CHAD
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
Chad has not joined any free trade agreement committing to open transfers of cross-border data flows.
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 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
CHAD
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
Chad has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
CHAD
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)
10.82%
Coverage rate of zero-tariffs on ICT goods (%)
1.09%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
CHAD
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)
Chad is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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CHAD
Since May 2020
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Decree No. 002130/PR/2020 on the Code of Public Procurement (Décret No. 002130/PR/2020 Portant Code des Marchés Publics)
According to Art. 80 of the Code of Public Procurement, the procurement entities may decide when preparing the international tender dossier to give preference to the bidders mentioned below, provided that their offer is deemed to conform to that of the highest bidder and that the price offered is not more than 15% higher than that offered by the latter. This preference can be given:
- To craftsmen and business leaders of Chadian nationality, individually or in groups;
- To companies whose majority of the share capital belongs either to natural persons of Chadian nationality or to legal persons governed by Chadian law whose majority of the capital is held by natural persons of Chadian nationality."
According to Art. 126 of the Code: "When awarding a contract (...) priority is given to the economically and technically most advantageous tender according to the evaluation criteria fixed in the consultation file, to the submission presented by:
- A natural person of Chadian nationality or a legal person under Chadian law;
- A natural person or a legal person justifying an economic activity in the National Territory;
- Business groups associating with Chadian companies or providing for significant subcontracting to nationals.
- To craftsmen and business leaders of Chadian nationality, individually or in groups;
- To companies whose majority of the share capital belongs either to natural persons of Chadian nationality or to legal persons governed by Chadian law whose majority of the capital is held by natural persons of Chadian nationality."
According to Art. 126 of the Code: "When awarding a contract (...) priority is given to the economically and technically most advantageous tender according to the evaluation criteria fixed in the consultation file, to the submission presented by:
- A natural person of Chadian nationality or a legal person under Chadian law;
- A natural person or a legal person justifying an economic activity in the National Territory;
- Business groups associating with Chadian companies or providing for significant subcontracting to nationals.
Coverage Horizontal
CHAD
Reported in 2017, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Reported corruption in public procurement
It has been reported that government procurement in Chad is particularly susceptible to corruption. For example, one-third of companies surveyed by the World Bank in 2017 indicated that "gifts" were expected for a company to win a public contract.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240808165954/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S445-06.pdf&Open=True
- https://web.archive.org/web/20221107050245/https://www3.weforum.org/docs/GCR2017-2018/05FullReport/TheGlobalCompetitivenessReport2017%E2%80%932018.pdf
- https://web.archive.org/web/20231207145056/https://www.state.gov/reports/2022-investment-climate-statements/chad/
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CHAD
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)
Chad is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
CHAD
Since January 2008, entry into force in December 2008
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 006/PR/2008 Instituting the Investment Charter of the Republic of Chad (Loi No. 006/PR/2008 Instituant la Charte des Investissements de la République du Tchad)
Law No. 006/PR/2008 defines the regulation of foreign investment in Chad. It has been reported that certain sectors are closed or restricted de facto under this legislation. These include fixed telephony services, which are reserved for state enterprises. It is also reported that the only limit on foreign control is on ownership of companies deemed related to national security. Art. 11 stipulates that private investments are permitted in Chad, subject to specific provisions designed to ensure that the State's economic and social policy is respected, particularly regarding the protection of health, safety and public hygiene, social protection and environmental protection.
Coverage Fixed telephony services
Sources
- https://web.archive.org/web/20230528031156/https://investmentpolicy.unctad.org/investment-laws/laws/50/print/4
- https://web.archive.org/web/20231207145056/https://www.state.gov/reports/2022-investment-climate-statements/chad/
- https://web.archive.org/web/20240808165954/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S445-06.pdf&Open=True
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CHAD
Reported in 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Screening of investments
It is reported that the government employs a holistic, project-by-project approach in its investment screening mechanisms. However, no fixed criteria or standardised methodology have been made publicly available.
Coverage Horizontal
CHAD
Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020
Since December 2019, entry into force in March 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
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)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organization (Règlement sur la profession de Mandataire agréé auprès de l'organization Africaine de la Propriété Intellectuelle)
Regulations on the profession of Authorised Agent before the African Intellectual Property Organization (Règlement sur la profession de Mandataire agréé auprès de l'organization Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Chad, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/text/582620
- https://web.archive.org/web/20230327044434/http://www.oapi.int/Ressources/reglement_mandataire/REGLEMENT_PROFESSION_MANDATAIRE.pdf
- https://web.archive.org/web/20240324133233/http://www.droit-afrique.com/upload/doc/oapi/OAPI-Guide-depot-brevet.pdf
- https://web.archive.org/web/20230324154159/https://pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=TD&doc-lang=en#GENERAL%20INFO
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