Law / Haiti

Haiti

3 of 7 named instruments researched to a stage, across three of the ten areas of law we track: 3 in force. As of .

  1. AI law
  2. Privacy law
  3. Scraping law 1
  4. Cybersecurity law 1
  5. Communications law not researched
  6. Content moderation law not researched
  7. Product and AI liability law not researched
  8. Digital accessibility law not researched
  9. Age gating law
  10. Reuse law 1

in forcenot yet in forceblocked by a courtproposedno longer in force

Scraping law1 instrument, 1 in force

Research summary (302 words)

Haiti has no scraping-specific statute, so general law governs each dimension separately, and much of it could not be confirmed against a primary source. No provision was located, in the copyright decree or elsewhere, addressing open-web crawling of public pages as such.

A Code Pénal is reported by press accounts as criminalizing fraudulent access to, or interference with, an automated data-processing system (arts. 587 to 593), and as adopted by decree in 2020 and separately reported as brought into force on , but no official gazette text was located, a further press account describes implementation preparations still targeting a entry into force, and Haiti's older Penal Code, still the version WIPO Lex records as current, carries no computer-specific offence at all, so this Code's current status and content are not established here and no computer-misuse instrument is recorded.

No Haitian case law on the enforceability of a browsewrap or clickwrap terms-of-service against a scraper was located.

The Décret du 12 octobre 2005 sur le Droit d'Auteur predates the concept of a text-and-data-mining exception and carries none, and its own exceptions to copyright are narrow (reproduction for a judicial or administrative proceeding, and, for neighbouring rights only, reproduction for scientific research, teaching, or short-fragment citation of a performance, phonogram, or broadcast); the Decree confers no sui generis database right, but does protect a compilation, such as an anthology, encyclopedia, or database, as a copyright work where the choice, coordination, or arrangement of its contents is an original intellectual creation.

Haiti has no comprehensive data-protection statute, so no privacy-law carve-out or reach over scraped public personal data was found either way. No Haitian statute or reported case establishes a scraping-specific unfair-competition, misappropriation, or trespass doctrine, and none assigns legal weight to a robots.txt directive or imposes an AI-training-specific rule.

Database right

Décret du 12 octobre 2005 sur le Droit d'Auteur, protection des recueils et bases de données

Décret du 12 octobre 2005, Droit d'Auteur, recueilsFrench text of the Decree

In force since . Binds public and private bodies.

What this law does

The Decree recognizes a compilation of works, folklore expressions, or mere facts or data, such as an encyclopedia, anthology, or database, whether reproduced on a machine-exploitable medium or in any other form, as a protected work where the choice, coordination, or arrangement of its contents constitutes an intellectual creation.

This is an ordinary copyright-style originality test applied to compilations rather than a sui generis database right protecting investment in extraction or verification; the Decree confers no separate database right. Bare facts or data collected into a scraped dataset are not protected on their own, and an unoriginal, purely mechanical arrangement of scraped data would fall outside this provision as well.

The same Decree excludes the news of the day and mere facts, ideas, or data from copyright protection outright, and carries no text-and-data-mining exception; its only reproduction exceptions are for a judicial or administrative proceeding, and, limited to neighbouring rights, for scientific research, teaching, or short-fragment citation of a performance, phonogram, or broadcast.

What it requires

Cybersecurity law1 instrument, 1 in force

Research summary (349 words)

Haiti's clearest private-sector security duty is Banque de la République d'Haïti (BRH) Circulaire 126, Sur les règles en matière de sécurité informatique, which sets the information-security rules binding every institution BRH supervises. Haiti's telecommunications regulator, the Conseil National des Télécommunications (CONATEL), publishes its regulatory texts at conatel.gouv.ht, including a base télécommunications décret signed under Jean-Claude Duvalier's government.

