Database

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SOMALIA

Since March 2023

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Data Protection Act - Law No. 005 of 2023 (Sharci lr. 005 | Sharciga Dhowrista Xogta Dadwaynaha)
Art. 29 of the Data Protection Act mandates that a data controller of significant importance must conduct a DPIA before commencing any processing activities that are likely to pose a high risk to the rights and freedoms of data subjects due to the nature, scope, context, or purposes of the processing. Additionally, the data controller is required to submit a data impact assessment report to the relevant authority prior to initiating the processing activities.
Coverage Horizontal

SOMALIA

Since March 2023

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Data Protection Act - Law No. 005 of 2023 (Sharci lr. 005 | Sharciga Dhowrista Xogta Dadwaynaha)
Art. 34 of the Data Protection Act stipulates that a data controller of significant importance must appoint a DPO who possesses expert knowledge of data protection laws and practices. The DPO is responsible for advising the data controller on its obligations under the Act, monitoring compliance with the Act and the data controller's related policies, and serving as the liaison with the Authority on matters concerning personal data processing. The DPO may either be an employee of the data controller or engaged through a service contract.
Coverage Horizontal

SOMALIA

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 Somalia's law and jurisprudence.
Coverage Internet intermediaries

SOMALIA

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 Somalia's law and jurisprudence.
Coverage Internet intermediaries

SOMALIA

Since October 2017

Pillar Intermediary liability  |  Indicator User identity requirement
National Telecommunication Law (Sharciga Isgaarsiinta Qaranka)
According to Art. 67 of the National Telecommunications Law of 2017, communication companies must register all existing and new SIM cards and telephone line holders to secure customers' ownership and personal rights. To fulfil this requirement, customers must present valid personal identification documents to contract mobile services.
Coverage Telecommunications sector

SOMALIA

Reported in 2019, last reported in 2024

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
The government of Somalia has reportedly enacted several restrictions on web content and digital platforms in recent years. In 2019, authorities temporarily blocked access to major social media platforms, including Facebook, Twitter, WhatsApp, and YouTube, for a period of five days during national high school examinations, with the stated aim of preventing cheating and the unauthorised circulation of exam materials. More recently, in August 2023, the Ministry of Communications and Technology instructed internet service providers to block access to a range of platforms and websites, including TikTok, Telegram, and the online gambling site 1xBet. As of 2024, these platforms remain inaccessible within the country. Furthermore, in February 2024, the National Intelligence and Security Agency (NISA) announced the shutdown of 14 websites allegedly operated by the extremist group al-Shabab, as part of broader counterterrorism measures.
Coverage Social media

SOMALIA

Reported in 2025

Pillar Content access  |  Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Somalia for the year 2024. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal

SOMALIA

Since October 2017

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
National Telecommunication Law (Sharciga Isgaarsiinta Qaranka)
Somalia has established a telecommunications regulatory body known as the National Communications Authority (NCA). The NCA was created under the National Telecommunication Law, which stipulates in Art. 7 that it functions as an autonomous agency in the performance of its duties, free from interference by other governmental institutions. It possesses legal personality, granting it the capacity to initiate or defend legal proceedings in its own name, consistent with the procedures applicable to government agencies. Nevertheless, similar to other governmental bodies, the NCA falls administratively under the jurisdiction of the minister responsible for national communications. Despite this administrative oversight, the law affirms that the NCA retains autonomy in executing the responsibilities assigned to it under the Law.
Coverage Telecommunications sector

SOMALIA

Since March 2023

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Data Protection Act - Law No. 005 of 2023 (Sharci lr. 005 | Sharciga Dhowrista Xogta Dadwaynaha)
Art. 30 of the Data Protection Act provides that a data controller may not transfer personal data to a country outside the country unless one of the following conditions is met:
- The personal data will be received solely in countries that provide an adequate level of protection;
- The recipient is an international organisation whose policies and administrative and technical measures afford an adequate level of protection;
- The recipient is subject to a law, binding corporate rules, contractual clauses, code of conduct, certification mechanism or other measures that afford an adequate level of protection; or
- The transfer meets one of the several criteria in Art. 31, which include consent of the data subject and the necessity of the processing for the entering into or performance of a contract with the data subject.
Coverage Horizontal

SOMALIA

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreement with binding commitment on data flows
Somalia has not joined any agreement committing to open transfer of cross-border data flows.
Coverage Horizontal

SOMALIA

Since November 2015

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Foreign Investment Law of 2015 (Sharciga Maalgashiga Shisheeye)
According to the 2015 Foreign Investment Law, all foreign investors are required to obtain a certificate from the Foreign Investment Board in order to invest in the country. Pursuant to Art. 8, foreign investors must complete the investment application form at the Ministry of National Planning and submit it by registered mail to the Foreign Investment Board. As provided in Art. 9, the Board must notify the applicant of its decision within sixty days of receiving a complete application, and any approval is formalised through the issuance of a foreign investment certificate, which is valid for 24 months from the date of issuance.
Coverage Horizontal

SOMALIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Lack of procedures to file patents in the country
It is reported that Somalia has neither a patent nor an industrial design registration system, and that the only available means of seeking protection is the publication of a “cautionary notice” in a local newspaper. The Constitution contains no specific provisions on the protection or enforcement of intellectual property, and there is, moreover, no formal legislation governing intellectual property rights in the country.
Coverage Horizontal

SOMALIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the enforcement of patents
Lack of procedures to enforce patents in the country
It is reported that Somalia currently lacks an institutional framework for the enforcement of intellectual property rights, including patents. Furthermore, although Somalia is a member of the African Regional Intellectual Property Organisation (ARIPO), it has not yet acceded to the relevant ARIPO protocols, meaning that patents granted by ARIPO have no legal effect in Somalia.
Coverage Horizontal

SOMALIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Somalia is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

SOMALIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Lack of implementation of the copyright law
Somalia has enacted the Copyright Law (Law No. 66 of 7 September 1977). However, there is no indication that implementing regulations have ever been promulgated to operationalise the law.
Coverage Horizontal

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