Is a listed company, in Gabon

Loi n°025/2023, articles 200 à 214 (recours, contrôle et sanctions) · Read the law's page

• Expect the APDPVP's members and sworn, authorized agents to access your professional premises used for processing, accompanied by judicial police officers with the public prosecutor informed in advance, and expect a court order to be needed only if you oppose the visit.
• Produce any document the APDPVP's members or agents request for their mission, and let them access your programs and data for control purposes.
• Expect a warning, then a formal notice to end a breach within a set period, then a financial penalty, for failing to meet a duty under the law; a first breach is capped at 98,400,000 FCFA and, on repetition, at 300,000,000 FCFA or 5% of a company's last closed-year turnover up to 196,000,000 FCFA, alongside a provisional processing suspension that becomes definitive after three months.
• Where you already hold a declaration receipt or an authorization and breach the law, expect its suspension for up to two months and then its definitive withdrawal, alongside a fine of 1,000,000 to 100,000,000 FCFA; operating without ever having filed makes you a de facto controller facing the same fine.
• Expect the APDPVP to order, without a prior notice-and-cure period, the interruption of a processing operation, the locking of data, a temporary ban of up to three months, or a definitive ban, wherever it finds the processing violates rights and freedoms.
• Appeal a sanction or decision of the APDPVP to the Conseil d'Etat.
• Expect a data subject to be able to sue you or your processor in the competent courts after first bringing the matter to the APDPVP, including through a nongovernmental organization or association working in data protection that the person mandates; the APDPVP itself cannot award compensation.
• Expect criminal offences arising from a breach of the law to be punished under the Penal Code, and expect six months' to a year's imprisonment and a fine of 1,000,000 to 10,000,000 FCFA, doubled on repetition, for obstructing the APDPVP's own action.