SAO TOME AND PRINCIPE
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
São Tomé e Príncipe lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
SAO TOME AND PRINCIPE
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 United Nations (UN) Convention on the Use of Electronic Communications
São Tomé e Príncipe has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SAO TOME AND PRINCIPE
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
São Tomé e Príncipe has not adopted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
SAO TOME AND PRINCIPE
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
São Tomé e Príncipe has not adopted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signature.
Coverage Horizontal
SAO TOME AND PRINCIPE
Reported in 2022
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Self-certification is allowed in São Tomé e Príncipe for radio transmission, electromagnetic interference (EMI) or electromagnetic compatibility (EMC). São Tomé e Príncipe allows foreign companies to self-certify that they comply with these standards through a Supplier Declaration of Conformity (SDoC).
Coverage Electronic products
Sources
- https://web.archive.org/web/20230518055527/https://www.stp-press.st/2023/05/17/uit-vai-ajudar-sao-tome-e-principe-a-modernizar-os-servicos-das-telecomunicacoes/
- https://ager.st/images/Decreto_28_2011_Licenca_STPC.pdf
- https://ager.st/documentation/decreto_lei_3_2004.pdf
- https://web.archive.org/web/20231025063640/https://www.itu.int/en/membership/Documents/signatories-pp10.pdf
- Show more...
SAO TOME AND PRINCIPE
Since May 2016
Pillar Domestic data policies |
Indicator Framework for data protection
Law No. 03/2016 - Aims to Guarantee and Protect the Personal Data of Individuals (Lei No. 03/2016 - Visa Garantir e Proteger os dados pessoais das Pessoas Singulares)
Law No. 03/2016 establishes a comprehensive data protection framework and addresses matters such as data processing notifications, data protection principles, data processor agreements, and essential data subject rights.
Coverage Horizontal
SAO TOME AND PRINCIPE
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 São Tomé e Príncipe's law and jurisprudence.
Coverage Internet intermediaries
SAO TOME AND PRINCIPE
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 infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in São Tomé e Príncipe's law and jurisprudence.
Coverage Internet intermediaries
SAO TOME AND PRINCIPE
Since August 2012
Pillar Intermediary liability |
Indicator User identity requirement
Regulation on the Registration and Identification of SIM Cards – Decree No. 20 of 2012 (Decreto No. 20/2012 - Regulamento sobre Registo de Identificação dos Cartões SIM
Arts. 7 and 8 of Decree No. 20/2012 impose that the purchasers of SIM cards register their names and national identity numbers before the telecommunications operators.
Coverage Telecommunications sector
SAO TOME AND PRINCIPE
Since July 2008
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
São Tomé e Príncipe is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SAO TOME AND PRINCIPE
Since April 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Decree-Law No. 02/2017 - Copyright and Related Rights Code (Decreto Lei No. 02/2017 - Código do Direito de Autor e Direitos Conexos)
São Tomé e Príncipe has a copyright regime under the Copyright Code of 2017. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 75 lists the exceptions, which include reproduction and making available to the public by means of social communication and for the purposes of information; reproduction for scientific research purposes; reproduction as part of teaching activities; and reporting current events, among others.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since January 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
São Tomé e Príncipe has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since January 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
São Tomé e Príncipe has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since January 2017, entry into force in February 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Decree-Law No. 23/2016 - Intellectual Property Code (Decreto Lei No. 23/2016 - Código de Propriedade Intelectual)
Decree-Law No. 23/2016 - Intellectual Property Code establishes a comprehensive framework for the effective protection of trade secrets in São Tomé e Príncipe, including definitions, penalties, and applicable remedies. According to Art. 278, the disclosure, acquisition, or use of a competitor's business secrets without consent constitutes an offence punishable under this Code, provided the information meets the following criteria:
i) it is secret, meaning it is not generally known or readily accessible, in its entirety or in the specific configuration and assembly of its components, to individuals within circles that typically handle such information;
ii) it possesses commercial value due to its secrecy; and
iii) it has been subject to reasonable measures, under the circumstances, by the lawful holder of the information to maintain its secrecy.
Art. 280 stipulates fines ranging from DBS 5 million to DBS 50 million (approx. USD 200 to USD 2,200) for individuals, and DBS 25 million to DBS 250 million (approx. USD 1,110 to USD 11,150) for corporate entities.
i) it is secret, meaning it is not generally known or readily accessible, in its entirety or in the specific configuration and assembly of its components, to individuals within circles that typically handle such information;
ii) it possesses commercial value due to its secrecy; and
iii) it has been subject to reasonable measures, under the circumstances, by the lawful holder of the information to maintain its secrecy.
Art. 280 stipulates fines ranging from DBS 5 million to DBS 50 million (approx. USD 200 to USD 2,200) for individuals, and DBS 25 million to DBS 250 million (approx. USD 1,110 to USD 11,150) for corporate entities.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since May 2013
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Decree No. 6/2013 - Approving the granting of an exploration licence to UNITEL STP, S:A:R:L. (Decreto No. 6/2013 - Aprova a atribuição de Licença de Exploração de Comunicação a UNITEL STP, S:A:R:L.)
There is an obligation for passive infrastructure sharing in São Tomé e Príncipe to deliver telecom services to end users under Art. 8.8 of Decree No. 6/2013. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
