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Democratic Republic of Congo (DRC) has adopted a Digital Code

EFA understands that the new DRC ‘Digital Code’ is a far-reaching piece of legislation – all 175 pages of it – covering a broad spectrum of topics, from ecommerce and electronic contracts to data protection and cybersecurity. The Code establishes new regulators and contains provisions on data collection, processing, transfer and storage; e-signatures; advertising and marketing; consumer protection; electronic evidence; data interception; subcontractors; and benefits for digital start-ups. Save for a few exceptions, the new ordinance-law governs all digital activities and services carried out from or to the DRC by any natural or legal person, irrespective of legal status, nationality or place of registered office/principal establishment. Businesses should take the new law seriously as hefty sanctions apply for violations, including life imprisonment and a fine of up to CDF20bn for particularly bad breaches of the law.

Alastair Tempest

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