The Beninese data protection authority ('APDP') released, on 3 January 2022, a communiqué regarding preliminary data processing requirements and a deadline to comply with the Digital Code. In particular, the APDP noted that, pursuant to the Digital Code, personal data cannot be processed without the completion of the preliminary formalities provided for by the law and existing regulations, with the view of protecting the privacy, individual freedoms, and rights of data subjects.

More specifically, the APDP highlighted that all natural persons and data controllers operating for public and private institutions must complete preliminary formalities and display respective notices, as required by the law, before:

• processing personal data, including image, sound, and location data, through video surveillance systems;
• releasing a website or application online; or
• processing personal data through a website or an application, which is connected to the internet.

Lastly, the APDP stated that it is calling all natural or legal persons and data controllers operating a video surveillance system, processing personal data via a website or an application, or collecting data directly or indirectly through said tools, to comply with the law no later than 31 March 2022 by filing a preliminary request or a request for complete regularisation with the APDP, following which compliance controls of the processing of personal data will be implemented.

You can read the communiqué, only available in French, here.