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REPUBLIC OF BENIN
Fraternity - Justice - Work

Law n ° 2017-20 of April 20, 2018 on
digital code in the Republic
from Benin

Data Protection Authority
Personal

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2

REPUBLIC OF BENIN
Fraternity - Justice - Work

Book 5 th dedicated to Data Protection
Personal
P. 339

Data Protection Authority
Personal

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SUMMARY
PRELIMINARY BOOK
DEFINITIONS AND OBJECT ........................ 1
BOOK ONE
NETWORKS AND SERVICES OF
ELECTRONIC COMMUNICATIONS ............... 49
TITLE ONE
GENERAL PROVISIONS .................. 49
FIRST CHAPTER
FIELD OF APPLICATION ...................... 49
CHAPTER II
GENERAL PRINCIPLES ...................... 51
CHAPTER III
OF THE PROTECTION OF USERS,
PEOPLE AND
THE ENVIRONMENT .................................... 62
CHAPTER IV
PERSONAL DATA OF
USERS ............................................. 70

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TITLE II
ELECTRONIC COMMUNICATIONS. 76
FIRST CHAPTER
LEGAL REGIMES ........................... 76
CHAPTER II
ACCESS AND INTERCONNECTION. 90
CHAPTER III
UNIVERSAL ACCESS / SERVICE .................. 114
CHAPTER IV
OF THE REGULATORY AUTHORITY
ELECTRONIC COMMUNICATIONS
AND POSTS ......................................... 128
SECTION III
HUMAN RESOURCES,
MATERIALS AND FINANCIAL
THE REGULATORY AUTHORITY ................. 150
CHAPTER V
OF DOMINANCE AND
COMPETITION ......................................... 154
TITLE III
MANAGEMENT OF RARE RESOURCES 180

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CHAPTER I
GENERAL PROVISIONS ............ 180
CHAPTER II
RADIOELECTRIC FREQUENCIES183
CHAPTER III
NUMBERING AND NAMES
OF DOMAINS ............................................ 199
TITLE IV
EQUIPMENT ...................................... 204
TITLE V
SETTLEMENT OF DISPUTES ............. 208
CHAPTER I
ARCEP SKILLS ........... 208
CHAPTER II
PROCEDURES BEFORE THE AUTHORITY
REGULATION ........................................ 214
CHAPTER III
APPEAL AGAINST DECISIONS OF
THE AUTHORITY

OF

REGULATION .............................................. 221

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TITLE VI
COMPLAINTS FROM USERS OF
COMMUNICATIONS SERVICES
ELECTRONICS .......................................... 222
TITLE VII
MEASURES AND SANCTIONS ................... 227
CHAPTER I
MEASURES AND SANCTIONS
ADMINISTRATIVES ................................... 227
CHAPTER II
CRIMINAL MEASURES AND SANCTIONS
.................................................. ................... 230
BOOK SECOND
ELECTRONIC TOOLS AND WRITINGS ....... 242
TITLE I
OF ELECTRONIC WRITING ........................ 242
TITLE II
ELECTRONIC IDENTIFICATION ...... 250
TITLE III
ELECTRONIC SIGNATURE ............ 257

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TITLE IV
ELECTRONIC SEALS ................. 264
TITLE V
TIME-STATUS, ARCHIVING
ELECTRONICS AND AUTHENTICATION OF
WEBSITES ........................................... 268
CHAPTER I
ELECTRONIC TIME-STAMPING ..... 268
CHAPTER II
OF ELECTRONIC ARCHIVING .......... 269
CHAPTER III
SITE AUTHENTICATION
INTERNET ................................................. .. 271
BOOK THIRD
SERVICE PROVIDERS
TRUST ................................................. ....... 273
TITLE I
OBLIGATIONS OF SERVICE PROVIDERS
TRUST SERVICES ........................... 273
TITLE II
CONTROL OF SERVICE PROVIDERS
TRUST SERVICES ........................... 288

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TITLE III
SANCTIONS AND PUBLICATION ............. 295
BOOK FOURTH
ELECTRONIC COMMERCE ...................... 296
TITLE ONE
GENERAL INFORMATION ON TRADE
ELECTRONICS ............................................ 296
TITLE II
ELECTRONIC ADVERTISING
.................................................. ..................... 302
CHAPTER I
GENERAL PROVISIONS ............ 302
CHAPTER II
CONDITIONS OF THE
DIRECT PROSPECTION .......................... 303
TITLE III
CONCLUSION OF CONTRACTS BY ROUTE
ELECTRONICS ............................................ 309
CHAPTER I
OF THE OBLIGATION OF INFORMATION
PRIOR ................................................ 309

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CHAPTER II
AFTER CONCLUSION OF THE CONTRACT
.................................................. ................... 318
CHAPTER III
LEGAL GUARANTEES ........................... 328
TITLE IV
RESPONSIBILITY OF SUPPLIERS
ONLINE GOODS AND SERVICES ............... 337
BOOK FIFTH
FROM DATA PROTECTION TO
PERSONAL CHARACTER ................................. 339
TITLE I
GENERAL PRINCIPLES ........................ 339
TITLE II
OF DATA PROCESSING
PERSONAL CHARACTER ............................ 344
CHAPTER I
GENERAL PROVISIONS ............ 344
CHAPTER II
PERSONAL DATA SUBMITTED
SPECIAL SCHEMES ...................... 361

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CHAPTER III
FORMALITIES AND CONDITIONS
PRIOR TO TREATMENT OF
PERSONAL DATA 374
CHAPTER IV
OBLIGATIONS BECAUSE OF
TREATMENT MANAGERS ......... 387
CHAPTER V
THE RIGHTS OF INDIVIDUALS TOWARDS
OF THEIR

DATA

PERSONAL ........................................ 418
CHAPTER VI
SANCTIONS AND MEASURES
ADMINISTRATIVES ................................... 437
CHAPTER VII
PENAL PROVISIONS ................. 441
TITLE III
OF THE PROTECTION AUTHORITY
PERSONAL DATA ............... 448
CHAPTER I
OF THE ORGANIZATION AND
OPERATION .................................. 448

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CHAPTER II
MISSIONS AND POWERS OF
THE AUTHORITY ............................................... . 460
BOOK SIXTH
CYBERCRIME AND
CYBERSECURITY ................................................ 471
TITLE I
THE FIGHT AGAINST
CYBERCRIME ..................................... 471
CHAPTER I
GENERAL PRINCIPLES .................... 471
CHAPTER II
RESPONSIBILITY OF STAKEHOLDERS
THE INTERNET ............................................... . 476
CHAPTER III
NETWORK BREAKDOWNS AND
INFORMATION SYSTEMS .................. 488
CHAPTER IV
USE INFRINGEMENTS
PERSONAL DATA
.................................................. ................... 498

