CANADA
Since July 2017, last amended in December 2019
Since January 2022, until December 2023
Since January 2022, until December 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Canadian Free Trade Agreement
Contracting Policy Notice 2021-6 Trade Agreements
Contracting Policy Notice 2021-6 Trade Agreements
The Canadian Free Trade Agreement (CFTA) is an intergovernmental trade agreement signed by Canadian ministers representing the federal government and all 13 provinces and territories. The Agreement commits provincial, territorial and federal governments to a comprehensive set of rules. The Government Procurement Chapter allows a procuring entity to limit its tendering to Canadian goods, services, or suppliers or to accord a preference for Canadian value-added, except as otherwise required to comply with international obligations, including the WTO Government Procurement Agreement (GPA) and provided that its purpose is not to avoid competition or to discriminate against any other Party's goods, services, or suppliers (Art. 503.4(b)). The preference for Canadian value-added is up to 10%, which may be awarded during the evaluation of tenders for Canadian value-added (Art. 520).
According to the Contracting Policy Notice 2021-6 Trade Agreements, the procurement thresholds are differentiated based on the procuring agency, namely Entities (departments and agencies), Crown Corporations, and other public corporations. The thresholds for Entities (departments and agencies) range from CAD 100,000 (USD 74,450 approx.) to 238,400 (USD 177,490 approx.). The thresholds for Crown Corporations and other public companies range from 602,200 CAD (USD 448,340 approx.) to 733,600 CAD (USD 546,170 approx.). These thresholds are effective from January 2022 to December 2023.
According to the Contracting Policy Notice 2021-6 Trade Agreements, the procurement thresholds are differentiated based on the procuring agency, namely Entities (departments and agencies), Crown Corporations, and other public corporations. The thresholds for Entities (departments and agencies) range from CAD 100,000 (USD 74,450 approx.) to 238,400 (USD 177,490 approx.). The thresholds for Crown Corporations and other public companies range from 602,200 CAD (USD 448,340 approx.) to 733,600 CAD (USD 546,170 approx.). These thresholds are effective from January 2022 to December 2023.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230504181109/https://www.cfta-alec.ca/wp-content/uploads/2023/01/CFTA-Consolidated-Version-January-31-2023.pdf
- https://web.archive.org/web/20230327211819/https://www.canada.ca/en/treasury-board-secretariat/services/policy-notice/contracting-policy-notice-2021-6.html
- https://web.archive.org/web/20230404021455/https://www.canada.ca/en/intergovernmental-affairs/services/internal-trade/canadian-free-trade-agreement.html
- https://web.archive.org/web/20221104032337/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S389R1.pdf&Open=True
- https://sim.oecd.org/Simulator.ashx?lang=En&ds=STRI&d1c=cs&d2c=can
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CANADA
Since May 2021, as amended in August 2021
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Directive on the Management of Procurement
According to Appendix E of the Directive on the Management of Procurement, as amended in August 2021, federal departments and agencies are required to ensure a minimum of 5% of the total value of their contracts is held by Indigenous businesses. To support this mandatory target, Indigenous Services Canada (ISC) announced that it would invest CAD 35.2 million (Approx. USD 26.6 million) over five years to modernise the Procurement Strategy for Aboriginal Business (PSAB, renamed the Procurement Strategy for Indigenous Business (PSIB)), including expanding the scope of the mandatory set-asides and broadening the definition of eligible “Indigenous business”.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231016124553/https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32692
- https://web.archive.org/web/20230702063341/https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32692§ion=procedure&p=E
- https://web.archive.org/web/20230322091526/https://www.canada.ca/en/public-services-procurement/news/2021/08/government-of-canada-announces-federal-wide-measures-to-increase-opportunities-for-indigeno...
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CANADA
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 coverage of CPC 754 and CPC 752 in the WTO Government Procurement Agreement (GPA)
Although Canada is a signatory to the WTO Government Procurement Agreement (GPA), its coverage schedules do not include "telecommunications-related services" (CPC 754), and only one sub-sector of "telecommunications services" (CPC 752), which are both important services sectors for digital trade.
Coverage Telecommunications and telecom-related services
CANADA
Since February 1979, last amended in May 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Saskatchewan Telecommunications Act
Saskatchewan Telecommunications is the only government-owned company in the Canadian telecommunications market and it is owned by the province of the same name. According to its statutes, foreign direct investment is not allowed in this company.
Coverage Saskatchewan Telecommunications
CAMEROON
Since December 2018, entry into force in March 2019
Since June 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 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)
Instruction No. 8/GR/2019 on the Conditions and Modalities for 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 Cameroon.
Coverage Electronic payment instruments
Sources
- https://web.archive.org/web/20240225073742/https://www.droit-afrique.com/uploads/CEMAC-Reglement-2018-02-changes.pdf
- https://web.archive.org/web/20221125221459/https://www.beac.int/wp-content/uploads/2020/07/Instruction-n%C2%B008-GR-2019-on-the-conditions-and-modalities-for-use-of-electronics-payment-instrument-outs...
