Côte d'IvoireElectronic Communications Law: Security of Networks and Services
Loi n°2024-352 du 6 juin 2024 relative aux communications électroniques, articles 97 et 99
In force since .
A sector security regimes rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Security
As of .
What it requires
- This binds an operator, meaning a legal entity that establishes or operates an electronic communications network or provides electronic communications services (reached by declaring that you provide telecom services); networks and infrastructure established for national defense, public security and air and maritime security are outside the section (Article 96).
- Take all the technical and organizational measures needed to secure your networks, the communications carried on them and your services, at a level suited to the existing risk in light of the security standards in force, and guarantee the continuity of the services you provide (Article 97).
- Meet the minimum security level that the Autorité de Régulation, ARTCI, defines for operators (Article 97).
- Take the measures needed to secure the devices built into terminal equipment that identify and authenticate users, and tell your customers about the services that can strengthen the security of communications (Article 97).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureNo
Private right of actionNo
Criminal exposure note
The sanctions Article 211 lists for a breach of the Law are administrative decisions of the restricted formation (Article 212); this row's Article carries no offense of its own.
Penalty structure
Article 211 lets the restricted formation of the Autorité de Régulation impose a financial sanction proportionate to the gravity of the breach and the advantage drawn from it, capped at 3% of the operator's last closed-year turnover excluding tax and at 5% for a new violation of the same obligation; it also lists a reminder, an injunction with a daily penalty, restriction or suspension of the authorization, withdrawal of the authorization and a ban of one to five years on acting in the sector. The cap for universal-service obligations is 4%, or 8% on a repeat.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 3
Who enforces it
Enforcement body
Autorité de Régulation des Télécommunications/TIC de Côte d'Ivoire (ARTCI), the Autorité de Régulation of Article 137.
Settledness
- As of
- Open questions
- Has the Autorité de Régulation defined the minimum security level that Article 97 leaves to it, and by what instrument?
What this law does
Article 97 requires every operator to take all the measures needed to secure its networks and the communications carried on them and to guarantee the continuity of the services it provides. Article 97 requires those measures to be technical and organizational and suited to the existing risk in light of the security standards in force. Article 97 has the Autorité de Régulation define the minimum security level that operators must implement.
Article 99 lets the Autorité de Régulation commission an audit after a security incident that had a significant impact on an operator's networks and services. Article 137 names the Autorité de Régulation des Télécommunications/TIC de Côte d'Ivoire (ARTCI) as the Autorité de Régulation of electronic communications.
Article 211 caps the financial sanction for a breach at 3% of the operator's turnover excluding tax for the last closed financial year, and at 5% for a new violation of the same obligation.
When LexLint raises it
When your app profile says your app provides telecom services.