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CHAPTER V
INJURY TO PERSONS AND
GOODS ................................................. ......... 500
CHAPTER VI
OTHER OFFENSES .................... 509
CHAPTER VII
INFRINGEMENT OF THE RIGHTS OF
INTELLECTUAL PROPERTY AND
INDUSTRIAL ........................................... 510
CHAPTER VIII
OFFENSES RELATING TO THE
INTERNET ADVERTISING ...................... 526
CHAPTER IX
ABUSIVE CONTENT AND
ONLINE PRESS OFFENSES ..... 527
CHAPTER X
COMMON LAW OFFENSES
COMMITTED ONLINE ............................... 535
CHAPTER XI
CONSTITUTION OF OFFENSES
AND

FACILITIES

INDIVIDUALS ........................................... 546

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CHAPTER XII
INQUIRIES ......................................... 552
CHAPTER XIII
NETWORK SECURITY ............. 566
TITLE II
OF THE INSTITUTIONAL FRAMEWORK ....................... 569
CHAPTER I
OF THE NATIONAL AGENCY OF THE
SAFETY OF

SYSTEMS

INFORMATION ....................................... 569
CHAPTER II
OF THE CENTRAL OFFICE OF REPRESSION OF
CYBERCRIME ........................... 572
TITLE III
OF CYBERSECURITY ............................... 577
CHAPTER I
OF CRYPTOLOGY ................................ 577
BOOK SEVENTH
TRANSITIONAL AND FINAL PROVISIONS
.................................................. ........................... 600

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TITLE ONE
TRANSITIONAL PROVISIONS ........... 600
TITLE II
FINAL PROVISIONS ...................... 603

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REPUBLIC OF BENIN
Fraternity - Justice Job
----NATIONAL ASSEMBLY
----Law n ° 2017-20 of April 20, 2018
digital code bearing
in the Republic of Benin.
The National Assembly deliberated and adopted in its session
of Tuesday, June 13, 2017 then brought into compliance with the
Constitution, following decisions DCC 17-223 of 02
November 2017 and DCC 18-079 of March 22, 2018, on
President of the Republic promulgates the law whose content
follows:

7 PRELIMINARY BOOK
DEFINITIONS AND OBJECT

Article 1 st : Definitions

For the purposes of this code, the following terms are understood to mean:

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- Subscriber : any natural or legal person who
uses and pays for a communications service
electronic
in
virtue
of a
in accordance with the terms established by
the operator ;

contract,

- Access:
▪ within the meaning of Book I : any provision
infrastructure, passive or active,
means, hardware or software, or services,
in order to allow the beneficiary to exploit
an electronic communications network or
to provide communications services
electronic, including services
associated such as co-location;
▪ within the meaning of Book VI : direct penetration or
indirect in whole or in part
any computer system. The
indirect penetration means access
intervening via a communications network
electronic of any kind. The
communication mode used for said access
is irrelevant;
-

Illegal access: unauthorized access to a system
computer or any unlawful behavior
likely to endanger or endanger the

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confidentiality, integrity and availability of
computer data;
- Universal access / service : minimum offer to the public on
the entire national territory of
affordable electronic communications and
this, while respecting the principles of equality,
continuity and universality;
- ABSU-CEP : Beninese Universal Service Agency
of Electronic Communications and the Post
defined in article 109 of this code ;
- Alter : modify;
- APDP : Data Protection Authority at
Personal character;
- ANSSI-BÉNIN : National Agency for the Safety of
Information Systems in charge of controlling
level of security of information systems in
Republic of Benin ;
- Assignment of a frequency or a channel
radio : any authorization granted to a
operator to use one or more frequencies
under specified conditions;

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- Breach of data integrity : any act
intentional likely to endanger or endanger
data security;
- Attacking the integrity of a system : any act
intentional obstructing the legitimate use of systems
IT systems, including
electronic communications, using or
influencing computer data;
- Allocation of a frequency band : registration
in the band allocation table
frequencies, of a specific frequency band,
for the purpose of its use by one or more
services ;
- Authorization : administrative act of the Authority
regulation which gives an operator a set of
specific rights and obligations under which
this operator is entitled to carry out certain activities
of electronic communications in accordance with Original text
the provisions of this code;
- Autorisation : acte administratif de l’Autorité de
- Competent authority: authority designated by way of
legislative or regulatory in charge of supervising
the activities of providing electronic tools and
trust services in accordance with
provisions of this code;

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Contribute a better translation

- Data protection authority
staff or supervisory authority: national authority
independent administrative body responsible for ensuring
that the processing of personal data
personnel are implemented in accordance with
provisions of Book V. This Authority is empowered to
conduct investigations or initiate
prosecution in the event of non-compliance with the provisions
aforementioned. This Authority is called the Authority of
Personal Data Protection (APDP) in
Republic of Benin ;
- Regulatory authority: regulatory authority for
electronic communications and postage charged
to regulate communications activities
electronic and mail;
- Local loop and local sub-loop : Physical circuit
that connects the endpoints of a network of
electronic communications at the premises of
subscribers to the main dispatcher or any other
installation
equivalent
of
electronic communications from an operator;

network

- Electronic stamp : electronic data, attached
or logically associated with other data
electronic to guarantee the origin and integrity of
these last ;

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- Advanced electronic seal: electronic seal that
meets the requirements set out in Article 294 of the
this code;
- Qualified electronic seal: electronic seal
advanced created using a device creation
qualified electronic seal based on a
qualified certificate of electronic seal;
- Specifications : document integrating the
technical conditions and operating procedures
imposed on any operator or service provider
postal or communications services
electronic products open to the public;
- ECOWAS : Economic Community of States of
West Africa;
- Website authentication certificate :
certificate to authenticate a website
and associating it with the natural or legal person to
which certificate is issued;
- Certificate of electronic seal : certificate
electronic which associates the validation data
an electronic seal to a legal person and
confirms the name of this person;

