ChadCode Pénal, unauthorised access to and interference with a computer system
Loi n°001/PR/2017 du 8 mai 2017 portant Code Pénal Livre 6, Chapitre 2 (De la cybercriminalité), Section 1, Sous-sections 1-2 (art. 429-431), codifying Loi n°009/PR/2015 du 10 février 2015 relative à la cybersécurité et à la lutte contre la cybercriminalité
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 . Publisher's page: https://www.droit-afrique.com/uploads/Tchad-Code-penal-2017.pdfIn force.
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not access, or attempt to access, a computer system by fraudulent means, and do not fraudulently remain in, hinder, falsify, or introduce data into one.
- Reading a public, unauthenticated page without defeating any access control has not itself been held to violate these provisions.
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. 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
Imprisonment of one to five years and a fine of 1,000,000 to 10,000,000 CFA francs, or one of those two penalties only, on conviction under each of art. 429, 430, or 431.
Penalty structure
Fine only; each article also allows imprisonment of one to five years instead of or in addition to the fine.
- Rule
- Fixed only
- As of
- Currency
- XAF
- Fixed cap
- 10,000,000
What it makes you log
Logging duty
Articles 429 to 431 punish fraudulent access to, remaining in, hindering the operation of, and introducing data into a computer system (English as in the quoted span and the pinpoint above). They impose no duty to create, keep, produce or review a log or record, and the Code's cybercrime chapter around them holds no retention clause either. The Code's general territorial articles (articles 7 to 11) are not invoked by the three articles, so no hook is recorded.
- Kind
- None
- As of
What this law does
Article 429 punishes any person who accesses or attempts to access, fraudulently, all or part of a computer system, and the same person who fraudulently procures or attempts to procure, for themselves or another, any advantage by entering a computer system. Article 430 punishes fraudulently remaining or attempting to remain in all or part of a computer system, and hindering, falsifying, or attempting to hinder or falsify the operation of a computer system.
Article 431 punishes fraudulently introducing or attempting to introduce data into a computer system. Each offence carries imprisonment of one to five years and a fine of 1,000,000 to 10,000,000 CFA francs, or one of those two penalties only. Because each offence's trigger is fraudulent access, entry, or introduction, a scraper reading a public, unauthenticated page without defeating any access control falls outside a plain reading of these provisions.
This chapter codifies the offences originally created by Loi n°009/PR/2015 on cybersecurity and cybercrime. Article 521 of the Code provides that it is in force on the first day of the third month after its promulgation, and no source stating the resulting day has been located.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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