SAO TOME AND PRINCIPE
Since May 2016
Pillar Cross-border data policies |
Indicator Conditional flow regime
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)
According to Art. 19 of Law No. 03/2016, cross-border transfer of personal data is only permitted to countries considered to provide adequate levels of protection, as determined by the National Data Protection Agency (ANPDP). However, according to Art. 20, the transfer to a legal system that does not ensure an adequate level of protection may be carried out by notifying the ANPDP or is permitted where the data subject has given their consent;
- the transfer is necessary for the performance of a contract between the data subject and the controller;
- the transfer is necessary for the performance of a contract entered into in the interest of the data subject between the controller and third party;
- the transfer is necessary or required by law for the protection of an important public interest or for the declaration, exercise or defence of a right in legal proceedings
- the transfer is necessary to protect the vital interests of a data subject; or
- the transfer is made from a register which, according to the laws or regulations, is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate legitimate interest provided conditions laid down in the law for consultation are fulfilled in each case.
In addition, the ANPDP may authorise a transfer or a set of transfers of personal data to a jurisdiction which does not ensure an adequate level of protection provided that the controller ensures adequate mechanisms to ensure the protection of privacy and the fundamental rights and freedoms of persons and of their performance, in particular by means of appropriate contractual clauses.
- the transfer is necessary for the performance of a contract between the data subject and the controller;
- the transfer is necessary for the performance of a contract entered into in the interest of the data subject between the controller and third party;
- the transfer is necessary or required by law for the protection of an important public interest or for the declaration, exercise or defence of a right in legal proceedings
- the transfer is necessary to protect the vital interests of a data subject; or
- the transfer is made from a register which, according to the laws or regulations, is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate legitimate interest provided conditions laid down in the law for consultation are fulfilled in each case.
In addition, the ANPDP may authorise a transfer or a set of transfers of personal data to a jurisdiction which does not ensure an adequate level of protection provided that the controller ensures adequate mechanisms to ensure the protection of privacy and the fundamental rights and freedoms of persons and of their performance, in particular by means of appropriate contractual clauses.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231207201642/https://www.dataguidance.com/sites/default/files/STP%20-%20Lei%20n.%C2%BA%2003_2016%20-%20Lei%20de%20Garantia%20e%20Protec%C3%A7%C3%A3o%20dos%20Dados%20Pesso...
- https://web.archive.org/web/20240416083900/https://www.redipd.org/sites/default/files/2020-03/lei-3-2016-proteccao-de-dados-pessoais.pdf
SAO TOME AND PRINCIPE
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
São Tomé e Príncipe has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
10.24%
Coverage rate of zero-tariffs on ICT goods (%)
0%
Coverage: ICT goods
Sources
- http://wits.worldbank.org
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
SAO TOME AND PRINCIPE
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA I) and in ITA Expansion Agreement (ITA II)
São Tomé e Príncipe is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA I) nor the 2015 expansion (ITA II). In fact, São Tomé e Príncipe is not a member of the WTO, although it is an observer.
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
SAO TOME AND PRINCIPE
Since August 2009
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 8/2009 - Approves the Bidding and Public Procurement Regulations (Lei No. 8/2009 - Aprova o Regulamento de Licitação e Contratações Públicas)
According to Art. 43 of Law No. 8/2009, domestic preference margins may be applied in international public tenders, allowing up to 7.5% for works and up to 10% for goods and services produced in São Tomé e Príncipe.
Coverage Horizontal
SAO TOME AND PRINCIPE
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
São Tomé e Príncipe is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status. In fact, São Tomé e Príncipe is not a member of the WTO, although it is an observer.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since April 1993
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 2/93 - Press Law (Lei No. 2/93 - Lei de Imprensa)
Art. 13 of Law No. 2/93 states that journalistic companies with a profit motive, based in the country and subject only to São Toméan law, may have foreign capital participation up to 25% and without voting rights. This includes online newspapers. In fact, Art. 10 defines journalistic companies as those whose main purpose is the collection, processing and dissemination of news, comments and images intended for publication in the periodical press.
Coverage Online newspapers
SAO TOME AND PRINCIPE
Since April 1993
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Law No. 2/93 - Press Law (Lei No. 2/93 - Lei de Imprensa)
Art. 14.1 of Law No. 2/93 requires that directors and managers of journalistic companies must be nationals or natural persons in full possession of their civil rights and resident in the country. This includes online newspapers. In fact, Art. 10 defines journalistic companies as those whose main purpose is the collection, processing and dissemination of news, comments and images intended for publication in the periodical press.
Coverage Online newspapers
SAO TOME AND PRINCIPE
Since November 2016
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Decree-Law No. 19/2016 - Investment Code (Decreto-Lei No. 19/2016 - Código de Investimentos)
In accordance with Arts. 27, 28 and 29 of Decree-Law No. 19/2016, all inbound investment proposals must be screened and approved by the applicable ministry for the economic sector in coordination with the Trade and Investment Promotion Agency (APCI). Following Art. 14, an investment proposal can be rejected if it threatens national security, public health, or ecological equilibrium and if the proposal has a negative effect or insufficient contribution to the country’s economy. The government encourages but does not require the hiring of the local workforce.
Coverage Horizontal
SAO TOME AND PRINCIPE
Since December 2001
Since January 2017, entry into force in February 2017
Since January 2017, entry into force in February 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law No. 4/2001 on Industrial Property
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 (Decreto Lei No. 23/2016 - Código de Propriedade Intelectual)
Art. 28 of Law No. 4/2001 and Art. 3 of Decree-Law No. 23/2016 establish that legal and procedural actions related to industrial property can only be filed with the National Service of Intellectual Property and Quality of São Tomé e Príncipe (SENAPIQ-STP) and that natural or legal persons who are not established or domiciled in São Tomé e Príncipe must appoint an industrial property agent with residence in São Tomé e Príncipe to represent them. This is also applicable to the filing of patent applications.
Coverage Horizontal