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- Certificate of electronic signature : certificate
electronic which associates the validation data
from an electronic signature to a person
physical and confirms at least the name or
pseudonym of this
person ;
- Qualified certificate of website authentication :
website authentication certificate, which is
issued by a trusted service provider
qualified and who meets the requirements set out in Article
304;
- Qualified electronic seal certificate: certificate
electronic seal issued by a service provider
qualified trust services, and which satisfies the
requirements set by regulation;
- Qualified certificate of electronic signature :
electronic signature certificate issued by a
qualified trust service provider and who
meets the requirements set by regulation
;
- CNIL : National Commission for Informatics and
Freedoms. Now known as
APDP;
- UNCITRAL : United Nations Commission for
Trade Law
International ;

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- Code : this digital code;
- Code of conduct : user charters drawn up by
the controller in order to establish a
correct use of IT resources,
internet and electronic communications at
within the structure
concerned;
- Penal code : law establishing the penal code and all the
legislative provisions punishing offenses
penal laws in force in Benin;
- Real-time collection: gathering of evidence
contained in ongoing communications
production, which gathering is carried out at
time of transmission of the communication;
- Co - location : service offered by an operator to
other operators and consisting of an upgrade to their
provision of infrastructure, including premises,
so that they can install their equipment there. The term
co-location also covers the services of
co-location offered in a building fitted out
this effect adjacent or distant from the endpoint
subject of an access and / or interconnection agreement;
- Electronic commerce : economic activity by
which a person offers or provides by way of
electronic communications the supply of goods
or services. Also fall within the scope of
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e-commerce services such as those
consisting of providing online information,
commercial communications and
data search, access and / or recovery,
access to a communications network or
hosting information, including when
are not remunerated by those who receive them;
- Cryptology Commission : Commission within
ANSSI-BENIN in charge of cryptology in Benin;
- Electronic communication : any broadcast, any
transmission and any reception of signs, signals,
writings, images, sounds or information of any
nature by wire, optical fiber, radioelectricity or others
electromagnetic systems;
- Confidentiality : security status allowing
guarantee the secrecy of information and resources
stored in networks and systems
communication
electronic,
information and / or terminal equipment, in order to
prevent unauthorized disclosure

systems

information to third parties, by reading, listening,
illicit copying of intentional or accidental origin
during their storage, processing or transfer;
- Consent of the person concerned : any
express, unequivocal manifestation of will,
free, specific and informed by which the person

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concerned or their legal, judicial or
conventional accepted by a declaration or by a
clear positive act that the personal data
personnel concerning him are subject to a
treatment ;
- Data retention: retention of
data in the state in which they are in
protecting them against anything that could modify them
or degrade the quality or current condition;
- Consumer : any natural person who acts in
purposes which are not within the scope of its
commercial, industrial, craft or
liberal;
- Net cost : difference between investment costs
and operation necessary for the supply of
universal access / service and relevant revenues;
the relevant revenue being direct revenue and
indirect induced by universal access / service;
- Stamp creator : legal person who creates
electronic seals;
- Cryptology : science relating to the protection and
information security, in particular for
confidentiality, authentication, integrity and non
repudiation;

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- Declaration : notification to the Regulatory Authority
made by any person under the conditions provided
in article 55 of this code and against delivery of a
receipt;
- Loop-local unbundling : service that includes
also associated services, in particular
that of co-location, offered by operator for
allow another operator to access all
elements of the local loop of the first operator
to directly serve its subscribers;
- Recipient :
▪ natural or legal person, public authority,
the service or any other organization that receives
communication of personal data
personal, whether or not it is a third party;
▪ administrative or judicial bodies
likely to receive communication from
personal data in the context of
of a specific investigation in accordance with
Book V are not, however, considered as
recipients. Processing of this data
by the public authorities in question is
complies with the applicable rules on
data protection according to the purposes
processing;

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- Dissemination : action consisting in transmitting
data to others;
- Device : hardware as well as solutions based on
software with the intention of committing any of the
offenses referred to in Book VI of this code. These
devices are, but are not limited to:
▪ elements capable of cutting off the power supply
electrical of a computer system;
▪ storage items, such as disks
hard drives, memory cards, compact discs
and bands;
▪ input devices, such as keyboards,
mice, touchpads, scanners and
digital cameras; and
▪ output devices, such as
printers and monitors;
- Administrative documents : any document received,
produced or held by a public body in the
within the framework of its missions or its attributions,
including correspondence, facts, opinions,
notices, memoranda, data, statistics, books,
drawings, plans, maps, diagrams, photographs and
audiovisual or electronic recordings;

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- Personal data : any information from
whatever nature and regardless of
its medium, including sound and image, relative
to an identified natural person or
identifiable,
below
called
concerned.

person

Is deemed identifiable, a person who
can be identified, directly or indirectly
in particular by reference to an identifier, such as a
first or last name, identification number,
location data, an identifier in
line or to one or more specific elements
specific to their physical and physiological identity,
genetic, psychic, cultural, social or
economic ;

- Data relating to the creation of signature :
unique data such as codes or keys
private cryptographic documents, which the signer uses
to create a secure electronic signature;
- Biometric data : all related data
physical, physiological or
behavior of a natural person who
allow its unique identification, such as
facial images or fingerprint data;

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- Health data : any information
concerning the physical and mental state of a person
concerned, including genetic data and
provision of health care services, which reveal
information about that person's state of health
;
- Electronic seal creation data :
unique data that is used by the creator of the
electronic stamp to create a stamp
electronic;
- Personal identification data : set of
data making it possible to establish the identity of a
natural or legal person, or a person
natural person representing a legal person;
- Genetic data : any information concerning
hereditary or acquired genetic characteristics
of a natural person who give information
unique to the physiology or state of health of this
natural person and which result, in particular,
an analysis of a biological sample of the
natural person in question;
- Computer data : any representation of
facts, information, concepts, codes or
machine-readable instructions, under a
form that lends itself to computer processing y

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including a program to ensure
that a computer system is performing a function;
- Data relating to subscribers : any information,
in the form of computer data or in any
other form, owned by a service provider
and relating to subscribers to its services, other
only traffic or content data, and
making it possible to establish:
▪ the type of communication service used, the
technical measures taken in this regard and the
period of service;
▪ identity, postal or geographic address and
subscriber's telephone number, and any other
access number, data concerning the
billing and payment, available on the basis
a contract or arrangement of services;
▪ any other information relating to the location
find communication equipment,
available on the basis of a contract or
arrangement of services;
- Content data : informative content of
communication, that is, the meaning of
communication, or message or information
conveyed by communication. It's all about

