A basic legal framework on intermediary liability for copyright infringement is absent in Djibouti's law and jurisprudence.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Djibouti's law and jurisprudence.

It is reported that passport registration is required when buying a SIM card in Djibouti, a copy is taken in the shop.

It was reported in 2024 that the government blocks access to social media platforms such as Facebook and Messenger. This restriction has been in place for the past three years, with access limited to individuals who use virtual private networks (VPNs) on their mobile devices.

The indicator "7.2.4 - 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 3 in Djibouti for the year 2024. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."

It is reported that Djibouti has import restrictions in place on transceiver devices, which require authorisation from the Ministry of Communication, which is in charge of Posts and Telecommunications. A transceiver is a combination transmitter/receiver in a single package. While the term typically applies to wireless communications devices, it can also be used for transmitter/receiver devices in cable or optical fibre systems. For fibre optic transceivers, the most widely used HS Code is 851762, falling under “Machines for the reception, conversion and transmission or regeneration of voice, image or other data, including switching and routing apparatus”, a code included in the original Information Technology Agreement.

It is reported that Djibouti has not joined any agreement with binding commitments to open transfers of data across borders.

Art. L.1211-6 of the Commercial Code provides that any legal entity whose head office is located abroad and which undertakes a commercial activity in the Republic of Djibouti must, within one month from the start of this activity, require the registration of a branch in the Republic of Djibouti. This request is to be filed with the registry responsible for maintaining the Register of Commerce and Companies. The Code defines commercial activity as including e-commerce.

It is reported that, where the applicant is not resident in Djibouti, the appointment of an agent is required for the filing of a patent application.

Djibouti is a party in the Patent Cooperation Treaty (PCT).

Djibouti has a copyright regime under the Law No. 154/AN/06. However, the exceptions do not follow the fair use or fair dealing model, limiting the lawful use of copyrighted work by others. Art. 54 lists the exceptions, which include (a) the reproduction, translation, adaptation, arrangement or other transformation of such work exclusively for the producer’s own personal or private use; (b) the inclusion of non substantial quotations from another work; (c) the use of the work by way of illustration in publications, broadcasts or sound or visual recordings for teaching to the extent justified by the intended purpose; (d) the public performance of a work; (e) the reproduction by a photographic or similar process by public libraries or noncommercial documentation centres; (f) the reproduction in the press or the communication to the public; (g) for the purpose of reporting on current events by means of photography, cinematography, broadcast or communication by wire to the public; (h) the production of a copy or adaptation of software by the legitimate owner, provided it is necessary for archiving and to replace the legally held copy in the event of it being lost or necessary for using the computer program for which it was created.

Djibouti has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Djibouti has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

There is no comprehensive regime regulating trade secrets in Djibouti. However, there are limited measures addressing some issues related to trade secrets in Law No. 50/AN/09/6th L on the Protection of Industrial Property (Loi No. 50/AN/09/6ème L du 19 Juillet 2009 portant protection de la propriété industrielle). Art. 183 bestows upon natural persons and legal entities the right to prevent information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices so long as such information: (a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; (b) has commercial value because it is secret; and (c) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.

It is reported that there is no regulatory obligation for the sharing of passive infrastructure in Djibouti for the provision of telecommunications services to end-users, and such sharing is not practised in either the mobile or fixed sectors.