BURUNDI
Since April 2014
Since March 2016
Since March 2016
Pillar Intermediary liability |
Indicator User identity requirement
Order No. 1 of 8 April 2014 (Arrêté No. 1 du 8 avril 2014)
Ministerial Order No. 540/356 of 17 March 2016 Regulating Certain Means of Combating Fraud in Electronic Communications (Ordonnance ministérielle No. 540/356 du 17 mars 2016 Portant règlementation de certains moyens de lutte contre la fraude en matière des communications électroniques au Burundi)
Ministerial Order No. 540/356 of 17 March 2016 Regulating Certain Means of Combating Fraud in Electronic Communications (Ordonnance ministérielle No. 540/356 du 17 mars 2016 Portant règlementation de certains moyens de lutte contre la fraude en matière des communications électroniques au Burundi)
It is reported that Order No. 1 of 8 April 2014, issued by the "Agence de Régulation et de Contrôle des Télécommunications" (ARCT), required all end users of telecommunication services to provide personal data before acquiring a SIM card. It required providing personal information such as names, addresses, places, and dates of birth, a copy of national identity cards, and passport photographs as part of the mandatory SIM card registration. Similarly, it is reported that Art. 3 of Burundi’s Ministerial Law No. 540/356 of March 17, 2016, obliges mobile operators to take all the necessary measures to verify if the SIM card users are the real subscribers and to block the SIM card if they detect an anomaly.
Coverage Telecommunications sector
BURUNDI
Since June 2013, last amended in September 2018
Pillar Intermediary liability |
Indicator Monitoring requirement
Law No. 1/19 of 14 September 2018 amending Law No. 1/15 of 9 May 2015 Governing the Press in Burundi (Loi No. 1/19 du 14 septembre 2018 portant modification de la Loi N. 1/15 du 9 mai 2015 régissant la presse au Burundi)
Art. 76 of Law No. 1/19 of September 2018, amending Law No. 1/15 of May 2015, governing the press in Burundi, stipulates that media organizations are liable for any content published on their platforms, even if it is posted anonymously. This provision has been in effect since the enactment of Law No. 1/11 in June 2013. Furthermore, Art. 62 mandates that authorised press entities must refrain from broadcasting or publishing material that contravenes public morality or order.
Coverage Media organizations
BURUNDI
Reported in 2022, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
It has been reported that direct access to the Radio Publique Africaine website is blocked within the country. However, users can still access the website from abroad or through the use of a virtual private network.
Coverage Radio Publique Africaine website
BURUNDI
Since September 2018
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Law No. 1/19 of 14 September 2018 amending Law No. 1/15 of 9 May 2015 Governing the Press in Burundi (Loi No. 1/19 du 14 septembre 2018 portant modification de la Loi N. 1/15 du 9 mai 2015 régissant la presse au Burundi)
According to Section 3 of the 2018 Press Law, the "Conseil National de la Communication" (CNC) is entitled to unilaterally distribute and withdraw a press card to journalists with high discretion, including for electronic media.
Coverage Media sector
BURUNDI
Since April 2014
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decree No. 100/97 of 18 April 2014 Establishing the Operating Conditions of the Electronic Communications Sector (Décret No. 100/97 du 18 avril 2014 portant fixation des conditions d'exploitation du secteur des communications électroniques)
According to Art. 17 of Decree No. 100/97, importers of electronic communications equipment must register and obtain validation and authorisation of intent to import from the Telecommunications Regulatory and Control Agency (ARCT).
Coverage Importers of electronic communications equipment
BURUNDI
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
Burundi has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
BURUNDI
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Burundi has no comprehensive data protection law. However, Decree No. 100/182 of 30 September 1997, laying down organic provisions on telecommunications, contains data protection provisions and imposes confidentiality obligations on personal information (Art. 23-26).
Coverage Horizontal
BURUNDI
Since April 2014
Since March 2016
Since March 2016
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Decree No. 100/97 of 18 April 2014 Establishing the Operating Conditions of the Electronic Communications Sector (Décret No. 100/97 du 18 avril 2014 portant fixation des conditions d'exploitation du secteur des communications électroniques)
Ministerial Order No. 540/356 of 17 March 2016 Regulating Certain Means of Combating Fraud in Electronic Communications (Ordonnance ministérielle No. 540/356 du 17 mars 2016 Portant règlementation de certains moyens de lutte contre la fraude en matière des communications électroniques au Burundi)
Ministerial Order No. 540/356 of 17 March 2016 Regulating Certain Means of Combating Fraud in Electronic Communications (Ordonnance ministérielle No. 540/356 du 17 mars 2016 Portant règlementation de certains moyens de lutte contre la fraude en matière des communications électroniques au Burundi)
Arts. 29 and 30 of Law No. 100/97 provide that, for public security reasons and judiciary inquiries, telecom operators must provide the full identity and geo-location of their subscribers in real time whenever asked by the Agence de Régulation et de Contrôle des Télécommunications (ARCT, Regulatory Agency for Telecommunications). Failure to identify subscribers attracts a fine of Burundian Francs 5,000,000 (USD 2,000).