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which is transmitted as part of the communication
apart from traffic data;
- Traffic data: all data having
relates to a communication passing through a system
computer, produced by the latter as
as part of the communication chain, indicating
origin, destination, route, time, date,
the size and duration of the call or the type of
underlying service;
- Sensitive data : all personal data
staff relating to opinions or activities
religious, philosophical, political, union,
sexual or racial life, health, genetics,
social measures, prosecutions,
criminal or administrative sanctions;
- Rights of way : rights allowing
place of necessary infrastructure and equipment
the operation of a communications network
electronic or the provision of a
electronic communications on, above or
below private and / or public property;
- Erase : action of destroying bodily objects that are
become unrecognizable;
- Electromagnetic emissions: emissions that can
come from a running computer. They don't
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are not considered data
information technology within the meaning of the above definitions.
However, data can be reconstructed at
from such broadcasts;
- To hinder : actions to undermine the good
operation of the computer system or any
other electronic equipment. It results from
the introduction, transfer, damage,
the erasure, alteration or deletion of
computer data. In relation to a system
IT, the hindrance may consist of, but is not limited to,
at :
▪ cut the power supply to a system
computer science ;
▪ cause electromagnetic interference
in a computer system;
▪ corrupt a computer system by some
way whatever;
▪ introduce, transmit, damage, delete,
deteriorate, alter or delete data
computer science;
- Terminal equipment: any equipment intended to be
connected directly or indirectly to a point of

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termination of a network for the purpose of transmission,
receiving, processing or viewing
information; equipment is not targeted
providing access to broadcasting services
and television broadcast over the air or
distributed by cable, except in cases where they
also provide access to
electronic communications;
- Fraud : the act, either by the use of a false name or
of a false quality, or by the abuse of a quality
true, either by the use of maneuvers, to deceive a
natural or legal person and to determine it
thus, to its prejudice or to the prejudice of a third party,
hand over funds, securities or property
of any kind, to provide a service or to consent to
act operating discharge obligation;
- Main building :
▪ with regard to the controller
established in several countries, the place of
central administration, unless the
decisions as to the purposes and means of
processing of personal data
are taken in another establishment of the
controller and that the latter
institution has the power to enforce these
decisions, in which case the institution that

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such decisions is considered
the main establishment;
▪ with regard to a subcontractor established in
several countries, the place of its administration
central or, if this subcontractor does not have
central administration, the establishment of
subcontractor where most of the
processing activities carried out as part of
the activities of an establishment in the
processor, insofar as the processor is
subject to specific obligations under the
this code;
- State : Republic of Benin;
- Third State : any State which is not a member of the Community
economy of West African States
(ECOWAS);
- Essential requirements : set of rules that are
necessary to guarantee in the general interest:
▪ the safety of users and operating personnel
electronic communications networks;
▪ monitoring of possible criminal activities
;

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▪ respect for individual freedoms and life
private;
▪ protection of networks and in particular of
exchange of ordering information and
management associated with it;
▪ the proper use of the radio spectrum, the
optionally ;
▪ interoperability of services, networks and
terminal equipment as well as the protection
data, in justified cases;
▪ environmental protection and
urban planning and development constraints
territory;
- Operator of alternative infrastructures : any
person who owns, operates or manages
infrastructure or rights that can support or
help support networks of
electronic communications, without exercising iteven the activities of an operator;
- File : any structured set of data to be
personal character accessible according to criteria
determined, that this set be centralized,

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decentralized or functionally distributed or
geographic;
- Transborder flows of personal data
personal : circulation of personal data
personnel across national borders;
- Access provider : any natural person or
corporation that provides a transmission service
electronic data by transmitting
information provided by or to a user of the
service in a communication network, or which
provides access to a communications network;
- Cache supplier : any natural person or
legal entity providing a transmission service
electronic data by automatic storage,
intermediary and temporary information, in the
aim to make the transmission of
information;
- Provider of hypertext links : any person
physical or moral that provides one or more links
hypertext;
- Online service provider : natural person
or legal entity that provides, even free of charge, for
available to the public through
communication to the public online, the storage of
signals, writings, images, sounds or messages
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of any kind provided by the recipients of these
services. It may in particular be:
▪ public or private entities that offer
users of its services the possibility of
communicate by means of a system
computer science ;
▪ entities processing or storing data
IT for this communication service
or its users;
- Radio frequency : number of cycles per
second from which an electric current
analog changes direction; she is usually
measured in hertz (Hz). One hertz equals one cycle
per second;
- Frequency spectrum management : all
administrative and technical actions aimed at
ensure a rational and efficient use of
spectrum of radio frequencies by
users;
- HAAC : High Authority for Audiovisual and
Communication;
- Host : any natural or legal person who
provides an electronic transmission service of

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data by storing the information provided by
the user of the service;
- Electronic timestamp : data in the form
electronics that combine other data under
electronic form at a particular time and
establish proof that the latter data
existed at that moment;
- Qualified electronic timestamp: timestamp
electronics that meet the requirements set out in
article 300 of this code;
- Electronic identification : process consisting of
use personal identification data under
an electronic form representing in a way
unambiguous a natural or legal person, or a
natural person representing a person
moral;
- Information : all signs, all signals, all written,
all images, sounds or recordings of

of

all kinds that can be conveyed by
electronic communications processes;
- Information on the rights regime : any
information provided by rights holders who
identifies the work or any other object
protected, the author or other rights holder, the
information on terms and conditions
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use of the work or other subject matter thus protected
that any number or code representing these
information;
- Alternative infrastructure : any installation or
set of installations capable of ensuring or
help ensure the transmission and / or
the routing of communications signals
electronic;
- Essential infrastructure: any infrastructure of
active or passive electronic communications
or any alternative infrastructure that cannot be
reproduced under economic conditions
reasonable and for which there is no
real or potential substitute to provide the
same services with a quality of service
comparable or services on an upstream market,
downstream or related;
- Sensitive or critical infrastructure : point, system or
part of it, located in the territory of the
Republic of Benin and which is essential for
maintenance of the vital functions of society,
health, safety, security and well-being
economic or social issues of citizens, such as
power plants, transport networks and
public networks, and whose shutdown or destruction would
a significant impact on the Republic of Benin of
fact of the failure of these functions;

