RWANDA
Since June 2016
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Law No. 24/2016 of 18/06/2016 Governing Information Communication and Technologies
Art. 40 of the Law Governing Information Communication and Technologies establishes licensing requirements for various categories of electronic communications services. These categories are broadly defined and may encompass services that are not strictly related to broadcast or broadband spectrum use. As a result, the licensing requirement potentially extends to nearly all Internet service providers and related businesses, including digital news platforms.
The categories include:
- Application service licensees: Entities that offer services built upon the infrastructure of network service providers, such as sound transmission, electronic data storage, internet access, and other forms of information transfer.
- Content service licensees: Entities that deliver content via communications networks, including satellite television, radio earth station transmissions, online information access platforms, and other electronic communications services.
The categories include:
- Application service licensees: Entities that offer services built upon the infrastructure of network service providers, such as sound transmission, electronic data storage, internet access, and other forms of information transfer.
- Content service licensees: Entities that deliver content via communications networks, including satellite television, radio earth station transmissions, online information access platforms, and other electronic communications services.
Coverage Digital content providers and applications
Sources
- https://web.archive.org/web/20231026071608/https://rura.rw/index.php?id=50
- https://web.archive.org/web/20231209080338/https://freedomhouse.org/country/rwanda/freedom-net/2021
- https://web.archive.org/web/20230511104923/https://www.article19.org/wp-content/uploads/2018/05/Analysis-Rwanda-ICT-Law-April-2018.pdf
- Show more...
RWANDA
Since October 2011
Since July 2022
Since July 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Ministerial Guidelines No. 1 of 25 October 2011 Related to the Importation of Used Electronic/ICT Equipment
Regulation No. 5/2022 governing Trade of Used Electrical and Electronic Equipment
Regulation No. 5/2022 governing Trade of Used Electrical and Electronic Equipment
Rwanda has established a regulatory framework to control the importation of used information and communication technology (ICT) equipment. Ministerial Guidelines No. 1 of 25 October 2011 prohibit the import of used computers for commercial purposes into Rwandan territory (Art. 6). Nevertheless, Arts. 7 to 14 outline specific exemptions, including imports for educational institutions and personal use. Complementing these provisions, Regulation No. 5/2022, which governs the trade in used electrical and electronic equipment, introduces a licensing regime for the importation of such goods. The list of authorised used equipment permitted for importation and marketing is detailed in Annex II to the Regulation.
Coverage Used ICT goods
RWANDA
N/A
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in import procedures
It has been reported that import duties are applied inconsistently; for instance, local customs officials have attempted to charge importers duties based on their perception of the value of an import, regardless of the actual purchase price. This may limit the volume of ICT products that can be imported.
Coverage Horizontal
RWANDA
Since May 2020
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Regulation No. 011/R/STD-ICT/RURA/020 of 29/05/2020 Governing Importation, Supply and Type Approval for Electronic Communication Equipment
In Rwanda, a Simplified Type Approval Regime is issued following a third-party certification from Conformity Assessment Bodies recognised by the Regulatory Authority; as such, there is recognition of test reports and certificates.
Under Art. 17 of Regulation No. 011/R/STD-ICT/RURA/020 of 29/05/2020, Governing Importation, Supply and Type Approval for Electronic Communication Equipment, the Electronic Communications Equipment (ECE) that possesses the appropriate Certificate of Compliance from either a National Regulatory Authority or a Conformity Assessment Body recognised by the Regulatory Authority confirming compliance with the required standards may be eligible for Simplified Type Approval Regime.
Additionally, under Art. 35, any test report from an accredited testing laboratory is only accepted by the regulatory authority if it is in compliance with ISO/IEC 17025 and/or certified by an accreditation body that is a member of ILAC.
Under Art. 17 of Regulation No. 011/R/STD-ICT/RURA/020 of 29/05/2020, Governing Importation, Supply and Type Approval for Electronic Communication Equipment, the Electronic Communications Equipment (ECE) that possesses the appropriate Certificate of Compliance from either a National Regulatory Authority or a Conformity Assessment Body recognised by the Regulatory Authority confirming compliance with the required standards may be eligible for Simplified Type Approval Regime.
