Database

Browse Database

BOLIVIA

Since June 2009

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Supreme Decree No. 0181 - Basic Standards for the Goods and Services Administration System (Decreto Supremo No. 0181 - Normas Básicas del Sistema de Administración de Bienes y Servicios)
According to Art. 31 of Supreme Decree No. 0181, in the procurement of goods and services under the Public Tender modality, a 20% preference margin is applied to the offered price for Micro and Small Enterprises, Associations of Small Urban and Rural Producers, and Rural Economic Organizations. The adjustment factor is 0.80.
Coverage Horizontal

BOLIVIA

Reported in 2018, 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 the bidding process in Bolivia is not transparent, as Government requirements and bidding details are not always defined, and procurement announcements are not always made public. Among other things, none of the state-owned companies in the strategic sectors (including the telecommunications sector) are required to publish tenders through the official procurement website "Sistema de Información de Contrataciones Estatales". In addition, concerns are raised that these state-owned companies are not obliged to follow the procedures established in the national procurement law.
Coverage Horizontal

BENIN

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Benin does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, an informal threshold of 100 USD is reportedly applied.
Coverage Horizontal

BENIN

Since October 2007
Since April 2018, last amended in December 2020

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law No. 2007-21 of 16 October 2007 on Consumer Protection in the Republic of Benin (Loi No. 2007-21 du 16 octobre 2007 portant protection du consommateur en République du Bénin)

Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin (Loi No. 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin)
Law No. 2007-21 on consumer protection in the Republic of Benin and Law No. 2017-20 on the Digital Code in the Republic of Benin provide a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal

BENIN

Since November 2019, entry into force in June 2020

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
Benin has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

BENIN

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Benin 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

BENIN

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Benin 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

BENIN

Since April 2020

Pillar Intermediary liability  |  Indicator User identity requirement
Decree No. 2020-249 of 22 April 2020 on the Conditions for Identifying Users of Electronic Communications Services (Décret No. 2020-249 du 22 avril 2020 portant conditions d'identification des utilisateurs de services de communications électroniques)
Art. 4 of Decree No. 2020-249 stipulates that no individual may benefit from an electronic communications service unless they have first been identified by the operator in question in accordance with the conditions set forth in this decree. The term "electronic communications services" is defined as encompassing all services that involve the emission, transmission, or reception of signs, signals, writing, images, sounds, or information of any nature or a combination of these functions. The 2020 decree repealed Decree No. 2016-465, which contained a similar requirement in Chapter II.
Coverage Electronic communications services

BENIN

Since April 2020

Pillar Intermediary liability  |  Indicator User identity requirement
Decree No. 2020-249 of 22 April 2020 on the Conditions for Identifying Users of Electronic Communications Services (Décret No. 2020-249 du 22 avril 2020 portant conditions d'identification des utilisateurs de services de communications électroniques)
Arts. 19 and 20 of Decree No. 2020-249 stipulate that internet café operators must identify their users and collect the necessary information prior to providing their services. In addition to this information, cybercafé operators must record the identifier of the terminal used for connection and the date and time of the start and end of the connection. The 2020 decree repealed Decree No. 2016-465, which had already required in Art. 20 that operators of cybercafés identify their customers in advance.
Coverage Internet café operators

BENIN

N/A

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Lack of self-declaration of conformity (SDoC)
It is reported that type approval procedures in Benin are regulated by the Autorité Régulation des Communications Electroniques et de la Poste (ARCEP). The homologation process in Benin does not require local laboratory testing or contact with local representatives. However, a product sample can be requested from the authority for viewing.
Coverage Horizontal

BENIN

Since April 2018, last amended in December 2020

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin (Loi No. 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin)
Art. 391 of Law No. 2017-20 requires that the transfer of personal data to a third State or international organisation may only take place when the Authority finds that the State or international organisation in question ensures a level of protection equivalent to that provided for in the law. Art. 392 provides some exceptions, including the express consent of the data subject and the necessity of the transfer for the execution of the contract.
Coverage Horizontal

BENIN

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
Benin has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

BENIN

Since May 2009
Since April 2018, last amended in December 2020

Pillar Domestic data policies  |  Indicator Framework for data protection
Law No. 2009-09 of 22 May 2009 Dealing with the Protection of Personally Identifiable Information (Loi No. 2009-09 du 22 mai 2009 portant protection des données à caractère personnel en République du Bénin)

Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin (Loi No. 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin)
Law No. 2009-09 provides a general framework for personal data protection and establishes, among other things, individuals' rights, consent requirements, restrictions on data processing, as well as establishing the Beninese data protection authority as the supervisory authority. The law is supplemented by the more detailed Digital Code in 2018. The Fifth Book of the Digital Code is directly influenced by the EU's General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). It regulates and clarifies several matters, such as joint controllership of data, conditions for consent, data breach notifications, processing for research and other purposes, and impact assessments.
Coverage Horizontal

BENIN

Since April 2018, last amended in December 2020

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin (Loi No. 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin)
Pursuant to Art. 428 of Law No. 2017-20, where a type of processing, in particular through the use of new technologies and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall carry out, prior to the processing, an analysis of the impact of the envisaged processing operations on the protection of personal data, that is a data protection impact assessment (DPIA).
Coverage Horizontal

BENIN

Since April 2018, last amended in December 2020

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Law No. 2017-20 of 20 April 2018 on the Digital Code in the Republic of Benin (Loi No. 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin)
Law No. 2017-20 establishes a safe harbour regime for intermediaries for copyright infringements. Chapter II of Title I of Book Six of the Law is concerned with the responsibility of internet operators and establishes the general liability regime and the special liability regimes.
Coverage Internet intermediaries

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