SUDAN
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Sudan lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
SUDAN
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low 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 100. This is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
SUDAN
Reported in 2017
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Supplier Declaration of Conformity not allowed for foreign businesses
Communication devices must comply with radio communications standards and specifications in terms of frequency bands and transmission power. It must meet the electromagnetic conditions and the health and environmental safety conditions. All communications-related devices and equipment are examined and matched to ensure their conformity with the specifications. The Authority is responsible for enforcing inspection procedures for all communications devices imported into Sudan and their compliance with the approved technical specifications. After conducting the examination and conformity process for the devices, the certificates received from the internationally competent laboratory are verified.
Coverage Communication devices
Sources
- http://www.itu.int/en/ITU-D/Technology/Documents/Events2014/CI_Training_ARB_Tunis_March14/Sudan_presentation.pdf
- https://www.itu.int/dms_pub/itu-d/opb/stg/D-STG-SG02.04.1-2017-PDF-E.pdf
- https://faolex.fao.org/docs/pdf/sud189212.pdf
- https://www.mohamah.net/law/%D9%86%D8%B5%D9%88%D8%B5-%D9%88-%D9%85%D9%88%D8%A7%D8%AF-%D9%82%D8%A7%D9%86%D9%88%D9%86-%D8%A7%D9%84%D9%85%D9%88%D8%A7%D8%B5%D9%81%D8%A7%D8%AA-%D9%88-%D8%A7%D9%84%D9%85%D9%...
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SUDAN
Since July 2009
Pillar Content access |
Sub-pillar Restrictions on online advertising
Press and Publications Act, 2009
According to Art. 9 of the Press and Publications Act 2009, the National Council on Press and Publications (NCPP) issues practical approvals for several media companies, including advertising agencies. It is reported that the cost of issuing the licence is 400,000 pounds (approx. USD 900).
Coverage Advertising sector
SUDAN
Since July 2009
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Press and Publications Act, 2009
According to Art. 9 of the Press and Publications Act 2009, the National Council on Press and Publications (NCPP) issues practical approvals for press companies, institutions, presses, publishers, distributors, service centres and advertising agencies.
For newspapers and other forms of press-related publications to be duly published, the following requirements must be met:
- Obtain a permit from the NCPP upon payment of the fees provided for in the Regulations (Art. 21.a);
- Authorisations/licences may be renewed on an annual basis upon payment of the fees provided for in the Regulations (Art. 21.b).
It is reported that the cost of issuing the licence for each media service and news sites is 400,000 pounds (approx. USD 900).
For newspapers and other forms of press-related publications to be duly published, the following requirements must be met:
- Obtain a permit from the NCPP upon payment of the fees provided for in the Regulations (Art. 21.a);
- Authorisations/licences may be renewed on an annual basis upon payment of the fees provided for in the Regulations (Art. 21.b).
It is reported that the cost of issuing the licence for each media service and news sites is 400,000 pounds (approx. USD 900).
Coverage Media services
SUDAN
Reported in 2022
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that the Cybercrime Act has been used to block access to online news websites. In September 2022, it was ordered the blockage of the website of the Al-Sudani newspaper.
Coverage Online news websites
SUDAN
Reported in 2022, last reported in 2023
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking and filtering of commercial web content
It is reported that in December 2020, the Telecommunications and Post Regulatory Authority (TPRA) approved regulations on content filtering and website blockage. The report mentions the regulations give TPRA the mandate to block certain categories of websites, including gambling sites, peer-to-peer file-sharing websites, VPN websites, websites which call for atheism, and websites of “any additional classifications that the authority considers.” It is further reported that under Art. 8 of the Regulations (which are not available online), ISPs must immediately block websites once they receive a TPRA notice or face fines of up to 300,000 pounds (approx. USD 500).
Coverage Websites, ISPs and telcos
SUDAN
Reported in 2022
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - 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 Sudan. This corresponds to "The government shut down domestic access to the Internet numerous times this year."
Coverage Horizontal
SUDAN
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Sudan's law and jurisprudence.
Coverage Internet intermediaries
SUDAN
Reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
User identity requirement
It is reported that in Sudan, customers must show passports at the point of sale of sim cards and provide a copy of the passport with a form to fill in. Once the procedure is done, customers may receive the sim card and activate it.
It is reported that, in July 2022, the Technical Committee of the Council of Security and Defense in Sudan ordered service providers to suspend all SIM cards that were not registered with a national ID number.
It is reported that, in July 2022, the Technical Committee of the Council of Security and Defense in Sudan ordered service providers to suspend all SIM cards that were not registered with a national ID number.
Coverage Telecommunications sector
SUDAN
Reported in 2023
Pillar Domestic Data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Telecommunications Law of 2018
It is reported that mobile service providers are required to keep records of their customers' information, including full names, full addresses, other phone numbers and place of work. Moreover, the SIM card registration process links phone numbers to users' personal information. It is also reported that under the Telecommunication Law 2018, telecommunication companies must provide customer data to authorities upon request. The Telecommunications Law of 2018 is not available online.
Coverage Telecommunications sector
SUDAN
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor 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 Sudan's law and jurisprudence.
Coverage Internet intermediaries
SUDAN
N/A
Pillar Domestic Data policies |
Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Sudan does not have a comprehensive regime in place for personal data, but it has the Electronic Transactions Act 2007 as a sectoral regulation. A data protection authority has not yet been appointed.
Coverage Horizontal
Sources
- https://dataprotection.africa/sudan/#:~:text=DPA%20legislation%3A%20Sudan%20currently%20has,14%20on%20Information%20Technology%20Crime.&text=Personal%20data%20is%20not%20defined
- https://sherloc.unodc.org/cld/document/sdn/2007/electronic_transactions_act.html?
- https://sherloc.unodc.org/cld/uploads/res/document/sdn/2007/cyber_crimes_act_html/Sudan_electronic_transactions_act_2007.pdf
- https://unctad.org/topic/ecommerce-and-digital-economy/ecommerce-law-reform/summary-adoption-e-commerce-legislation-worldwide
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SUDAN
Since June 2014
Pillar Domestic Data policies |
Sub-pillar Minimum period for data retention
Anti-Money Laundering and Combating the Financing of Terrorism Act 2014
According to Art. 6 of the Anti-Money Laundering and Combating the Financing of Terrorism Act 2014, financial and non-financial institutions are required to keep records and data relating to customers and transactions and ensure that these records and information are made available to the competent authorities with reasonable speed. The records must be kept for a period of at least five years after the termination of the business relationship or the execution of the incidental transaction, whichever is longer. The article also stipulates that records and data relating to domestic and international transactions, whether executed or attempted, should be kept for at least five years after the transaction, and such records shall be detailed enough to allow the steps of each transaction to be tracked separately.
Coverage Horizontal
SUDAN
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Sudan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal