Database

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TUNISIA

Since March 2014, last amended in May 2018
Since October 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 1039-2014 on public procurement (Décret No. 2014-1039 portant réglementation des marchés publics)

Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects (Décret-loi No. 2022-68 du 19 octobre 2022, édictant des dispositions spéciales pour l'amélioration de l'efficacité de la réalisation des projets publics et privés)
Decree No. 1039-2014 promotes the participation of national companies alongside foreign bidders in international public procurement. Specifically:
- Art. 22 stipulates that procurement specifications encourage foreign bidders to involve local companies in executing the maximum number of orders, products, equipment, or services, wherever local industry and companies can fulfil a portion of the contract's requirements.
- Art. 23 encourages foreign consulting firms to collaborate with one or more Tunisian consulting firms or experts.
- Art. 24 provides incentives within the procurement specifications for foreign companies specialising in the industrial sector and in developing computer content and software to partner with specialised Tunisian companies, selected based on predefined criteria.
Additionally, Art. 10 of Decree No. 68-2022 requires foreign bidders to engage local companies for at least 20% of the total value of orders or the provision of goods, equipment, and services for these projects.
Coverage Horizontal

TUNISIA

Since March 2014, last amended in May 2018
Since October 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 1039-2014 on public procurement (Décret No. 2014-1039 portant réglementation des marchés publics)

Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects (Décret-loi No. 2022-68 du 19 octobre 2022, édictant des dispositions spéciales pour l'amélioration de l'efficacité de la réalisation des projets publics et privés)
Art. 26 of Decree No. 1039-2014 provides that offers submitted by Tunisian companies (in public works contracts as well as the Tunisian products in all markets to supply goods) would be preferred to offers from foreign firms and products of any origin other than Tunisian, whenever such services and products are of equal quality, and as long as the price of Tunisian products does not exceed more than 10% the amounts of the offers of foreign companies and the prices of foreign goods.
In addition, Art. 12 of Decree-Law No. 68-2022 provides that an additional preference of 20% of the total price of the contract to bids from Tunisian economic operators for contracts for studies, works and the supply of goods and services over bids, from foreign economic operators.
Coverage Horizontal

TUNISIA

Since October 2022
Since April 2018

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree-Law No. 68-2022 enacting special provisions for improving the efficiency of carrying out public and private projects (Décret-loi No. 2022-68 du 19 octobre 2022, édictant des dispositions spéciales pour l'amélioration de l'efficacité de la réalisation des projets publics et privés)

Law No. 2018-20 of 17 April 2018 on startups (Loi No. 2018-20 du 17 avril 2018, relative aux Startups)
According to Art. 9 of Decree-Law No. 68-2022, public purchasers are required to allocate up to 10% of the provisional value of contracts for studies, works, and the supply of goods and services annually to startups, as defined by Law No. 2018-20, or for innovative purchases. Innovative purchases refer to tenders for novel technical solutions that address the public purchaser's needs and are not currently available on the market. These purchases are intended to enable the public purchaser to distinguish itself, foster innovation, and develop new content and services.
Law No. 2018-20, specifically Arts. 2 and 3, stipulates that a commercial company qualifies as a startup if it meets the following criteria:
- It has been in operation for no more than eight years from the date of its incorporation.
- Its human resources, total assets, and annual turnover do not exceed limits established by government decree.
- More than two-thirds of its capital is held by natural persons, venture capital investment companies, collective venture capital investment funds, seed capital funds, other investment bodies in accordance with prevailing legislation, or by foreign startups.
- It possesses a business model with a substantial innovative dimension, particularly in technology.
- Its activity demonstrates significant potential for economic growth.
Coverage Horizontal

TUNISIA

Reported in 2021, last reported in 2024

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Lack of transparency in tenders
It is reported that although an electronic public procurement system was introduced in 2018 to enhance transparency, competition for government tenders remains vulnerable to corruption.
Coverage Horizontal

