February 2015
Since February 2015
Since February 2015
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 08/PR/2015 of 2015 Concerning Electronic Transactions (Loi No. 008/PR/2015 Portant sur les Transactions Électroniques)
Law No. 09/PR/2015 on Cybersecurity and the fight against Cybercrime (Loi No.009/PR/2015 portant sur la Cybersécurité et la Lutte Contre la Cybercriminalité)
Law No. 09/PR/2015 on Cybersecurity and the fight against Cybercrime (Loi No.009/PR/2015 portant sur la Cybersécurité et la Lutte Contre la Cybercriminalité)
Law No-08-PR-2015 establishes a safe harbour regime for intermediaries beyond copyright infringements. Art. 92 prescribes for immunity of internet intermediaries provided that the service provider: (a) is not the source of the transmission; (b) does not select the recipient of the transmission; (c) does not select or modify the information that is the subject of the transmission. Under Art. 94, an intermediary service provider is not responsible for the information stored at the request of a recipient of the service provided that:
- the service provider has no actual knowledge of the illicit nature of the activity or information
- the service provider, as soon as it has such knowledge, following voluntary checks or based on serious information communicated by a third party, acts promptly to remove the information or to restore access to it impossible.
In addition, when the intermediary service provider becomes aware of the illicit content, Art. 95 mandates that they should communicate it immediately to the certification authority, which in turn approaches the public prosecutor to take necessary measures to seize the data. As long as the judicial authority has not made any decisions on the matter, the service provider can only take measures to prevent access to the information. A similar degree of safe harbour is provided under Art. 55 of Law No. 09 of 2015 on Cybersecurity and the fight against Cybercrime.
- the service provider has no actual knowledge of the illicit nature of the activity or information
- the service provider, as soon as it has such knowledge, following voluntary checks or based on serious information communicated by a third party, acts promptly to remove the information or to restore access to it impossible.
In addition, when the intermediary service provider becomes aware of the illicit content, Art. 95 mandates that they should communicate it immediately to the certification authority, which in turn approaches the public prosecutor to take necessary measures to seize the data. As long as the judicial authority has not made any decisions on the matter, the service provider can only take measures to prevent access to the information. A similar degree of safe harbour is provided under Art. 55 of Law No. 09 of 2015 on Cybersecurity and the fight against Cybercrime.
Coverage Intermediaries
CHAD
Since March 2014
Pillar Intermediary liability |
Indicator User identity requirement
Law No. 14 of 2014 on Electronic Communications (Loi No. 014/PR/2014 Portant sur les Communications Électroniques)
According to Art. 95 of Law No. 14 of 2014, telephone operators and internet access providers are required to ensure the identification of their subscribers. If they do not comply, they are liable to the criminal and pecuniary sanctions.
Coverage Telephone operators and internet access providers
CHAD
Reported in 2024
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that, on 19 March 2024, the High Authority for Media and Broadcasting (HAMA) announced the suspension of seven online newspapers. It is also reported that, in August 2023, the authorities suspended the news website Alwihda Info for a period of eight days.
Coverage News websites
CHAD
Reported in 2025
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
In addition, 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 Chad for the year 2024. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
CHAD
Since December 2024
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Decision No. 055/HAMA/SG/2024
Decision No. 055/HAMA/SG/2024 imposes a prohibition on private media outlets from disseminating audio-visual content online, except under narrowly defined conditions. Media entities found to be in breach of these provisions face suspension or revocation of their broadcasting licences. On 20 December 2024, the Supreme Court of Chad issued an order suspending the enforcement of this ban. Nevertheless, by the end of December 2024, the High Authority for Media and Broadcasting (La Haute Autorité des Médias et de l’Audiovisuel, HAMA) had yet to comply with the court’s directive, and the ban remained in effect.
Coverage Online media
Sources
- https://web.archive.org/web/20250703214007/https://hamatchad.org/interdiction-de-diffusion-et-de-publication-par-les-medias-de-contenus-non-originaux/
- https://web.archive.org/web/20250703215244/https://www.idea.int/democracytracker/report/chad/october-2024
- https://web.archive.org/web/20250703215053/https://www.voanews.com/a/chad-s-online-journalists-decry-ban-ahead-of-december-29-elections-/7912532.html
- https://web.archive.org/web/20250703215129/https://rsf.org/en/chad-after-ban-broadcasting-audiovisual-content-rsf-calls-hama-regulate-media-rather-restrict-it
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CHAD
Since February 2015
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Law No. 009/PR/2015 on Cybersecurity and the Fight Against Cybercrime (Loi No. 009/PR/2015 Portant sur la Cybersécurité et la Lutte Contre la Cybercriminalité)
Cryptographic services are under the authority of the National Agency for Computer Security and eCertification (ANSICE). Provision of cryptographic services without licensing, registration or authorisation is a criminal offence under section V of Law No. 009/PR/2015 on Cybersecurity and Cybercrime, punishable by fines in the range of approx. USD 1,830 to 18,300, and/or imprisonment of between one and five years.
Coverage Cryptography services
Sources
- https://web.archive.org/web/20221002201904/https://ansice.td/loi-n09-pr-2015-portant-sur-la-cybersecurite-et-la-lutte-contre-la-cybercriminalite/
- https://web.archive.org/web/20230802025650/https://cipesa.org/wp-content/files/reports/Mapping-and-Analysis-of-Privacy-Laws-and-Policies-in-Africa.pdf
- https://web.archive.org/web/20230326212554/https://cipesa.org/2021/10/policy-brief-how-african-states-are-undermining-the-use-of-encryption/
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CHAD
Since August 2011
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Order No. 036/MPTIC/SG/2011, Specifying Rules and Procedures for Approving Telecommunications Terminal Equipment (Arrêté No. 036/MPTIC/SG/2011 Fixant les Règles et Procédures d'Approbation des Équipements Terminaux de Télécommunications)
According to Order No. 036/MPTIC/SG/2011, specifying rules and procedures for approving telecommunications terminal equipment is subject to obtaining approval issued by the Chadian Telecommunications Regulatory Office (OTRT) (Arts 4(a) and 12(a)).
Coverage Telecom equipment
Sources
- https://web.archive.org/web/20210812170524/https://arcep.td/sites/default/files/Arre%CC%82te%CC%81-n%C2%B036.pdf
- https://web.archive.org/web/20231115072251/https://www.wto.org/french/tratop_f/tpr_f/s285-04_f.pdf
- https://web.archive.org/web/20231213150051/https://www.trade.gov/country-commercial-guides/chad-prohibited-and-restricted-imports
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CHAD
Since January 1978
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Chad is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
CHAD
Since March 1977, as amended in December 2015, entry into force in November 2020
Since May 2003
Since May 2003
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)
Law No. 005/PR/2003 of 2 May 2003 on the Protection of Copyright, Neighboring Rights, and Expressions of Folklore (Loi No. 005/PR/2003 du 2 Mai 2003 Portant Protection du Droit d’Auteur, des Droits Voisins et des Expressions du Folklore)
Law No. 005/PR/2003 of 2 May 2003 on the Protection of Copyright, Neighboring Rights, and Expressions of Folklore (Loi No. 005/PR/2003 du 2 Mai 2003 Portant Protection du Droit d’Auteur, des Droits Voisins et des Expressions du Folklore)
The Revised Bangui Agreement is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Chad and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. In addition, Arts. 34-38 of Law No. 005/PR/2003 also provide for limitations on copyright.
Coverage Horizontal
CHAD
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Chad has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