Additionally, under Art. 35, any test report from an accredited testing laboratory is only accepted by the regulatory authority if it is in compliance with ISO/IEC 17025 and/or certified by an accreditation body that is a member of ILAC.
Coverage Electronic products
RWANDA
Since May 2020
Pillar Domestic data policies |
Indicator Minimum period for data retention
Regulation No. 012/R/MRCER/RURA/020 of 29/05/2020 Governing Licensing of Multimedia Services Provision in Rwanda
Art. 18 of the Regulation Governing Licensing of Multimedia Services Provision requires multimedia services to ensure that the recordings are kept for 90 calendar days in case the Regulatory Authority requests a copy of any recording. Multimedia services are defined as "media services such as data or text, visual image, audio, audio-visual, offered to the end users through an electronic device including but not limited to online newspaper, Internet radio, Internet TV, audio and VoD, IPTV and mobile TV".
Coverage Online newspaper, Internet radio services, Internet TV services, VoD services, IPTV, Mobile TV services and other related multimedia services
RWANDA
Since October 2021
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 058/2021 of 13/10/2021 relating to the Protection of Personal Data and Privacy
Art. 40 of the Law relating to the Protection of Personal Data and Privacy requires companies to appoint a Data Protection Officer (DPO). The data controller and the data processor are required to designate a data protection officer if the processing of personal data is carried out by a public or private corporate body or a legal entity. The core activities of the data controller or the data processor consist of personal data processing operations which, by virtue of their nature, their scope or their purposes, require regular and systematic monitoring of data subjects on a large scale.
Additionally, under Art. 38 (3), the data controller and the data processor are to carry out personal Data Protection Impact Assessments (DPIA) in compliance with the principles of the processing of personal data. The DPIA is to be carried out in cases where the processing of personal data is likely to result in a high risk to the rights and freedoms of a natural person.
Additionally, under Art. 38 (3), the data controller and the data processor are to carry out personal Data Protection Impact Assessments (DPIA) in compliance with the principles of the processing of personal data. The DPIA is to be carried out in cases where the processing of personal data is likely to result in a high risk to the rights and freedoms of a natural person.
Coverage Horizontal
RWANDA
Since August 2013
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Law No. 60/2013 of 22 August 2013 Regulating the Interception of Communications
Art. 3 of the Interception of Communications Law provides for unrestricted access to personal data if it is done in the interest of national security. Furthermore, the Interception of Communications Law provides that an interception warrant must be issued by a national prosecutor designated by the Minister of Justice. Under Art. 7, communications service providers are required to ensure that their systems have the technical capability to intercept communications on demand. Security officials also have the power to “intercept communications using equipment that is not facilitated by communication service providers”, which effectively allows the authorities to hack into a telecommunications network without a provider’s knowledge or assistance.
Coverage Horizontal
RWANDA
Since April 2011
Since June 2016
Since June 2016
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Guidelines for Siting and Sharing of Telecommunication Base Station Infrastructure, 2011
Law No. 24/2016 of 18/06/2016 Governing Information and Communication Technologies
Law No. 24/2016 of 18/06/2016 Governing Information and Communication Technologies
Under the Guidelines for Siting and Sharing of Telecommunication Base Station Infrastructure (2011) and Law No. 24/2016 of 18/06/2016 Governing Information and Communication Technologies, Rwanda has established a regulatory obligation for passive infrastructure sharing to support the delivery of telecommunications services to end users.
According to Section 4.2.4, when requested by another licensee, each operator or service provider must disclose complete information on the location and technical specifications of their towers within a maximum of 10 working days. Furthermore, within an additional 10 working days, the operator must grant escorted access to the site upon request by another licensee seeking to assess the feasibility of infrastructure sharing.
Furthermore, pursuant to Art. 71 of Law No. 24/2016 licensed network operators must share the use of their electronic communications infrastructures on agreed upon terms and conditions.
According to Section 4.2.4, when requested by another licensee, each operator or service provider must disclose complete information on the location and technical specifications of their towers within a maximum of 10 working days. Furthermore, within an additional 10 working days, the operator must grant escorted access to the site upon request by another licensee seeking to assess the feasibility of infrastructure sharing.
