Database

Browse Database

CAMBODIA

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
Lack of transparency in public procurement
It is reported that government procurement is often not transparent and that the Cambodian Government frequently provides short response times to public announcements of tenders, which are posted on the Ministry of Economic and Finance (MEF)'s website. Moreover, different prequalification procedures exist at the provincial level, making some bids particularly complex for prospective contractors. It is also reported that irregularities in the government procurement process are common despite a strict legal requirement for audits and inspections and that, despite allegations of malfeasance at a number of ministries, the Cambodian Government has taken little action to investigate irregularities.
Coverage Horizontal

CAMBODIA

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)
Cambodia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

CAMBODIA

Since September 2005
Since June 1996

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Sub-Decree No. 111 ANK/BK on the Implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia (លេខ 111។ អនុក្រឹត្យ ស្តីពីការអនុវត្តច្បាប់ស្តីពីវិសោធនកម្មច្បាប់ស្តីពីការវិនិយោគនៃព្រះរាជាណាចក្រកម្ពុជា)

Law on the General Status of Public Enterprise (ច្បាប់បើកលក្ខន្តិកៈទូទៅនៃសហគ្រាសសាធារណៈ)
Sub-Decree No. 111 ANK/BK stipulates that Cambodia permits full foreign ownership in the telecommunication sector. However, Art. 3 of Law on Public Enterprise states that the Cambodian government must directly or indirectly hold more than 51% of the capital or the right to vote in state-owned enterprises. Given that Telecom Cambodia, the principal telecom company in Cambodia, is fully state-owned, some restrictions apply in this sector.
Coverage Telecommunications sector

CABO VERDE

Since December 2007
Since December 1998

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Decree-Law No. 46/2007 of 10 December: Approving the Advertising Code (Decreto-Lei No. 46/2007, de 10 de dezembro: aprova o Código de Publicidade)

Law No. 88/V/98 of 31 December 1998: Approving the Legal Regime for Protecting and Defending Consumers (Lei No. 88/V/98, de 31 de dezembro, aprova o regime jurídico de proteção e defesa dos consumidores)
Decree-Law No. 46/2007 and Law No. 88/V/98 provide a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal

CABO VERDE

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
Cabo Verde has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

CABO VERDE

Since 2003

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Cabo Verde has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

CABO VERDE

Since 2003

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Cabo Verde has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

CABO VERDE

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 infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Cabo Verde's law and jurisprudence.
Coverage Internet intermediaries

CABO VERDE

Since February 2019

Pillar Content access  |  Indicator Restrictions on online advertising
Regulation No. 001/CR-ARC/2019 of 19 February, Regulating the Conditions and Requirements for the Registration of Advertising Agencies Subject to the Jurisdiction of the State of Cabo Verde (Regulamento No. 001/CR-ARC/2019, de 19 de fevereiro, que regulamenta as condições e os requisitos de registo das agências de publicidade sujeitas à jurisdição do Estado de Cabo Verde)
In accordance with Art. 7 of Regulation No. 001/CR-ARC/2019, organisations engaged in advertising activities may not start their activities without registering with the ARC (Media Regulatory Authority). According to Art. 3, the registration shall be accompanied by the following documents:
- An application containing information about the advertising agency (name, address and contact details of the person in charge);
- A copy of the identity card of the person in charge of the advertising agency and, in the case of representation, of the legal representative;
- A current certificate of trade registration;
- In the case of a public limited company, an itemised list of the shareholders and an indication of the number of shares held by them; and
- Proof of payment from banking services.
The Advertising Code applies to any form of advertising, regardless of the medium used to disseminate it.
Coverage Advertising sector

CABO VERDE

Since June 1998, as amended in August 2010
Since August 2010
Since August 2018

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Law No. 56/V/98 on Media (Lei No. 56/V/98 Da Comunicação Social)

Law No. 73/VII/2010 - Written Press and News Agency Law (Lei No. 73/VII/2010 - Lei da Imprensa Escrita e de Agência de Notícias)