That décret requires telecommunications personnel and anyone who becomes aware of the existence or content of telecommunications correspondence to keep it secret (arts. 8-9), and gives the armed forces and the Secrétairerie d'État de l'Intérieur et de la Défense Nationale priority access to the national telecommunications network during war, civil unrest, or other emergencies (arts. 130-135), but it sets no network- or information-security requirement on a telecommunications operator or internet service provider as such.

CONATEL's own regulatory-texts listing carries a single dated regulatory decision, OE-CNT-DEC-20220001, and that decision sanctions radio-frequency interference with electronic communications rather than addressing information security. CONATEL's homepage carries a navigation stub for a Cyber sécurité project, commented out of the rendered page and linking to no published content, so no CONATEL cybersecurity regulation for licensed operators could be confirmed as published.

A CONATEL décret published , amending the law on the electronic signature, extends CONATEL's authority to supervise electronic-certification infrastructure and, on CONATEL's own description, covers the responsibility of certification authorities, but the décret's own text could not be located, so whether it sets a specific security-posture duty on a certification authority, beyond legal recognition of electronic signatures and certificates, is not established here.

No general, sector-neutral reasonable-security or information-security-programme statute reaching every information-system operator was located.

Haiti's Code Pénal computer-misuse provisions, reported at arts. 587 to 593 and already recorded under the scraping topic as an offense committed against a system rather than an operator-facing security duty, carry an unresolved current-status question among conflicting press accounts and no separate operator-facing security requirement was found inside them.

Haiti has no comprehensive data-protection statute and no confirmed breach-notification duty on this jurisdiction's own privacy-topic record, so no privacy-topic security-of-processing article stands beside these findings.

Sector security regimes

BRH Circulaire 126, Information Security Rules for Financial Institutions

Banque de la République d'Haïti, Circulaire 126, Sur les règles en matière de sécurité informatique, 13 janvier 2022, arts. 1-5Official PDF of Banque de la République d'Haïti Circulaire 126

In force since . Binds private bodies.

What this law does

Circulaire 126 sets the information-security rules that bind every institution financière the Banque de la République d'Haïti (BRH) supervises, pursuant to Articles 83 and 161 of the law on banks and other financial institutions. Every financial institution must have a written information-security policy, updated annually and approved by its board of directors.

Every bank must have an information-security committee that validates and approves the security measures adopted to implement that policy, a function the board of directors performs for other categories of financial institution. Every financial institution must designate an information-security officer independent of the IT department, reporting either to the risk-management function or directly to general management.

Every financial institution must ensure that its security committee is systematically informed of incidents capable of compromising information security, and of the measures taken to address them. Every financial institution must develop, test and maintain a contingency plan based on a risk analysis, to ensure the continuity of its activities in all circumstances.

Every financial institution must have its information system's security audited at least once every three years, with a copy of the audit report attached to its annual internal-control report. A financial institution that fails to have its system audited on that three-year cycle is liable to a penalty of two hundred thousand gourdes, and BRH may itself order and charge for an audit after notice.

A financial institution that fails to remedy a violation BRH identifies is liable to a further penalty of one hundred thousand gourdes per day of continuing infraction, plus an additional late-payment penalty of two thousand five hundred gourdes per day. The circular's provisions took effect .

What it requires

Reuse law1 instrument, 1 in force

Research summary (188 words)

Haiti has no press-publisher neighbouring right, no mandatory platform-to-publisher bargaining code, no recognized hot-news misappropriation doctrine distinct from ordinary copyright law, and no located statute or case law addressing hyperlinking or framing liability specifically.

The relevant instrument is the Décret du 12 octobre 2005 sur le Droit d'Auteur, which excludes the news of the day (les nouvelles du jour) and mere facts, ideas, or data from copyright protection outright, so a bare fact or news item is never protectable regardless of who first reported it.

The same Decree recognizes a compilation, such as an anthology, encyclopedia, or database, as a protected work where the choice, coordination, or arrangement of its contents is an original intellectual creation.