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- Installation of electronic communications : all
equipment,
devices,
cables,
of electrical infrastructure and devices, systems
radio or optical or any other system
technique that can be used for
information and communication or any other
transaction directly related to it;

elements

- Integrity : security state ensuring that a network of
communications
electronic,
information or terminal equipment that is
remained intact and that the resources and information
stored there have not been altered, modified
or destroyed, intentionally or
accidental, so as to ensure their accuracy,

system

their reliability and durability;
- Interception : acquisition, knowledge,
entering or copying the content or part of the content
of any communication, including data
relating to content, computer data,
traffic data, during transmissions not
public through technical means.
The interception includes, without this list being
limiting, listening to, controlling or monitoring the
content of communications and obtaining
data content, either directly, by means of
access to information systems and their
use, either indirectly, through

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the use of electronic listening devices or
listening devices by technical means;
- Interconnection : physical and logical connection of
electronic communications networks used
by the same company or a different company,
in order to allow users of a company to
communicate with users of the same
company or another, or to access
services provided by another company; these
services can be provided by the parties
concerned or by other parties who have access to the
network; interconnection is a special type
access implemented between network operators
public.
The
benefits
interconnection
also include associated services
such as
co-location;
- Interconnection of personal data :
any connection mechanism consisting in the setting
in relation to data processed for a purpose
determined with other data processed for
identical or different purposes, or linked by one or
several data controllers;
- Interoperability of terminal equipment :
ability of equipment to function, on the one hand,
with the network to which it is connected and, on the other hand,
with all other terminal equipment

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connected to a network and which allow access to
the same service;
- Data entry : manipulations at the entry of the
inaccurate data system, manipulation of
programs or other interferences in treatment
Datas ;
- National or national roaming : any
form of sharing of active infrastructure,
allowing subscribers of a mobile operator
to have access to the network and to the services offered by a
another mobile operator offering said roaming in
an area not covered by the nominal network of said
subscribers;
- License : any right granted by decree, relating to
approval of specifications, at any
person who meets the conditions set out in
this code and which undertakes to respect the
provisions; it defines the modalities and
conditions under which the license holder
is authorized to carry out its activity of
electronic communications and sets the rights and
obligations of the latter;
- Hypertext link : characteristic or property of a
element such as a symbol, a word, a phrase or a
image that contains information about another

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source and which returns and displays another document
when it is executed;
- Limitation of processing : marking of data to
personal character retained, in order to limit their
future treatment;
- Internet lotteries : all operations offered at
public on the internet, under whatever name
whether, to give birth to the hope of a gain that
would be due, even partially to chance and for
which financial compensation is required;
- Racist and xenophobic material: any written material,
any image or other representation of ideas or
of theories that advocate or encourage hatred,
discrimination or violence, against a person or
a group of people, due to race,
color, ancestry or national origin or
ethnicity, or religion, insofar as this
last serves as a pretext for one or the other of these
elements, or who incites such acts;
- Security measure : any use of procedures,
computer devices or programs
specialists with the help of which access to a system
IT is restricted or prohibited for some
categories of users;

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- Minor : any person under the age of eighteen
(18) years old;
- Provision : action consisting in making, between
other, devices, materials, and information in
line so that they can be used by others;
- Electronic banking : all IT techniques
and electronics applied to the realization of
banking transactions;
- Computer data storage medium : all
object or medium from which information
can be reproduced, with or without the help of a
other object or device;
- Electronic means of identification : element
material and / or immaterial containing data
personal identification and used to authenticate
a user of online services;

: technical devices
- Technical resources
connected to transmission lines as well as
devices for collecting and recording
wireless communications. They can among others
consist of software, passwords and codes;

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- MVNO or Mobile Virtual Network Operator or
Virtual mobile network operator : any operator of
mobile telephony without authorization
use of radio frequencies or
radiocommunications infrastructure that
contracted
with
the
operators
radio communication in order to provide users
electronic communications services
mobiles;

of

- Standards : all technical specifications
associated equipment and protocols
necessary for operation and interoperability
an electronic communications network;
- Number : any string of numbers indicating
unambiguous the termination point of the public network; this
number contains the information needed to
route the call to this endpoint. It
can have a national or international format; the
international format is known as the number
international public electronic communication
which includes the country code and the numbers
subsequent;
- Operator : any natural or legal person
operating a communications network
electronic or providing a
electronic communications. The operators are
imperatively subject to licensing,

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authorization or free entry with or without
declaration;
- Operator providing internet access : all
operator offering a service allowing access to
internet to natural or legal persons, to
lucrative title or not;
- National operator : any operator holding a
license or authorization or having carried out a
declaration in the Republic of Benin, or benefiting from
right to operate a communications network
electronic or to provide
electronic communications under articles
48, 54 and 57 of this code;
- Non-national operator: any operator duly
authorized to carry out communications activities
electronic mail in another Member State of
ECOWAS only the Republic of Benin and not benefiting
no right to operate a communications network
electronic or to provide
electronic communications under articles
48, 54 and 57 of this code;
- Radiocommunication operator: operator
operating a communications network
electronics requiring the use of frequencies
radio subject to authorization
prior to the Regulatory Authority;

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- Dominant operator : any operator with a
service contract or group of services a
significant power, equivalent to at least 25%
the volume or value of this market;
- Computer : a capable electronic device, in
applying predefined instructions, to perform
automated data processing and
interact with the environment through
peripherals like monitor, keyboard, mouse etc.
;
- Supervisory body: body created by legal means or
regulatory, responsible for monitoring the activities of
trust service providers, in accordance with
the provisions of article 317 of this code;
- Conformity assessment body : all
body that carries out evaluation operations
compliance, such as calibration, testing,
certification and inspection;
- Public body : the State, local authorities
and persons governed by public law responsible for
public service mission;
- Child pornography / child pornography:

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▪ any material visually representing a
child engaging in behavior
sexually explicit, real or simulated;
▪ any representation of the sexual organs of a
child for predominantly sexual purposes;
▪ any material representing visually
a person who appears to be a child indulging
sexually explicit, real behavior
or simulated, or any representation of the organs
sexual intercourse of a person who appears to be a child,
primarily for sexual purposes; or
▪ realistic images of a child engaging in
sexually explicit behavior or
realistic images of a child's sexual organs
primarily for sexual purposes;
- Person concerned by data processing at
personal character : any natural person whose
personal data is subject to a
treatment ;
- Computer hacking : unauthorized access to a
computer system. It is used to access
confidential information or for
alter or damage systems and data
that they may include. Pirate attacks
can be directed to all systems
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IT: computer, email account
personal, server of large companies or
state security infrastructure;
- Complaint : any written request addressed to the Authority
regulation to recognize a right that the author
believes to have or to manifest a
dissatisfaction with an operator;
- National numbering plan: plan organizing the
resource made up of all the numbers and
in particular to identify the points of
fixed or mobile termination of networks and services
phone calls, route calls and access
internal resources to
networks; this plan
sets the reservation procedures and conditions and
allocation of numbering resources and
corresponds to a segment of the numbering plan
world E 164;
- Endpoint : physical connection point
meeting technical specifications,
necessary to have access to a network of
electronic communications and communicate
effectively through it; this point makes
an integral part of the network and does not in itself constitute
an electronic communications network.
When an electronic communications network
is connected to a foreign network, the
connection to this network are considered