In addition, it is reported that Art. 5 of Order No. 540/356 on fighting fraud in the ICT domain gives the "Agence de Régulation et de Contrôle des Télécommunications" (ARCT, Regulatory Agency for Telecommunications) the right to direct any operator to provide the detailed identity of any subscriber. Further, Art. 6 empowers the ARCT to provide a voice server where the operator must divert all phone communications of a user where crime is suspected. The operators must provide a secured web application to the regulator. Art. 9 allows the ARCT to request the full identity of an internet subscriber and their IP address and install IP probes on the technical installations of an ISP. Moreover, Art. 10 obliges operators to comply with any request by the ARCT and its technical partner in order to fight fraud in electronic communications. Failure to cooperate attracts a daily fine of five million Burundian Francs (USD 2,000). The legal text is not available online.
In addition, it is reported that Art. 5 of Order No. 540/356 on fighting fraud in the ICT domain gives the "Agence de Régulation et de Contrôle des Télécommunications" (ARCT, Regulatory Agency for Telecommunications) the right to direct any operator to provide the detailed identity of any subscriber. Further, Art. 6 empowers the ARCT to provide a voice server where the operator must divert all phone communications of a user where crime is suspected. The operators must provide a secured web application to the regulator. Art. 9 allows the ARCT to request the full identity of an internet subscriber and their IP address and install IP probes on the technical installations of an ISP. Moreover, Art. 10 obliges operators to comply with any request by the ARCT and its technical partner in order to fight fraud in electronic communications. Failure to cooperate attracts a daily fine of five million Burundian Francs (USD 2,000). The legal text is not available online.
Coverage Telecommunications sector
BURUNDI
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 Burundi's law and jurisprudence. The legal and regulatory framework around intermediary liability is not clear, which is reported to lead to insufficient legal certainty to conduct a wide range of activities, free from the threat of potential liability and the chilling effect of potential litigation. The Burundi Electronic Transaction Law, which has some provisions on intermediary liability, has not yet been promulgated. In addition, there are specific provisions that provide liability for intermediaries. Art. 30 of Law 100/97 of April 2014 on electronic telecommunications provides that operators of electronic communications are fully responsible for fighting fraud in their domains.
Coverage Internet intermediaries
BURUNDI
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 Burundi's law and jurisprudence.
Coverage Internet intermediaries
BURUNDI
Since December 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 1/021 of December 30, 2005, on the Protection of Copyright and Related Rights in Burundi (Loi No. 1/021 du 30 décembre 2005 portant protection du droit d'auteur et des droits voisins au Burundi)
Burundi has a copyright regime under Law No. 1/021. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 26-28 list the exceptions, which include (i) the reproduction, translation, or adaptation of works for personal use; (ii) the use of works for reporting current events or including them in films or TV broadcasts if the works are publicly visible; (iii) the reproduction of computer programs for personal or archival purposes by lawful owners; and (iv) temporary reproductions made during digital transmissions if authorised.
Coverage Horizontal
BURUNDI
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Despite Law No. 1/021 of December 2005 complies with international standards for the protection of copyright, on a practical level, it is reported that the implementation of this law is still poor and enforcement measures are lagging behind. The Penal Code and Code of Criminal Procedure outline the specific penalties for IP infringement, as stated in the copyright law Arts. 91-94. Nonetheless, as of 2021, Burundi still does not have any sanctions applied in case the rights under the intellectual property law are infringed upon.
Coverage Horizontal
BURUNDI
Since April 2016
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Burundi has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
BURUNDI
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
Burundi has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
BURUNDI
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Burundi does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. These relate to confidential information set out in Law No. 1/13 of July 28, 2009, on Industrial Property in Burundi, with respect to traditional knowledge, established in Sections 254-264 and the preservation of manufacturing or trade secrets by judicial officers in patent court cases (Section 418). In addition, Law No. 1/06, of March 25, 2010, on the Legal Regime of Competition, deals with secrecy or confidentiality requirements for investigators to preserve business/trade secrets they access or acquire from entities during investigations (Sections 15-16).
Coverage Horizontal
