Database

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SOMALIA

Since April 2021

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Identity requirement for SIM cards
It is reported that Somalia is among the 157 countries where SIM registration is mandatory. In order to have a SIM card registered in a person's name, one needs to have identification credentials and other personal information (such as name, Identification Number and address).
Coverage Telecommunications sector

SOMALIA

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Lack of safe harbor for copyright infringement
In Somalia, there is no safe harbor that protects intermediaries from liability in case of copyright infringement.
Coverage Intermediaries
Source
  • N/F

SOMALIA

N/A

Pillar Cross-border data policies  |  Sub-pillar 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

N/A

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive data protection regime
Somalia currently does not have a data protection legislation into force even though several public bodies, including the Somalia Chamber of Commerce and Industry, the Federal Minister of Posts, Telecommunications and Technology, and the Minister of Commerce and Industry, have suggested the creation of a privacy legislation to the Cabinet of Federal Government of Somalia. There are, however, sectoral data protection provisions in, for example, the telecommunications sector. The Federal Republic of Somalia National Communications Law of 2 October 2017 aims at regulating the telecommunications services in order to, among other things, protect the confidentiality and privacy of communications.
Coverage Horizontal

SOMALIA

Since October 2017

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
National Communications Law
It is reported that there is a legal limit on the number of licenses, a minimum capital requirement to obtain a license and other licensing criteria. However, these restrictions are not found in the law. The licensing regime is regulated by the National Telecommunications Law of 2017.
Coverage Telecommunications sector

SOMALIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regime on trade secrets
The republic of Somalia lacks a regime of effective protection for trade secrets.
Coverage Horizontal

SOMALIA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Passive infrastructure sharing obligation
It is reported that passive sharing of infrastructure in the telecom market is not mandated, but it is practiced in the mobile and fixed sectors based on commercial agreements. In addition, some telecom companies and internet providers, Somtel, Telesom, and Somcable agreed with the government to share the landing and operation of submarine cables to enter the country.
Coverage Telecommunications sector

SOMALIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the Performances and Phonogram Treaty of the World Intellectual Property Organization
Somalia is not a signatory member of the WIPO Performances and Phonograms Treaty.
Coverage Horizontal

SOMALIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Lack of implementation of the copyright law
Somalia has enacted the Copyright Law (Law No. Law No. 66 of 7 September 1977). However, there are no indications that any regulations to implement it have ever been issued.
Coverage Horizontal

SOMALIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the Copyright Treaty of the World Intellectual Property Organization.
Somalia is not a signatory member of the WIPO Copyright Treaty.
Coverage Horizontal

SOMALIA

N/A

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

SOMALIA

Reported in 2021

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the enforcement of patents
Lack of procedures to enforce patents in the country
It is reported that the Patents & Trade Marks Registry in Somalia does not currently have any structure for enforcement of IP, including patents. Somalia is a member of the African Regional Intellectual Property Organization (ARIPO), but only of the Lusaka Agreement, therefore ARIPO patents are not valid in Somalia.
Coverage Horizontal

SOMALIA

Reported in 2019

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Lack of procedures to file patents in the country
It is reported that there is no patent or design registration procedure in Somalia, and the only way to obtain protection is through publishing a “cautionary notice” in a local newspaper.
Coverage Horizontal

SOMALIA

Since January 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Law No. 001/2021 - The Regulation of Company Law
Art. 19 (f) of Law No. 001/2021 stipulates that to register a foreign company branch in Somalia, the names and passports of the director or directors of the foreign company based in Somalia must accompany the company registration application documents. This suggests that, in order to register a foreign company in Somalia, some directors should be based in Somalia.
Coverage Horizontal

SOMALIA

Since May 1987

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Law No. 19 - Foreign Investment Law
According to the Foreign Investment Law, all foreign investors must apply for a certificate from the Foreign Investment Board in order to invest in the country. According to Art. 8, foreign investors must complete the investment application form at the Ministry of National Planning and send it by registered mail to the Foreign Investment Board. The Foreign Investment Board will notify the applicant of its decision within sixty days of receipt of the completed application and approval will be granted by means of a foreign investment certificate, which will be valid for 18 months from the date of issuance, as set forth in Art. 9. Additionally, any additional investment in an already registered company requires a new application and approval according to the established procedures.
Coverage Horizontal