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points of
termination; in case of networks
mobile radio communications, interfaces
overhead mobile terminal equipment is
considered as endpoints;
- Number portability : possibility for a
user to use the same subscription number,
regardless of the operator with which he is
subscriber and even if he changes operator
;
- Possession : possession or enjoyment of a thing or
a right that a person maintains or exercises by
itself, or by another who holds it or who
exercises it in its name;
- Trusted service provider : person
physical or moral that provides one or more
trust services;
- Qualified trusted service provider :
trusted service provider that provides one or
several trust services having obtained the
qualified status;
- Professional : any natural or legal person
which, for business practices falling within the
Book IV, acts for purposes that fall within the scope of
its activity, commercial, industrial, artisanal or

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liberal, and any person acting in the name or for
the account of such a person;
- Healthcare professional : any person
defined as such by national law;
- Profiling : any form of automated processing of
personal data consisting of using
this personal data to evaluate
certain personal aspects relating to a person
physical, in particular to analyze or predict
elements concerning job performance,
economic situation, health, preferences
personal, interests, reliability,
behavior, location or movement
of this natural person;
- Computer program : ordered set
instructions that can be executed by the computer
to obtain the expected result;
- Direct prospecting : any message sent to
to promote, directly or indirectly,
goods, services or the image of a person
selling goods or providing services;
- Pseudonymisation : data processing to
personal character in such a way that they do not
can no longer be attributed to a person
concerned precise without resorting to
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additional information, provided that these
additional information is kept
separately and subject to technical measures
and organizational to ensure that the data
of a personal nature are not attributed to a
identified or identifiable natural person;
: the communications

- Radiocommunications
carried out using radio waves;

- Receiving : the act of concealing, detaining or
to convey a thing, or to act
intermediary in order to transmit it, knowing that
this thing is from a felony or misdemeanor. It is
also knowingly, to
benefit by any means from the proceeds of crime or
of a misdemeanor;
- Radio regulations : manual
published by the ITU containing the recommendations
relating to radiocommunication; he defines the service
radio communication as a service
involving the transmission, emission or reception
radio waves for specific purposes of
telecommunications;
- Representative : any natural or legal person
expressly designated by the person responsible for
treatment or the processor, who acts in place of
of the latter and can be contacted in his stead by the

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supervisory authorities and other entities in the
ECOWAS, as well as the Authorities of third States, with regard to
concerns the obligations of the person responsible for
treatment under Book V;
: connected set of systems
- Network
computers, regardless of their connection mode.
Connections can be grounded, wireless
or both. A network can be geographically
limited to a small area or cover an area
scope and such networks may themselves be
interconnected;
- Electronic communications network: all
installation or any set of installations of
transport or distribution as well as, where applicable,
other means ensuring the routing of
electronic communications, especially those of
switching and routing;
: any network of
- Independent network
electronic communications reserved for
private or shared. An independent network is called:
▪ for private use when it is reserved for the use of the
natural or legal person who establishes it;
▪ for shared use, when it is reserved for the use of
several natural or legal persons
made up of one or more closed groups
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users,
in
view
to change
electronic communications within the same
group;

of

- Internal network: any fully independent network
established on the same property, without borrowing or
public domain including wireless, nor space
atmospheric nor a third property;
- Network open to the public : any network of
electronic communications established and / or operated
to provide communications services
electronic devices to the public, including
national and international;
- Network, installation and terminal equipment
radio stations : a network, an installation or a
equipment
terminal
are
radio frequencies when using radio frequencies
microwave for wave propagation
electromagnetic in space; among the
radio networks include, in particular,
networks using satellite capabilities;

qualified

- Data controller : any natural person
or moral, public authority, service or any other
body or association which, alone or jointly

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with others, make the decision to collect and
process personal data and
determines the purposes and means;
- Enter : in relation to a computer system,
without being limited to:
▪ activate any computer system and means
storage of computer data on
site;
▪ make and keep a copy of the data
IT, using in particular
on-site equipment;
▪ maintain the integrity of this data
stored computers;
▪ make inaccessible or remove data
computer system computer
accessed;
▪ output the data to a printer
computer science; or
▪ enter or similarly obtain a
computer system or part of it
ci, or a means of data storage
computer science;

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- Without rights : the fact:
▪ to act without authorization or without authorization
by law, contract and / or
the competent private or public entity; and or
▪ to exceed the limits of his authorization or
of its authorization;
- Electronic identification scheme: system for
electronic identification under which
means of electronic identification are issued to
natural or legal persons, or to
natural persons representing persons
moral;
- Computer data security : confidentiality,
integrity and availability of computer data;
- Carrier selection : mechanism that allows
a user to choose between a set
operator operators to transport part
or all of its appeals;
- Electronic registered delivery service: service
which allows data to be transmitted between
third party electronically, which provides evidence
concerning the processing of transmitted data, including
including proof of dispatch and receipt,

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and which protects the data transmitted against
risk of loss, theft, alteration or any
unauthorized modification;
- Qualified electronic registered mail service :
electronic registered delivery service that

of

meets the requirements set out in Article 275 of
this code;
- Trusted service: services considered as
essential for building confidence in the economy
digital and framed by Book III of this code
;
- Qualified trust service: trust service
which meets the requirements of article 322 of this
coded ;
- Radiocommunication service: any service
involving the transmission, emission or reception
of radio frequencies propagating in
space without artificial guide for specific purposes
electronic communications;
- Electronic communications services : all
services including the issuance, transmission or
reception of signs, signals, writings, images,
sounds or information of any kind or a
combination of these functions;