Decree-Law No. 47/2018 (Decreto-Lei No. 47/2018)
Arts. 39 and 40 of Law No. 56/V/98 provide that local and foreign media companies or organisations are subject to compulsory registration with the media department of the government. Art. 3 clarifies that this applies also to online media.
Pursuant to the provisions of Art. 40, the Government enacted Decree-Law No. 47/2018, which regulates the registration of media companies in general. Art. 5 of this Decree-Law states that the companies subject to registration include: periodicals, non-periodicals and digital media or companies using any type of electronic process; news companies; advertising agencies; operators of audiovisual on-demand and distribution services; organisations carrying out opinion polls and surveys; among others.
In addition, Art. 24 of Law No. 73/VII/2010 provides that public or private organisations carrying out press, publishing and news agency activities shall be subject to registration before starting their activities. Art. 2 clarifies that this also applies to online activities.
Coverage Media sector

CABO VERDE

Since October 2005
Since August 2009

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decree-Law No. 69/2005 of 31 October, Approving the Legal Framework for Internal Trade (Decreto-Lei No. 69/2005, de 31 de outubro, que aprova o Regime jurídico do Comércio Interno)

Decree-Law No. 30/2009 of 17 August (Decreto-Lei No. 30/2009 de 17 de agosto)
Commercial operators, i.e. importers, exporters, wholesalers, retailers, commercial agents, marketers or traders, are subject to a licensing and registration system under Decree-Law No. 69/2005 (Arts. 19.1, 21.1 and 22.1) and Decree-Law No. 30/2009 (Art. 5). Commercial operators have to register with the Department responsible for commerce at the Conservatory of Commercial Registry and obtain an operating permit.
Coverage Horizontal

CABO VERDE

Since November 1995

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Decree-Law No. 71/95 of 20 November: Radiocommunications Regime (Decreto-Lei No. 71/95 de 20/11/95: aprova o regime das radiocomunicações)
Under Art. 23.1 of Decree-Law No. 71/95, radiocommunications transmitter or transmitter-receiver equipment cannot be sold unless the radiocommunications supervisory authority has approved it. Yet, third-party certification from Conformity Assessment Bodies (CABs) that the regulator recognises is accepted (Art. 23.4).
In addition, it is reported that telecommunication equipment requires an import permit that has been raised against a certificate of conformity, and a certificate of conformity must accompany electrical goods. A Declaration of Conformity confirming that goods to be imported conform to the applied national and international standards is required for certain goods. CE-marked products are accepted as conforming to the required standards.
It is also reported that the Multisectoral Regulatory Agency for the Economy (ARME) and the Regulatory Agency for Health (ERIS) are responsible for inspecting and certifying products entering the market.
Coverage Telecommunication equipment

CABO VERDE

Since September 2019

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Decree-Law No. 39/2019 of 2 September, Making the First Amendment to Decree-Law No. 23/2014 of 2 April, Approving the Customs Regulation Code (Decreto-Lei No. 39/2019, de 2 de setembro: procede à primeira alteração ao Decreto-Lei No. 23/2014, de 2 de abril, que aprova o Regulamento do Código Aduaneiro)
According to Art. 2.2.4 and Art. 205.1 of Decree-Law No. 39/2019, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is 10.000 Escudos (approx. USD 100). This is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

CABO VERDE

Since July 2019, entry into force in October 2019

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Legislative Decree No. 2/2019 of 23 July: Commercial Companies Code (Decreto-Legislativo No. 2/2019 de 23 de julho: Código das Sociedades Comerciais)
Art. 4 of the Commercial Companies Code states that any company that does not have its effective headquarters in Cabo Verde but wishes to carry out its activities there for more than one year must establish a permanent representation. The previous Commercial Companies Code contained the same requirement in Art. 106.
Coverage Horizontal

CABO VERDE

Since January 2001, last amended in March 2021

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 133/V/2001 of 22 January: Establishing the General Legal Regime for the Protection of Personal Data of Natural Persons (Lei No. 133/V/2001, de 22 de janeiro: estabelece o regime jurídico geral de proteção de dados pessoais a pessoas singulares)
Art. 19 of Law No. 133/V/2001 states that the transfer of personal data outside of Cabo Verde is only permissible if the foreign country ensures adequate protection. However, according to Art. 20, the transfer of personal data to a country which does not ensure an adequate level of protection may be permitted by "Comissão Nacional de Proteção de Dados Pessoais" (CNPD, National Commission of Data Protection) if the data subject has given consent to the transfer or under limited exemptions provided for by the law.
Coverage Horizontal

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