TUNISIA

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

TUNISIA

Since April 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Order of the Minister of Commerce and the Minister of Development, Investment and International Cooperation of 17 April 2020, approving the specifications relating to the organization of the exercise of the profession of commercial advertising agent (Arrêté du ministre du commerce et du ministre du développement, de l’investissement et de la coopération internationale du 17 avril 2020, portant approbation du cahier des charges relatif à l’organisation de l’exercice de la profession d’agent de publicité commerciale)
The Order of the Minister of Commerce and the Minister of Development, Investment and International Cooperation of 17 April 2020 establishes specific requirements for practising as a commercial advertising agent in Tunisia, including restrictions on foreign equity participation. Art. 7 stipulates that legal entities must be subject to Tunisian law, managed by Tunisian nationals, and have foreign capital limited to a maximum of 50%. Additionally, natural persons or legal representatives of entities must meet qualifications outlined in Art. 3, including holding a national licence or its equivalent, completing at least two years of higher education, and demonstrating one year of professional experience in an advertising agency. Art. 4 further requires that individuals practising in this field must hold Tunisian nationality. Annex 2 of the specifications identifies digital communication services—such as website and application development, online content management, and social media oversight—as part of the activities carried out by commercial advertising agents.
Coverage Advertising sector

TOGO

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

TOGO

Since 2017

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Togo 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

TOGO

N/A

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

TOGO

Reported in 2022, last reported in 2023

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
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 USD 400, above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

TOGO

Since June 2017

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law No. 2017-07 of 22 June 2017 on Electronic Transactions (Loi No. 2017‐07 du 22 juin 2017 relative aux transactions électroniques)
The law Electronic Transactions Act No. 2017-07 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

TOGO

Since February 1998, last amended in May 2004

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Law No. 98-005 on Telecommunications as amended by Law No. 2004-011 (Loi No. 98-005 du 11 février 1998 sur les télécommunications (telle que modifiée par la loi No. 2004-011 du 3 mai 2004))
Type approval procedures in Togo are regulated by the Autorité de régulation des communications électroniques et des postes (ARCEP). It is reported that the conformity requirements are similar to those of the European Union. The homologation process in Togo does not require local laboratory testing or contact with local representatives. The framework governing the approval of telecommunications equipment is outlined in the Telecommunications Law, with Art. 20 granting the Regulatory Authority the power to establish procedures for equipment approval, designate national and international laboratories, and define conditions for recognising technical standards and specifications.
Coverage Telecom equipment

TOGO

Since May 2015

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Instruction No. 008-05-2015 defining the terms and conditions for the exercise of electronic money issuer activities in the WAMU area (Instruction No. 008-05-2015 définissant les conditions et modalités d'exercice des activités d’émetteurs de monnaie électronique dans l'espace UMOA)
According to Art. 31 of Instruction No. 008-05-2015, which establishes the conditions and modalities for carrying out the activities of electronic money issuers in the West African Monetary Union (WAMU) area, the assets in electronic money held by the same identified client with an issuing institution cannot exceed two million FCFA (approx. 3500 USD), unless expressly authorised by the Central Bank.
Coverage Electronic payments

TOGO

Since October 2019

Pillar Domestic data policies  |  Indicator Framework for data protection
Law No. 2019-014 Relating to the Protection of Personal Data (Loi No. 2019-014 Relative à la Protection des Données à Caractère Personnel)
The Law No. 2019-014 on the protection of personal data provides a comprehensive regime of data protection in Togo. Law No. 2019-014 governs the collection, processing, transmission, storage, and utilisation of personal data in the country. This legislation mandates the establishment of the Togolese Data Protection Authority (IPDCP) and stipulates the appointment of data protection officers.
Coverage Horizontal

TOGO

Since December 2012, last amended in February 2013

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Law No. 2012-018 of 17 December 2012 on electronic communications, amended by Law No. 2013-003 of 19 February 2013 (Loi No. 2012-018 du 17 décembre 2012 sur les communications électroniques, modifiée par la Loi No. 2013-003 du 19 février 2013)
According to Art. 95 of Togo’s 2012 Electronic Communication Law, cryptology services providers are required to keep for one year content and data allowing the identification of anyone who has used their services and provide the technical means that enable the identification of those users.
Coverage Cryptology services providers

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