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- Value-added services: all services of
electronic communications which, not being
broadcasting services and using services
communications media or services
electronic, add other services to the service
support or meet new needs
specific communication;
- Telephone service to the public : operation
commercial for the public of the direct transfer of
real-time voice to and from
switched networks open to the public between
fixed or mobile users;
- Easements : obligations encumbering private property
for the benefit of the public domain or for a purpose of interest
general. They are instituted in particular, with a view to
protection of radio transmission centers
and reception against physical obstacles.
- Radio frequency spectrum : designates
the set of radio frequency bands
;
- Signatory : any person who owns a device
creation of a signature and which acts either for its
own account, either for that of an entity or a
natural or legal person it represents;

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- Electronic signature : mechanism allowing
ensure the integrity of an electronic document and
authenticate the author;
: signature

- Qualified electronic signature
electronic meeting the requirements of article 285
of this code;
- Subcontractor : any natural or legal person,
public or private, any other body or
association that processes data on behalf of the
controller;
- Radio station : one or more transmitters or
receivers or a set of transmitters and
receivers including accessory devices,
necessary to provide a
radio communication in a given location;
- Professional alert system or "whistleblowing
" : Any system allowing individuals to
report behavior by a member of their
organization contrary, according to them, to a law or
to a regulation or to the overriding rules
established by their organization;

- Computer system : device or group of
interconnected or linked devices, including the internet, which,
by means of a program, proceeds to the treatment
automatic data or other execution
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functions. A computer system is a device
composed of hardware and software, designed for
automated processing of digital data. It
can include means of acquisition,
data retrieval and storage. He can be
isolated or connected to other devices similar to the
within a network;
of
Information
- Technologies
Communication (ICT) : all techniques used
in the treatment and transmission of
information, mainly IT, internet
and electronic communications. They designate
also the economic activity sector of
information and communication technologies

and

of

the

;
- TICE : Information and Communication Technologies
Communication for Education;
: any operation or set
- Treatment
of operations carried out or not with the aid of
automated or not, and applied to data or
sets of personal data,
such as collection, operation, registration,
organization, structuring, conservation,
adaptation,
modification, extraction,
saving, copying, consulting, using,
communication by transmission, broadcast or
any other form of provision, the

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reconciliation or interconnection, as well as
limitation, encryption, erasure or destruction
;
- Automatic or automated data processing
IT : all the operations carried out in
in whole or in part by automated means,
relating to the collection, recording, preparation,
modification, conservation, destruction,
application
operations
logical
arithmetic data editing and in a way
general, their operation without human intervention
direct;

and or

- Transmission : all data transfers, by
telephone, fax, email or file transfer;
- UEMOA : Western Economic and Monetary Union
African;
- ITU : International Telecommunications Union;
- User : any natural or legal person who
uses or requests to benefit from a network and / or
electronic communications service, or a
online service;

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- End user: user who does not provide
electronic communications networks or
electronic communications services;
- Personal data breach: violation
safety resulting in accidental or
unlawful destruction, loss, alteration,
unauthorized disclosure or viewing of
personal data transmitted,
stored or otherwise processed, or
unauthorized access to such data.
For terms not defined by this book, it
can be appealed and in the order of their enumeration,
definitions of texts and legal instruments
the following organizations or bodies:

- West African Economic and Monetary Union
(UEMOA);
- Economic Community of African States of
West (ECOWAS);
- African Union Convention on Cyber ​Security
and the protection of personal data;
- UNCITRAL Model Law on Electronic Signatures
(2001);

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- UNCITRAL Model Law on Electronic Commerce
(1996);
- International Telecommunications Union (ITU).
In the event of a difference between the definitions of
various legal texts and instruments listed below
above, the definitions provided for in the texts and
legal instruments first mentioned in the
list prevail.

Article 2 : Purpose

The purpose of this digital code is to
to govern :

- activities which fall within the scope of the networks and services of
electronic communications;
- electronic tools;
- trust services in the digital economy;
- electronic commerce;
- the protection of personal data; and

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- cybercrime and cybersecurity.

BOOK ONE
NETWORKS AND SERVICES OF
ELECTRONIC COMMUNICATIONS

TITLE ONE
GENERAL PROVISIONS

FIRST CHAPTER
FIELD OF APPLICATION

Article 3 : Activities concerned

This Book I governs the activities of
electronic communications conducted by any
natural or legal person establishing and / or
operating an electronic communications network
or providing communications services
electronic in the territory of the Republic of Benin,
whatever their legal status, their nationality, that of

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holders of its share capital or its directors, the
location of its head office or main establishment.

Article 4 : Exclusions

Are excluded from the scope of this Book
I:

▪ State facilities established for
public security, defense
national or using, exclusively for
specific needs of an administration,
frequency bands allocated directly to
this administration. A decree taken in Council
of Ministers sets the applicable regulations
to said installations;
▪ broadcasting companies and / or
terrestrial television, with regard to their
production and dissemination activities.
Article 5 : Regulation of the sector

The
regulation
of
sector
electronic communications and mail is from
State responsibility. This prerogative is exercised by the

of

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Ministry in charge of electronic communications
and the post office.

CHAPTER II
GENERAL PRINCIPLES

Article 6 : Principle of freedom to exercise the activities of
electronic communications

Electronic communications activities
are exercised freely, in accordance with the provisions
provided for in this code.

Article 7 : Equal treatment, non-discrimination,
transparency and free competition

The principles of equal treatment, nondiscrimination of operators and transparency of
procedures are binding on any administrative authority,
in particular to the Regulatory Authority, including in the
framework of the procedures applicable to the various regimes
legal regarding communications activities
electronics in the Republic of Benin.

The Regulatory Authority is prohibited from taking
any discriminatory measure or provision, in particular
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measures based on the nationality or origin of
operators, their shareholders and their managers.

The administrative authorities ensure that
access to a plan by an operator complies with the rules
free competition.

Article 8 : Rights of operators

Operators operating under the same regime
legal enjoyment under the same conditions
all the rights and obligations provided for in this plan.

Without prejudice to the provisions of paragraph
previous, the conditions under which the operators
can make use of their rights depend on respect
prior material or technical conditions
set by the Regulatory Authority. These conditions are
compatible with national rules and
in the field of competition.

Article 9 : Diplomatic representations, institutions
foreigners and organizations enjoying the
legal personality under international law

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Electronic communications activities
carried out on the national territory by the representations
diplomatic, foreign institutions and
bodies with the legal personality of
international law, are exercised in accordance with
international agreements ratified by the Republic of
Benign.

These activities are subject to the provisions of
this Book, subject to any stipulations contrary to the
international agreements ratified by the Republic of
Benign.

