SOUTH SUDAN
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
South Sudan does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
SOUTH SUDAN
Since April 2011
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumers Protection Act 2011
The Consumers Protection Act 2011 provides a comprehensive framework for consumer protection that also applies to online transactions. According to Art. 2, the purpose of the law is to establish a legal framework for the protection of the interests and welfare of consumers in their dealings with producers and suppliers. In addition, according to Art. 4, the Act applies to any consumer transaction occurring within South Sudan between a supplier and a consumer unless the transaction is exempted under subsection.
Coverage Horizontal
SOUTH SUDAN
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
South Sudan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SOUTH SUDAN
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
South Sudan has not joined any agreement with binding commitments to open transfers of data across borders. However, South Sudan has been a member of the East African Community EAC since 2016 and is an observer of COMESA.
Coverage Horizontal
SOUTH SUDAN
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of legal framework for data protection
South Sudan does not have a comprehensive regime of data protection in place.
Coverage Horizontal
SOUTH SUDAN
Since May 2021
Pillar Domestic data policies |
Indicator Minimum period for data retention
Cybercrimes and Computer Misuse Provisional Order, 2021
Section 6 of the Cybercrimes and Computer Misuse Provisional Order imposes an obligation on service providers to store for 180 days information relating to communications, including personal data and traffic data of subscribers. A service provider is defined as a public or private entity that provides to users of its services the means to communicate by use of a computer system and any other entity that processes or stores computer data on behalf of that entity or its users (Section 5).
Coverage Online service providers
Sources
- https://web.archive.org/web/20230416095836/https://dr.211check.org/wp-content/uploads/2022/05/Cyber-crimes-and-Computer-Misuse-Provisional-Order.pdf
- https://web.archive.org/web/20230926070630/https://www.dataguidance.com/jurisdiction/south-sudan
- https://web.archive.org/web/20220123193116/https://cipesa.org/?wpfb_dl=480
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SOUTH SUDAN
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 South Sudan's law and jurisprudence.
Coverage Internet intermediaries
SOUTH SUDAN
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 South Sudan's law and jurisprudence.
Coverage Internet intermediaries
SOUTH SUDAN
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that South Sudan imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
SOUTH SUDAN
Reported in 2021, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
In recent years, there have been several reported cases of web content blocking, illustrating the challenge of restricted access to online platforms. In late June 2020, Sudan's Post publicly announced that government authorities had blocked access to its content. In August 2021, it was noted that Facebook and WhatsApp faced restrictions ahead of planned protests, underscoring the ongoing issue of online content limitations. Moreover, it is reported the government’s South Sudan National Communication Authority at times blocked access to certain websites in 2023, such as two popular news websites, Radio Tamazuj and Sudans Post, as well as social media personalities and other online news generators.
Coverage Media outlets, blogs and social media
Sources
- https://web.archive.org/web/20240423144745/https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/south-sudan/
- https://web.archive.org/web/20231226211923/https://ooni.org/post/south-sudan-censorship/#blocked-websites
- https://web.archive.org/web/20210117144939/https://www.nyamile.com/2020/08/17/swedish-group-says-silent-media-blocking-continue-in-south-sudan/
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SOUTH SUDAN
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 1 in South Sudan for the year 2024. This corresponds to "The government shut down domestic access to the Internet numerous times this year."
Coverage Horizontal
SOUTH SUDAN
Since June 2012
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
National Communication Act, 2012
Sections 28-30 of the National Communication Act restrict the use, import or trade of any communication equipment or materials except under a licence issued by the Authority.
Coverage Communication equipment
SOUTH SUDAN
Since January 2009
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Investment Promotion Act
Section 21 of the Investment Promotion Act outlines the process for screening and approving FDI applications prior to the issuance of an investment certificate by the Southern Sudan Investment Authority. Section 22 specifies the conditions required for granting such a certificate, including provisions for job creation and technology transfer. It has been reported, however, that the government does not publicly disclose details regarding its application screening procedures.
Coverage Horizontal
SOUTH SUDAN
Reported in 2019, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Lack of adequate enforcement of patents
It is reported that the legal structure for intellectual property rights (IPR) is weak, and enforcement is lax in South Sudan. While the 2009 Investment Promotion Act includes an article on the protection of IPR in Section 35, neither the legislature nor any government ministry implemented laws or regulations governing trademarks, copyrights, or patents. It is reported that limited protection is obtained through filing a cautionary notice.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220701195936/https://njq-ip.com/country/south-sudan/patents/
- https://web.archive.org/web/20240217134145/https://www.state.gov/reports/2023-investment-climate-statements/south-sudan/
- https://web.archive.org/web/20231004111957/https://www.state.gov/reports/2019-investment-climate-statements/south-sudan/
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SOUTH SUDAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
South Sudan is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
