Burkina Faso has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Burkina Faso has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

According to Art. 130 of Law No. 061-2008/AN, no radio equipment used for the transmission, reception or transmission and reception of signals and correspondence may be imported for use in Burkina Faso unless it has been approved by the Regulatory Authority. To this end, the Authority may carry out any verification to ensure that the equipment complies with the regulations in force.

Telecom companies need to submit their equipment for testing to the regulator or its delegated entity. Under Art. 130 of Law No. 061-2008/AN, no radio equipment used for the transmission, reception or transmission and reception of signals and correspondence may be manufactured, imported or marketed for use in Burkina Faso unless it has been approved by the Regulatory Authority. To this end, the Authority may carry out any verification to ensure that the equipment complies with the regulations in force. Equipment includes hardware and software used to provide electronic communications services.

According to Art. 5 of Decree No. 2018-1199, e-retailers must get a professional trader card. To obtain it, they must register in the trade register and have a unique financial identification number (IFU), in addition to providing a copy of an ID card, an application form, a copy of company status, two tax stamps, and a certificate of tax status.

Burkina Faso does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, it is reported that there is an informal threshold of USD 100.

It is reported that the registrant for a local domain name ".bf" must be an entity based in the country. Only one domain name is allowed per applicant, and the registration is subject to an annual fee of USD 450. However, these restrictions are not found in Law No. 011-2010/AN on domain name management under the first-level domain.BF (Loi No. 011-2010/AN portant reglementation de la gestion des noms de domaines sous le domaine de premier niveau .BF).

According to Art. 5 of Decree No. 2018-1199, e-retailers must get a professional trader card. To obtain it, they must register in the trade register and have a unique financial identification number (IFU).

According to the Art. 42 of Law No. 001-2021/AN, international transfers cannot be made without the respect of the following conditions:
- a request for authorisation of the Commission for Information Technology and Civil Liberties (Commission de l'Informatique et des Libertés, CIL));
- a signature of a data confidentiality clause and a data reversibility clause to facilitate the complete migration of the data at the end of the contract;
- the implementation of technical and organizational security measures.
Additionally, the transfer can only be made to a foreign country or an international organization if the recipient country or international organization ensures an adequate level of protection equal to the one ensured in Burkina Faso.

According to the Art. 37 of Law No. 001-2021/AN, health data allowing the direct or indirect identification of individuals must be stored on national territory. An exception can be granted if the Commission For Information Technology and Civil Liberties (Commission de l'Informatique et des Libertés, CIL) ensures that the use of information and communication technologies for the purpose of processing personal data does not pose a threat to individual or public freedoms and privacy (Art. 56).

Burkina Faso has not joined any agreement with binding commitments to open transfers of data across borders.

Law No. 001-2021/AN provides a comprehensive data protection regime in Burkina Faso. The 2021 Act repealed and replaced Law No. 010-2004/AN on the Protection of Personal Data, enacted in 2004, which made Burkina Faso one of the first adopters of a modern data protection law in the region. The 2021 Act strengthens the protection of the privacy of individuals, including by broadening its geographical scope to offshore data controllers who carry out processing operations from Burkina Faso (irrespective of whether they use local means of processing), by supervising transborder transfers and by providing a more comprehensive right to be informed.

Law No. 45-2009/AN establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 134, intermediaries are not responsible for information transmitted if they do not initiate the transmission or select the recipient of the transmission and do not select or modify the information transmitted.

Law No. 45-2009/AN establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 134, intermediaries are not responsible for information transmitted if they do not initiate the transmission or select the recipient of the transmission and do not select or modify the information transmitted.

According to Art. 40 of Law No. 61-2008/AN, purchasers of SIM cards must register their names and national identity numbers with telecommunications operators.