Regulation of Electronic Services and Transactions in Burkina Faso

The Law N°045-2009/AN on the Regulation of Electronic Services and Transactions in Burkina Faso was adopted by the National Assembly on November 10, 2009, and published in the Official Gazette (Journal Officiel) on January 7, 2010. Its primary purpose is to establish a legal framework for electronic services and transactions in Burkina Faso, ensuring security, legality, and consistency in the use of electronic means for commercial, administrative, and public activities.

Purpose

The law aims to:

1. Regulate electronic services and transactions to promote the growth of the digital economy.
2. Establish rules for the dematerialisation of administrative procedures to streamline governance.
3. Facilitate the provision of public information through electronic platforms, ensuring accessibility and transparency.

Scope of application

The law applies to various sectors, including:

• Information society services: Services enabling the conclusion of contracts, provision of advertisements, access to information, and data storage through communication networks.
• E-government services: Enabling administrative tasks to be completed electronically.
• Public information platforms: Managed by government entities or private bodies performing public service duties.

Excluded areas:

• Gambling and betting.
• Legal and notarial services involving direct public authority functions.
• Antitrust activities are governed by other laws.

General provisions

1. Definition of terms:
   • Electronic certificate: Digital proof of the link between a signature and its signatory.
   • Electronic signature: Data ensuring the integrity and authentication of documents.
   • Information society services: Paid services delivered electronically upon individual requests.
2. Regulation of services:
   • Service providers must comply with national and international laws.
   • Restrictions apply to certain cross-border services to protect public interests.
3. Rights and responsibilities:
   • The law protects the privacy of individuals and ensures data security.
   • Service providers must maintain data integrity and confidentiality.

Translation of the key article (Example)

Article 1 (Purpose and scope)

The present law regulates electronic services and transactions in Burkina Faso.

It applies notably to:

1. Information society services: Services involving the conclusion of contracts for goods or services, provision of advertisements, or access to data through communication networks.
2. Dematerialised administrative procedures: Making administrative services accessible electronically.
3. Public information dissemination: Online publication of state and local government information, as well as data managed by public or private entities responsible for public service delivery.

It does not apply to:

• Gambling involving monetary stakes.
• Legal representation and assistance.
• Notarial services that require public authority involvement.
• Activities covered under antitrust legislation.