Furthermore, pursuant to Art. 71 of Law No. 24/2016 licensed network operators must share the use of their electronic communications infrastructures on agreed upon terms and conditions.
Coverage Telecommunications sector
RWANDA
Since August 2024
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Regulation No. 18/R/SM-ICT/RURA/2024 of 09/08/2024 Governing SIM Card Registration in Rwanda
Art. 30 of Regulation No. 18/R/SM-ICT/RURA/2024, concerning access to operators’ databases by the regulatory authority, stipulates that the authority shall be granted access to the SIM card registration database without a court order. Licensees must also permit authorised officers to access their systems, premises, facilities, and all relevant records and data, to facilitate inspections and ensure compliance with the Regulation. Also in this case, the law does not require a court order. This Regulation repeals Regulation No. 004/ICT/RURA/2018, which contained a similar provision under Art. 25.
Coverage Horizontal
Sources
RWANDA
Reported in 2023
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
In 2013, the Rwandan government and Korean Telecom (KT) entered into a 25-year agreement to establish a 4G wholesale network in the country. As part of the partnership, the Rwandan government acquired a 49% stake in KT Rwanda networks Ltd (KTRN), with the remaining 51% owned by Korean Telecom.
Coverage Telecommunications sector
RWANDA
Since May 2010
Since June 2016
Since June 2016
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Law No. 18/2010 of 12/05/2010 relating to Electronic Messages, Electronic Signatures and Electronic Transactions
Law No. 24/2016 of 18/06/2016 Governing Information Communication and Technologies
Law No. 24/2016 of 18/06/2016 Governing Information Communication and Technologies
Law No. 18/2010 establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 8, intermediaries and telecommunications network service providers are absolved of liability for the contents of documents or electronic messages transmitted through their networks by an individual. This liability applies to the creation, publication, and dissemination of electronic messages on the network and the use of such electronic messages in contravention of the law.
Furthermore, under Art. 10 of the same law, telecommunications operators and intermediaries are not liable for providing access to information, transmission or its retention as long as they do not initiate the transmission of the information or select the addressee and cannot modify the electronic communication. Under Art. 11, an intermediary or a certification authority shall not be liable for the automatic, intermediate, and temporary storage of that electronic record, in case the intention of such storage of electronic record is its onward transmission to other recipients who requested for it.
Additionally, under Art. 12, an intermediary that provides a service comprising the storage of electronic messages shall not be liable for damages arising from information stored if it is not aware that the information or the activity relating to the information infringes any person. Under Art. 13, an intermediary shall not be liable for damages incurred when it links its services with other websites containing electronic messages or activities that do not fulfil legal requirements. Arts. 188-192 of the Law Governing Information Communication and Technologies outlines the limits to liability to electronic service and network providers, limits of caching, hosting, and relating to information local tools.
Furthermore, under Art. 10 of the same law, telecommunications operators and intermediaries are not liable for providing access to information, transmission or its retention as long as they do not initiate the transmission of the information or select the addressee and cannot modify the electronic communication. Under Art. 11, an intermediary or a certification authority shall not be liable for the automatic, intermediate, and temporary storage of that electronic record, in case the intention of such storage of electronic record is its onward transmission to other recipients who requested for it.
Additionally, under Art. 12, an intermediary that provides a service comprising the storage of electronic messages shall not be liable for damages arising from information stored if it is not aware that the information or the activity relating to the information infringes any person. Under Art. 13, an intermediary shall not be liable for damages incurred when it links its services with other websites containing electronic messages or activities that do not fulfil legal requirements. Arts. 188-192 of the Law Governing Information Communication and Technologies outlines the limits to liability to electronic service and network providers, limits of caching, hosting, and relating to information local tools.
Coverage Internet intermediaries
RWANDA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Rwanda does not mandate functional separation for operators with significant market power (SMP) in the telecom market. Yet, the country mandates accounting separation under Art. 103 of Law No. 24/2016 of 18/06/2016 Governing Information and Communication Technologies. This is also confirmed by Art. 18 and Section 15 of Annex II of Regulation No. 013/R/EC-ICT/RURA/2021 of 25/02/2021 Governing Licensing in Electronic Communication.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250421153137/https://rwandalii.org/akn/rw/act/law/2016/24/eng@2016-06-27
- https://web.archive.org/web/20240612190849/https://rura.rw/fileadmin/Documents/ICT/Laws/Regulation_Governing_Licensing_in_Electronic_Communication_in_Rwanda.pdf
- https://datahub.itu.int/data/?i=100047&s=8421
- Show more...
