Republic of the CongoLaw on Combating Cybercrime, Unauthorised Access, Interference and Fraudulent Copying of Data
Loi n° 27-2020 du 5 juin 2020 portant lutte contre la cybercriminalité, arts. 4, 5, 6, 63
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2023. Publisher's page: https://www.droit-afrique.com/uploads/Congo-Loi-2020-27-lutte-contre-cybercriminalite.pdfIn force.
A computer misuse rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- User location
- Audit expectation
- none
What it requires
- Do not access or attempt to access, without authorization, all or part of an information system.NIST AI RMFMAP 4.1
- Do not remain or attempt to remain connected, without authorization, to an information system.NIST AI RMFMAP 4.1
- Do not hinder or attempt to hinder the functioning of an information system.no control in the NIST AI RMF
- Do not copy or attempt to copy computer data to the prejudice of a third party without authorization.NIST AI RMFMAP 4.1
- Reading a public, unauthenticated page without accessing, remaining connected to, hindering, or copying data from a system without authorization has not itself been held to violate these articles.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Article 4 (unauthorised access): imprisonment of six months to three years and a fine of one million to ten million CFA francs, or either penalty. Article 5 (unauthorised continued connection): the same range. Article 6 (hindering a system's functioning): imprisonment of one to five years and a fine of five million to ten million CFA francs, or either penalty. Article 54 (installing a backdoor): imprisonment of two to five years and a fine of two million to thirty million CFA francs, or either penalty. Article 63 (fraudulent copying of data): imprisonment of six months to five years and a fine of four hundred thousand to five million CFA francs, or either penalty.
Penalty structure
Graduated by offence: fraudulent access or attempted access (Art. 4) and unauthorised continued connection (Art. 5) each draw imprisonment of six months to three years and a fine of one million to ten million CFA francs; hindering a system's functioning (Art. 6) draws imprisonment of one to five years and a fine of five million to ten million CFA francs; fraudulent copying of data (Art. 63) draws imprisonment of six months to five years and a fine of four hundred thousand to five million CFA francs; installing a backdoor without authorization (Art. 54, a related but distinct offence) draws the highest tier reached by these provisions, imprisonment of two to five years and a fine of two million to thirty million CFA francs.
- Rule
- Fixed only
- As of
- Minimum
- 400,000
- Currency
- XAF
- Fixed cap
- 10,000,000
What it makes you log
Logging duty
Articles 4, 5, 6 and 63 define offences: fraudulent access to an information system, fraudulently remaining in one, hindering its functioning, and copying computer data to a third party's prejudice. They impose no duty to create, keep, produce or review a log or record, and name no audit, no auditor and no one who may demand a record. Article 2 reaches anyone, of any nationality, who commits an offence through information and communication technologies in the Republic of the Congo.
- Kind
- None
- As of
What this law does
Article 1 states the Law's object as defining and punishing offences linked to information and communication technology, completing the Penal Code. Article 2 applies the Law to any person, of any nationality, who commits an offence through information and communication technology in the Republic of the Congo.
Article 4 punishes, by six months to three years' imprisonment and a fine of one million to ten million CFA francs, or either penalty, fraudulently accessing or attempting to access all or part of an information system, and separately punishes fraudulently procuring or attempting to procure an advantage by entering a system. Article 5 punishes the same range of penalties for fraudulently remaining or attempting to remain connected to all or part of an information system.
Article 6 punishes, by one to five years' imprisonment and a fine of five million to ten million CFA francs, or either penalty, hindering or attempting to hinder the functioning of an information system. Article 54 separately punishes, by two to five years' imprisonment and a fine of two million to thirty million CFA francs, installing a backdoor to data or an information system without the legitimate user's authorization.
Article 63 punishes, by six months to five years' imprisonment and a fine of four hundred thousand to five million CFA francs, or either penalty, fraudulently copying or attempting to copy computer data to a third party's prejudice. Article 109 provides that the Law is to be published in the Journal Officiel and executed as a law of the State, without stating a separate commencement date, and no source stating the day on which the Law came into force has been located.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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