Makes credit decisions, in Gabon

Loi N° 027/2023 du 11 juillet 2023, Titre III, Chapitre III, Section 2, arts. 28-35 · Read the law's page

• This binds any operator of an information system with effects in Gabon, a term Law No. 027/2023 defines without a sector or size gate as an organised set of resources that collects, groups, classifies, processes or disseminates information, and separately binds any person whose activity is to offer users access to an information system.
• Take all technical and administrative measures necessary to guarantee the security of the services you offer, including a standardised system to identify, evaluate, treat and continuously manage the risks affecting your information systems' security.
• Deploy technical mechanisms addressing threats to your systems' continuous availability, integrity, authentication, resistance to repudiation by third-party users, data confidentiality and physical security, and have those mechanisms cleared for conformity with the competent administrative authority's cybersecurity policy.
• If your activity is to offer users access to an information system, inform them of the danger of using an unsecured system, the need for a parental-control device, the particular risks of a security breach, and the existence of a technical means to restrict access to certain services, and offer them at least one such means.
• Retain your systems' connection and traffic data for ten years, and submit your networks and information systems to a mandatory, periodic security audit on terms a regulation sets.
• Comply within six months of the law's entry into force; Article 98 does not itself state what sanction follows a late or missing compliance with this duty.

Loi n°001/2011 du 25 septembre 2011 relative à la protection des données à caractère personnel, telle que modifiée et complétée par la loi n°025/2023 du 9 juillet 2023, Journal Officiel n°218 bis du 15 juillet 2023, articles 1 à 6, 70 à 73, 78 à 90, 111 à 141, 164 à 167, 175 à 187 et 215 à 221 · Read the law's page

• Collect and process personal data fairly and lawfully, only for determined, explicit and legitimate purposes, and keep it accurate, adequate and no longer than those purposes need.
• Have a lawful basis for processing, such as the data subject's consent, a legal obligation, a public-service mission, contract performance, or a legitimate interest that does not override the data subject's own rights and freedoms.
• Where you rely on consent, be able to demonstrate it was given and present the request clearly and separately from other terms; never treat acceptance of general terms of use or a pre-checked box as consent, and in an electronic transaction take it through an unambiguous act such as a checkbox.
• Let the data subject withdraw consent at any time without affecting the lawfulness of processing already carried out, and tell them of that right before they consent.
• Declare an automated personal-data processing activity to the APDPVP before carrying it out and wait for the Authority's receipt before starting, unless a simplified or exempt category applies; processing touching a more sensitive category instead needs the APDPVP's prior authorization or a ministerial or Council-of-Ministers decree.
• Keep processing confidential, bind everyone who processes the data under your authority to a signed written undertaking, and impose the same security and confidentiality guarantees on any processor by contract.
• Implement technical and organizational security measures adapted to the risk, including pseudonymization and encryption, and regularly test, assess and evaluate their effectiveness.
• Keep a written or electronic register of your processing activities, and require the same of any processor, naming the controller, purposes, data categories, recipients, transfers and retention periods, and produce it to the APDPVP on request; an organization of fewer than ten employees is exempt unless the processing is not occasional, carries a risk to rights and freedoms, or touches sensitive or criminal-offence data.
• Designate a data protection officer, notify the APDPVP of the designation, and give the officer the office, resources and independence to advise you, monitor compliance, and liaise with the APDPVP, where you are a public authority, carry out large-scale systematic monitoring, or process sensitive or criminal-offence data at scale.
• Carry out a data protection impact assessment, the study the law says must be carried out whenever processing is likely to create a high risk to the rights and freedoms of the people concerned.
• Before deploying an artificial-intelligence system, a facial-recognition or other biometric-identification system, a drone or other connected object, an electronic-signature or digital-identity service, or a national or sectoral identifier system that processes personal data, file the declaration or notice the applicable norme or decree requires with the APDPVP.
• Comply with the law from the date of its publication.

Loi n°025/2023, articles 43 à 65 et 91 à 110 (droits de la personne concernée et obligation de transparence) · Read the law's page

• Respond to a data subject's request to access, rectify, erase, restrict, port, or object to the processing of their personal data.
• Act on a data-subject request within one month of receiving it, extendable by two months for complex or numerous requests provided you tell the person of the extension and its reasons within the first month; where you decline to act, tell the person why within one month and of their right to complain to the APDPVP or go to court.
• Provide the information free of charge, except that you may charge a reasonable fee or refuse where a request is manifestly unfounded or excessive, in which case you carry the burden of showing that.
• At collection, tell the person your identity, the data protection officer's contact details where designated, the purpose and legal basis, any legitimate interest relied on, recipients, any transfer abroad, the retention period or the criteria for it, their rights including withdrawal of consent, their right to complain to the APDPVP, and the existence and logic of any automated decision-making or profiling that concerns them.
• Where you did not collect the data from the person, give them the same categories of information, including the data's origin and whether it came from a publicly accessible source, within one month, or by the time you first contact them or first disclose the data to another recipient, whichever is earliest.
• Before accessing or storing information on a subscriber's or user's terminal equipment, such as through a cookie, tell them the purpose and how to object, and proceed only once they have consented, except where the access is strictly necessary to provide an electronic communication service they expressly requested.

Loi n°025/2023, articles 66 à 69 (automated individual decisions) · Read the law's page

• Do not subject a person to a decision based solely on automated processing, including profiling, without letting them oppose it.
• Where you make such a decision, implement appropriate measures to safeguard the person's rights, freedoms and legitimate interests, including at least their right to obtain human intervention, express their point of view, and contest the decision.

Loi n°025/2023, articles 74 à 77, 148 à 163 et 188 à 199 (catégories sensibles de données et protection des mineurs) · Read the law's page

• Process a minor's personal data only on their own consent once they turn eighteen, or otherwise only with the express authorization of the holder of parental authority, and confirm by some means that the consent you rely on is theirs.
• Do not collect or process data revealing racial or ethnic origin, political, philosophical or religious opinions, trade-union membership, biometric or genetic data, or data on health or sex life, unless a listed exception applies, such as the data subject's own express consent, a non-profit body's processing of its own members, data the person made public, or preventive medicine and care administered by a bound health professional.
• Process data on offences, criminal convictions and safety measures only where you are a public, judicial or public-service body acting within your legal remit, or a legal auxiliary acting for the defense of the person concerned.
• Before processing personal data for a public-interest research, study or evaluation purpose in the health domain, obtain the APDPVP's authorization, given after the health-research consultative committee opines on your methodology and the necessity and relevance of the data.
• Before collecting a child's personal data through a search engine, website, platform, application, or connected or geolocation service, obtain the prior consent of the child's parent or the person holding parental responsibility.
• Do not profile a child, except where the APDPVP has authorized it on a motivated opinion for the child's best interest or on a public-interest ground.
• Treat as void, on a challenge before the competent court, a contract a child enters through an internet-based service where it is prejudicial to the child.
• Where your online service is aimed at children, build in privacy-protective technical measures such as marking and filtering, write information for them in terms they can understand, keep advertising, entertainment and games clearly distinct from content, never incite a child to buy goods or enter an online contract, and never use prizes, rewards or links to a non-compliant site to keep them engaged.