Democratic Republic of the Congo’s digital code

The Ordonnance-Loi No. 23/010 of 13 March 2023 establishing the Digital Code is a digital law enacted in the Democratic Republic of the Congo (DRC). It establishes a legal framework for digital activities, services, infrastructure, cybersecurity, electronic transactions, and data protection in the country. Below is a detailed summary of the law:

Scope and objectives

The law applies to:

• Digital activities and services,
• Electronic tools, digital content, and trusted service providers,
• Security and penal protection of IT systems,
• Fiscal, parafiscal, customs, and currency regimes applicable to digital operations.

Institutional framework

The law creates or confirms the roles of several institutions:

• Ministry of digital affairs, responsible for policy and regulation.
• Autorité de régulation du numérique (ARN): Oversees digital market regulation and competition.
• Autorité nationale de certification électronique (ANCE): Handles trust services and digital certifications.
• Agence nationale de cybersécurité (ANC): Manages national cybersecurity matters.
• Conseil national du numérique (CNN): Advisory body involving stakeholders from government, private sector, academia, and civil society.

Legal regimes for digital services

Activities fall under three categories:

• Authorization: Required for critical services (data centers, trust service providers, dominant platforms, etc.).
• Declaration: Required for less critical services like cache servers and local developers.
• Homologation (Accreditation): Mandatory for digital services provided to the government, ensuring conformity with public sector standards.

Rights and obligations

The law enshrines:

• Equality, transparency, non-discrimination, and free competition as guiding principles.
• Obligations for digital service providers to ensure service quality, fair pricing, data protection, and user rights.
• Administrative and legal remedies for consumers, including contract transparency and access to emergency services.

Electronic governance and archives

• Establishes electronic communication as valid for administrative procedures.
• Introduces a ‘Guichet Numérique‘ (Digital One-Stop Platform) to streamline e-government services.
• Mandates electronic archiving of public documents with defined rules for authenticity, integrity, and access.

E-commerce and electronic contracts

• Recognizes e-commerce as a legal mode of trade and sets out rules for digital transactions, including duties of transparency, accurate pricing, and consumer protection.
• Provides standards for electronic contracts, including information requirements, delivery terms, and dispute resolution.

Intellectual property

• Recognizes digital software, apps, and platforms as intellectual works protected under Congolese copyright and industrial property law.

Cybersecurity and data protection

• Defines key concepts including personal data, biometric data, strategic data, and critical infrastructure.
• Establishes a strong framework for cybercrime prevention, secure digital identity, and data sovereignty.