Law / 
Central African Republic
CEMAC regulation on credit information bureaus
Règlement n° 03/18/CEMAC/UMAC/CM du 21 décembre 2018 relatif aux conditions d'exercice de contrôle et de supervision de l'activité des bureaux d'information sur le crédit dans la CEMAC, articles 1, 3, 6, 58, 60 à 66 et 100 à 102
In force since .
A data brokers rule binding private bodies.
- Obligation class
- Licensing, Consent, Disclosure
What it requires
- Operate as a credit information bureau only as a licensed legal entity, and supply a client's credit information only for the reasons the Regulation lists.
- As a credit institution or other entity supervised by the banking commission or the central bank, send the licensed bureaus, at least monthly, all credit information on your clients; the clients' prior consent is not required for this.
- As a user of bureau information, obtain the client's prior written consent before consulting the information held on the client, for each credit application and for follow-up of the credit relationship, and keep proof of the consent.
- Guarantee persons whose credit information you hold a right of access and rectification, and tell them the categories of data, the purpose of the collection and the bureau's contact details.
- Do not use bureau information for commercial prospecting, marketing or advertising without the client's prior written consent.
- Do not collect, keep, process or disclose sensitive data in a credit report.
These lines are LexLint's reading of the law's text.
What this law does
The Regulation defines a credit information bureau as a licensed legal entity whose usual and exclusive profession is to collect, compile, store and process data from public sources or received from credit information providers, and to make credit reports available to users. The Regulation applies to credit information bureaus, providers and users carrying on their activities in the member states of the CEMAC.
A bureau may supply a client's credit information only for the reasons the Regulation lists. Credit institutions and the other entities supervised by the banking commission and the central bank must send the licensed bureaus, at least monthly, all credit information on their clients, without the clients' prior consent.
A user of bureau information must obtain the client's prior written consent to consult the information held on the client, for each credit application and for follow-up of the credit relationship. A client whose credit information is recorded with a bureau has a right to be informed of the categories of data, the purpose of the collection, and the bureau's contact details.
A credit information provider must guarantee the persons concerned a right of access to their data and a right to have it rectified. A user may not use bureau information for commercial prospecting, marketing or advertising without the client's prior written consent. Bureaus, providers and users may not collect, keep, process or disclose sensitive data in a credit report.
A person who breaches the Regulation's provisions in the cases it lists is punishable by imprisonment of one to ten years and a fine of 10,000,000 to 50,000,000 CFA francs. The Regulation states that it enters into force on .
When LexLint raises it
When your app profile says your app provides financial services, processes personal data or sends automated outreach.
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