- https://clarenceabogados.com/client-alert/beac-instructions-to-foreign-exchange-regulations/
- https://web.archive.org/web/20241128140950/https://www.anif.cm/images/pdfanif/reglement_anglais.pdf
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CAMEROON
Reported in 2023
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 KAF 70000 (approx. USD 110), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
CAMEROON
Since May 2011
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law No. 2011/012 of 6 May 2011 on Consumer Protection in Cameroon (Législation Loi-Cadre No. 2011/012 du 6 Mai 2011 Portant Protection du Consommateur au Cameroun)
Legislation Framework Law No. 2011/012 provides a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal
CAMEROON
Since October 2015, entry into force in May 2018
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
Cameroon has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CAMEROON
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Cameroon 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
CAMEROON
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Cameroon 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
CAMEROON
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Cameroon does not have a comprehensive regime in place for personal data, but it has sectoral regulations. In addition, the national Constitution, amended by Law No. 96-06 of 18 January 1996, guarantees the privacy of communications in its preamble, stating that “the privacy of all correspondence is inviolate. No interference may be allowed except by decisions emanating from the Judicial Power”. The 2010 Cybersecurity and Cybercrime law also provides for communications privacy under Art. 41. The obligation for service providers to guarantee users’ privacy and the confidentiality of information is covered under Arts. 42 and 26.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240306222417/https://www.dataguidance.com/jurisdiction/cameroon
- https://web.archive.org/web/20231206182336/https://www.prc.cm/en/multimedia/documents/6285-loi-n-96-06-du-18-01-1996-revision-constitution-1972-en
- https://web.archive.org/web/20220119191525/https://www.minpostel.gov.cm/images/Les_textes/Lois/Loi_2010-012_cybersecurite_cybercriminalite.pdf
- https://web.archive.org/web/20231204224900/https://www.art.cm/fr/content/n%C2%B0-20130399pm-du-27-fevrier-2013-fixant-les-modalit%C3%A9s-de-protection-des-consommateurs-et-des
- 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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CAMEROON
Since December 2010
Since December 2008
Since December 2008
Pillar Domestic data policies |
Indicator Minimum period for data retention
Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon (Loi No. 2010/012 du 21 Décembre 2010 Relative à la Cybersecurité et la Cybercriminalité au Cameroun)
Regulation No. 07/08-UEAC-133-CM-18 of 19 December 2008 Establishing the Legal Framework for the Protection of the Rights of Users of Networks and Electronic Communications Services within CEMAC (Directive No. 7/08-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)
Regulation No. 07/08-UEAC-133-CM-18 of 19 December 2008 Establishing the Legal Framework for the Protection of the Rights of Users of Networks and Electronic Communications Services within CEMAC (Directive No. 7/08-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)
According to Art. 25, Section I of Law No. 2010/012, network operators and providers of electronic communications services are obligated to keep connection and traffic data for ten years. This is despite the sub-regional legislation of CEMAC, to which Cameroon belongs, providing for a maximum period of two years during which the States can allow operators to keep traffic data for security reasons.
Coverage Network operators and providers of electronic communications services
Sources
CAMEROON
Since December 2010
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon (Loi No. 2010/012 du 21 Décembre 2010 Relative à la Cybersecurité et la Cybercriminalité au Cameroun)
Cameroon has a safe harbour regime in place for intermediaries for copyright infringements. Art. 34.2 of Law No. 2010/012 stipulates that intermediaries (defined as anyone who, even free of charge, stores signals, writings, images, sounds or messages of any kind provided by the recipients of these services) are not liable in the following cases:
- They were not effectively aware of their unlawful nature or of facts and circumstances showing this nature;
- If they learned of the facts, they acted promptly to remove this data or make it impossible to access it.
- They were not effectively aware of their unlawful nature or of facts and circumstances showing this nature;
- If they learned of the facts, they acted promptly to remove this data or make it impossible to access it.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20220119191525/https://www.minpostel.gov.cm/images/Les_textes/Lois/Loi_2010-012_cybersecurite_cybercriminalite.pdf
- https://web.archive.org/web/20210226205437/https://ictpolicyafrica.org/api/documents/download?_id=5ebc1455becbe0001b2536c3
- https://web.archive.org/web/20231204122255/https://lexafrica.com/2020/03/data-protection-overview-in-cameroon/
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CAMEROON
Since December 2010
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon (Loi No. 2010/012 du 21 Décembre 2010 Relative à la Cybersecurité et la Cybercriminalité au Cameroun)
Cameroon has a safe harbour regime in place for intermediaries beyond copyright infringements. Art. 34.2 of Law No. 2010/012 stipulates that intermediaries (defined as anyone who, even free of charge, stores signals, writings, images, sounds or messages of any kind provided by the recipients of these services) are not liable in the following cases:
- They were not effectively aware of their unlawful nature or of facts and circumstances showing this nature;
- If they learned of the facts, they acted promptly to remove this data or make it impossible to access it.
- They were not effectively aware of their unlawful nature or of facts and circumstances showing this nature;
- If they learned of the facts, they acted promptly to remove this data or make it impossible to access it.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20220119191525/https://www.minpostel.gov.cm/images/Les_textes/Lois/Loi_2010-012_cybersecurite_cybercriminalite.pdf
- https://web.archive.org/web/20210226205437/https://ictpolicyafrica.org/api/documents/download?_id=5ebc1455becbe0001b2536c3
- https://web.archive.org/web/20231204122255/https://lexafrica.com/2020/03/data-protection-overview-in-cameroon/
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CAMEROON
Since December 2010
Pillar Intermediary liability |
Indicator User identity requirement
Law No. 2010/013 of 21 December 2010 Governing Electronic Communications in Cameroon (Loi No. 2010/013 du 21 Décembre 2010 Régissant les Communications Électroniques au Cameroun)
According to Art. 55 of Law No. 2010/013, operators of electronic communications networks open to the public, as well as service providers, are required at the time of any subscription to proceed to register the identification of subscribers and terminals.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20221118104602/https://www.fratel.org/documents/2011/12/201012-Cameroun-Loi_communications_electroniques-.pdf
- https://web.archive.org/web/20230210004818/https://www.businessincameroon.com/telecom/0110-5670-cameroon-a-decree-to-limit-numbers-of-sim-per-subscriber-and-prohibit-sale-of-sim-cards-on-streets
