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Law / Senegal

Loi n° 2014-02 du 6 janvier 2014 portant réglementation des bureaux d'information sur le crédit dans les Etats membres de l'UMOA, bureaux d'information sur le crédit

Loi n° 2014-02 du 6 janvier 2014 portant réglementation des bureaux d'information sur le crédit (loi uniforme UMOA) arts. 4, 35, 41-44, 53, 62 and 71

In force since .

A data brokers rule binding public and private bodies.

Enforcement body
Banque Centrale des Etats de l'Afrique de l'Ouest (BCEAO)
Instrument type
an act of a legislature
Obligation class
Licensing, Consent, Disclosure, Data subject rights, Retention, Security
Audit expectation
none

What it requires

  • Do not carry on the activity of a credit information bureau, or present yourself as one, unless you have been approved and entered on the list of bureaux.
  • If you are a data provider, get the customer's prior consent before sharing credit information about them with the bureau, and keep that consent.
  • If you are a data provider or a user of credit reports, before asking for the customer's consent tell them what the information is collected for, which data it covers, who receives it, how long the bureau keeps it, and their right to refuse, to see it and to have it corrected.
  • If you are a credit information bureau, circulate only information no more than five years old and archive it for a further five years.
  • If you are a credit information bureau, give a customer access to their own credit report on proof of identity, and let them contest and correct data about them.
  • If you are a credit information bureau, keep a register of every request received from users that shows the purpose of the request, and secure the database against access, change or disclosure by unauthorized people, your own staff included.
  • If you are a credit information bureau, do not keep your databases or backup sites outside the UMOA.
  • Do not collect, keep, process or show sensitive data, or savings and deposit account data, in a credit report.
  • If you are a user of credit reports and you refuse credit on the basis of a report, tell the customer and give them a copy of the report, and do not use the reports for marketing.

These lines are LexLint's reading of the law's text.

If you get it wrong

Criminal exposureYes

Criminal exposure note

A BIC staff member or a user who intentionally gives a customer's details from the bureau's files to an unauthorized person is liable to a fine of 200,000 to 2,000,000 CFA francs and imprisonment of three months to one year, or either penalty alone (art. 71).

What record it asks for

Logging duty

A credit information bureau keeps a register of every request received from users, in a format that shows the purpose for which the information was requested; the law names no log fields.

Kind
Explicit
As of
Provision
Loi 2014-02, art. 41(9)
Trigger
personal_data_processing

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

The uniform law on credit information bureaus (bureaux d'information sur le crédit, BIC) in the states of the West African Monetary Union (UMOA) bars anyone from carrying on the activity of a BIC without prior approval and entry on the list of BIC. Every collection, use and sharing of personal information, credit information included, depends on the prior consent of the customer concerned.

A data provider must obtain the customer's prior consent before sharing credit information about the customer with the bureau. A BIC must give customers access to their own credit reports on proof of identity. A BIC must keep a register of every request received from users, showing the purpose for which the information was requested. The law bars providers, users and the BIC from collecting or showing sensitive data in a credit report.

A BIC may not keep its databases and backup sites outside the UMOA. A BIC staff member or user who knowingly gives a customer's details from the bureau's files to an unauthorized person faces a fine of 200,000 to 2,000,000 CFA francs and three months to one year in prison, or either penalty alone. Senegal's text of that uniform law, Loi n° 2014-02 du 6 janvier 2014, is listed in the summary of Journal officiel n° 6767 of .

When LexLint raises it

When your app profile says your app provides financial services or processes personal data.

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Page updated .