RWANDA
Since May 2010
Since June 2016
Since June 2016
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 18/2010 of 12/05/2010 relating to Electronic Messages, Electronic Signatures and Electronic Transactions
Law No. 24/2016 of 18/06/2016 Governing Information Communication and Technologies
Law No. 24/2016 of 18/06/2016 Governing Information Communication and Technologies
Law No. 18/2010 establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 8 of the law, intermediaries and telecommunications network service providers are absolved of liability for the contents of documents or electronic messages transmitted through their networks by an individual. This liability applies to the creation, publication, and dissemination of electronic messages on the network and the use of such electronic messages in contravention of the law.
Furthermore, under Art. 10 of the same law, telecommunications operators and intermediaries are not liable for providing access to information, transmission or its retention as long as they do not initiate the transmission of the information or select the addressee and cannot modify the electronic communication. Under Art. 11, an intermediary or a certification authority shall not be liable for the automatic, intermediate, and temporary storage of that electronic record, in case the intention of such storage of electronic record is its onward transmission to other recipients who requested for it.
Additionally, under Art. 12, an intermediary that provides a service comprising the storage of electronic messages shall not be liable for damages arising from information stored if it is not aware that the information or the activity relating to the information infringes any person. Under Art. 13, an intermediary shall not be liable for damages incurred when it links its services with other different websites containing electronic messages or activities that do not fulfil legal requirements. Arts. 188-192 of the Law Governing Information Communication and Technologies outlines the limits to liability to electronic service and network providers, limits of caching, hosting, and relating to information local tools.
Furthermore, under Art. 10 of the same law, telecommunications operators and intermediaries are not liable for providing access to information, transmission or its retention as long as they do not initiate the transmission of the information or select the addressee and cannot modify the electronic communication. Under Art. 11, an intermediary or a certification authority shall not be liable for the automatic, intermediate, and temporary storage of that electronic record, in case the intention of such storage of electronic record is its onward transmission to other recipients who requested for it.
Additionally, under Art. 12, an intermediary that provides a service comprising the storage of electronic messages shall not be liable for damages arising from information stored if it is not aware that the information or the activity relating to the information infringes any person. Under Art. 13, an intermediary shall not be liable for damages incurred when it links its services with other different websites containing electronic messages or activities that do not fulfil legal requirements. Arts. 188-192 of the Law Governing Information Communication and Technologies outlines the limits to liability to electronic service and network providers, limits of caching, hosting, and relating to information local tools.
Coverage Internet intermediaries
RWANDA
Since February 2021
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Regulation No. 013/R/EC-ICT/RURA/2021 of 25/02/2021 Governing Licensing in Electronic Communication
Art. 29 of Annex 2 of Regulation No. 013/R/EC-ICT/RURA/2021 sets out the operational requirements that licensees must follow. This includes, but is not limited to, the purchase of equipment, construction, installation, and facility delivery. The Licensee must give priority to: (i) materials and products made in Rwanda; and (ii) service providers based in Rwanda, owned by Rwandan citizens or companies incorporated under Rwandan law with majority Rwandan ownership—provided this does not compromise safety, efficiency, or cost-effectiveness.
The Licensee is also required to prioritise the employment of Rwandan citizens across all operational phases, while maintaining safety, efficiency, and economy. In addition, it must provide training to Rwandan staff to support their advancement into managerial and technical roles. An annual report must be submitted to the Regulatory Authority detailing the strategies used to meet these obligations.
The Licensee is also required to prioritise the employment of Rwandan citizens across all operational phases, while maintaining safety, efficiency, and economy. In addition, it must provide training to Rwandan staff to support their advancement into managerial and technical roles. An annual report must be submitted to the Regulatory Authority detailing the strategies used to meet these obligations.
Coverage Telecommunications sector
RWANDA
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Rwanda has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=9291&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
