Democratic Republic of Congo: Ministry of Digital announces ratification of AU Convention and the Digital Code
On April 4, 2023, the Democratic Republic of Congo's (DRC) Ministry of Digital announced via Twitter the ratification of Ordinance Law No. 23/008 of March 10, 2023, authorizing the ratification by the DRC of the African Union (AU) Convention on Cybersecurity and the protection of personal data, and Ordinance Law No. 23/010 of March 13 on the Digital Code in the DRC (the Digital Code). In particular, the Digital Code includes five chapters covering digital activities and services, writings and electronic tools, digital content, security and criminal protection of computer systems, and miscellaneous provisions. The Digital Code establishes regulations for various aspects, such as dematerialized administration, electronic archiving, intellectual property rights, and electronic commerce, setting out the conditions for electronic advertising and providing a framework for prospecting, and digital platforms.
Moreover, the second chapter of the Digital Code:
- defines the digital activities and services concerned by this legislation;
- establishes the institutional framework of the sector of digital activities and services by listing the various authorities intervening in this sector and their attributions;
- establishes the three regimes applicable to digital activities and services, namely, authorization (Article 15), declaration (Article 17), and approval (Article 19) by establishing an obligation of the actors concerned to submit to one of these regimes prior to the exercise of digital activities and services (Articles 13 to 20); and
- sets out the rights and obligations of providers of digital activities and services (Articles 21 to 37).