Database

Browse Database

SAO TOME AND PRINCIPE

Since May 2016

Pillar Cross-border data policies  |  Sub-pillar 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.
Coverage Horizontal

SAO TOME AND PRINCIPE

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
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 May 2016

Pillar Domestic data policies  |  Sub-pillar 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  |  Sub-pillar 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  |  Sub-pillar 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  |  Sub-pillar 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 August 2007

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
São Tomé e Príncipe does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation of accounting separation since 2007, according to Arts. 6.1 and 25 of Law No. 24/2007.
Coverage Telecommunications sector

SAO TOME AND PRINCIPE

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
São Tomé e Príncipe has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. This is because São Tomé e Príncipe is not a member of the WTO, although it is an observer.
Coverage Telecommunications sector

SAO TOME AND PRINCIPE

Since April 1993

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar 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  |  Sub-pillar 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

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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)
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

SAO TOME AND PRINCIPE

Since July 2008

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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)  |  Sub-pillar 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)  |  Sub-pillar Adoption of the World Intellectual Property Organization (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)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonogram Treaty
São Tomé e Príncipe has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

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