No general quotation or press-review exception for reproducing headlines or article text was located; the Decree's only citation exception, for short fragments of a performance, phonogram, or broadcast used in reporting a current event, sits in its chapter on neighbouring (performers', producers', and broadcasters') rights and does not reach a written news article.

The Decree predates the concept of a machine-readable text-and-data-mining reservation, so no opt-out mechanism of that kind exists either.

Snippet reproduction

Décret du 12 octobre 2005 sur le Droit d'Auteur, exclusion de l'actualité et des simples faits

Décret du 12 octobre 2005, Droit d'Auteur, actualitéFrench text of the Decree

In force since . Binds public and private bodies.

What this law does

The Decree excludes from copyright protection official legislative, administrative, or judicial texts and their official translations, the news of the day, and ideas, procedures, systems, operating methods, concepts, principles, discoveries, or mere facts or data, even where these are stated, described, explained, illustrated, or incorporated in a work.

The same provision recognizes a compilation of works, folklore expressions, or mere facts or data, such as an encyclopedia, anthology, or database, whether reproduced on a machine-exploitable medium or in any other form, as a protected work where the choice, coordination, or arrangement of its contents constitutes an intellectual creation.

The Decree carries no general quotation or press-review exception for reproducing a headline or article text from a protected literary work; its only citation exception, limited to short fragments of a performance, phonogram, or broadcast used to report a current event, sits in the chapter on neighbouring rights and does not reach a written news article. The Decree replaced and repealed the earlier Décret du 9 janvier 1968 on copyright.

What it requires

Where nothing was found3 areas of law

These areas of law were researched here and no instrument was recorded. Each finding says what the research checked, as of the date under it. It describes our search, not a guarantee that no such law exists.

AI law

Haiti has no AI-specific law. No located statute or regulation imposes an AI-transparency, output-labeling, high-risk-system, training-data, prohibited-practice, governance, or sector-specific duty on an AI system as of the date below; a general electronic-signature and electronic-trust-services law has been reported for Haiti, but it does not attach any duty to an AI system as such and is outside this topic's scope.

As of .

Privacy law

Haiti has no comprehensive data-protection statute and no dedicated data-protection supervisory authority.

A commercial legal tracker reports an Arrêté published in Le Moniteur No. 87 on establishing basic personal-data rules, but the only Haitian government-hosted document located under that description is a French translation of Estonia's Personal Data Protection Act, circulated by the Office of Management and Human Resources (OMRH) as a reference model for a future Haitian law rather than Haiti's own enacted text, so the reported 2018 Arrêté is not confirmed here.

A Code Pénal criminalizing unauthorized personal-data processing, collection, and disclosure (arts. 437 to 442) is reported by press accounts as adopted by decree in 2020 and separately reported as brought into force on by the Conseil Présidentiel de Transition, while a further press account describes implementation preparations still targeting a entry into force, so this Code's current status is not established here and no instrument is recorded for it.

As of .

Age gating law

Haiti has no adult-content age-verification law, social-media minor-access restriction, app-store age-verification requirement, or age-appropriate design code.

A press account describes a Code Pénal, reported as adopted by decree in 2020 and separately reported as brought into force on , that criminalizes producing, distributing, or possessing child sexual abuse material through an automated processing system (art. 391); that prohibition runs to the person who produces or distributes such material rather than imposing an age-verification or age-gating duty on a service provider, and no official gazette text was located to confirm this Code's current status.

As of .

Case law

  • No current case law for Haiti AI law
  • No current case law for Haiti privacy law
  • No current case law for Haiti scraping law
  • No current case law for Haiti cybersecurity law
  • No current case law for Haiti communications law
  • No current case law for Haiti content moderation law
  • No current case law for Haiti product and AI liability law
  • No current case law for Haiti digital accessibility law
  • No current case law for Haiti age gating law
  • No current case law for Haiti reuse law
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

This page covers the instruments LexLint has researched to a stage. Instruments named in the law library but not yet researched are counted in the head and are not listed here. Every entry carries its own primary source on its note page. This is a research index, not legal advice.