Article 10 : Respect for regional conventions and agreements
and international

Operators are required to respect the
conventions as well as regional agreements and
international communications
electronic systems ratified by the Republic of Benin.

Article 11 : Carrying out of work by operators

To carry out the work necessary to
the operation and extension of their networks,
operators comply with all the provisions
laws and regulations in force, in particular

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spatial planning requirements and
environmental protection.

The performance of such work is subject to
prior administrative authorization from the authorities
of the areas concerned. In this case, the
necessary authorizations intervene, in any case
cause, within forty-five (45) days
calendars from the date of receipt of the
request. If there is no response within this period, the
authorizations are deemed to be granted.

Any rejection of an authorization request is
duly motivated.

Article 12 : Confidentiality of communications

The operators as well as the members of their
staff guarantee the confidentiality of
communications made through their networks
and / or services and that of traffic data y
related. They also guarantee the secrecy of
user correspondence and the neutrality of
processing of these communications with regard to
transmitted messages and related information.

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Unless authorized by the application of
provisions of the Code of Criminal Procedure relating to
interception of correspondence or article 595 of
this code, it is prohibited for any person other than
the sender or recipient of a communication
electronic listening, intercepting, storing
communications and data or submit them to any
other means of interception or surveillance, without the
prior consent of the users concerned, under
penalties provided for in particular by Book V.

The operators set up and ensure the
implementation of the means necessary for the application
Articles 108 and 108 bis of the Code of Criminal Procedure
and article 595 of this code. In this context,
the operator designates qualified agents for the
carrying out the material operations necessary for the
implementation of interceptions of connections
issued by electronic communications.

Article 13 : Open access to the internet

Users have the right to access and
disseminate the information and legal content of their choice,
and to use and provide applications, services and
terminal equipment of their choice, regardless of the location
where they are and where the supplier is, and what
whatever the place, origin or destination of the information

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communicated, content disseminated, application
used or service provided or used.

Article 14 : Agreements between operators providing a
internet access and users

Agreements between operators providing a
internet access and users on the conditions
commercial and technical and the characteristics of
internet access services, such as prices,
data volumes or throughput, and all practices
commercial operations implemented by operators
providing internet access, do not limit exercise
by the users of the rights set out in article 13.

Article 15 : Equal treatment and non-discrimination

Operators providing internet access
treat all traffic equally and without discrimination,
restriction or interference, regardless of the sender
and / or the recipient, the content consulted and / or
disseminated, the applications and / or services used or
supplied or terminal equipment used.

Article 16 : Reasonable traffic management measures

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The provisions of Article 15 do not prevent
operators providing internet access to put
implementing reasonable traffic management measures.
To be considered reasonable, the measures are
transparent, non-discriminatory and proportionate, and
they are not based on considerations
commercial, but on objective differences between
technical requirements in terms of quality of service
certain specific categories of traffic. These
measures do not concern content monitoring
individuals and are not maintained any longer
as needed.

Operators providing internet access
do not apply traffic management measures that will
beyond those provided for in this article and, in
in particular, refrain from blocking, slowing down,
modify, restrict, disrupt, degrade or
treat in a discriminatory manner the content,
specific applications or services or
specific categories of content, applications or
services, except when necessary and only for the time
necessary, for:

- comply with applicable laws and regulations or
measures giving effect to these laws and regulations, including
including decisions of courts or
competent authorities ;

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- preserve the integrity and security of networks,
services provided through these networks and
user terminal equipment;
- prevent imminent network congestion and
mitigate the effects of exceptional congestion
or temporary, provided that the categories
traffic equivalents are processed
equal.
Article 17 : Transparency

Operators providing internet access
ensure that any contract including services
Internet access contains at least:

- a clear and understandable explanation, for
fixed networks, on minimum speed, normally
available, maximum and advertised for the
download and download of
internet access services or, in the case of networks
mobile phones, the estimated and announced maximum speed for the
download and download of
internet access services;
- information on how the measures of
traffic management applied by the supplier
concerned may affect the quality
Internet access services, on respect for life
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privacy of users and the protection of their
personal data.
Operators providing internet access
establish transparent, simple and
effective in handling user complaints
concerning the rights and obligations set out in article
13 of this code.

Any significant deviation, permanent or recurring,
between the actual performance of access services to
internet in terms of speed or other
quality of service and performance indicated by
the operator
providing
a
access
in accordance with paragraph 1 of this article is,
when the relevant facts are established by a
monitoring mechanism approved by the French
regulation, deemed to constitute a non-performance
compliant for the purpose of triggering
remedies open to users.

at

Internet

Article 18 : Surveillance

The Regulatory Authority closely monitors
the application of Articles 13 and 17, ensures compliance with these
articles and encourages the permanent availability of
non-discriminatory internet access services to

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quality levels that correspond to the condition
advancement of technologies.

To this end, the Regulatory Authority may impose
requirements for characteristics
technical, minimum quality requirements of the
service and other measures appropriate and necessary for a
or more operators.

At the request of the Regulatory Authority, the
operators provide information
relating to the obligations set out in Articles 13 and 17,
in particular information concerning the management of
capacity of their network and traffic, as well as
justifications for any traffic management measures
applied. These suppliers communicate the
information requested on time and according to the degree
precision required by the Regulatory Authority.

Article 19 : Technological neutrality

Within the framework of their attributions, the Ministry in
responsible for electronic communications and the French
regulation ensure that the
principle of technological neutrality.

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The principle of technological neutrality is understood
as the general obligation of non-discrimination
legal, regulatory, institutional or other of
technologies with regard to the services provided.

Article 20 : Other obligations applicable to operators

Operators cannot use their network or
knowingly allow it to be used for illegal purposes
or contrary to legal and regulatory provisions
in force. They take all appropriate measures to
ensure that their network is not used for any purpose
illegal or fraudulent.

Operators must cooperate and contribute
actively in the fight against all forms of fraud
set out in this code and must in particular
communicate to the Regulatory Authority and the authority
judicial authorities all the information they request and
take the measures required by these authorities.

In the event of non-compliance with the provisions of
this article, operators are liable to sanctions
provided for by the legal and regulatory provisions in
force, including those provided for in Article 247 of the
this law on the digital code, and are required
responsible for any fraud the realization of which has been
possible due to their failure.

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The regulatory authority specifies the conditions
in which the provisions of this article are
implemented.

The other obligations applicable to
operators will be specified by regulation.

CHAPTER III
PROTECTION OF USERS,
PEOPLE AND THE ENVIRONMENT

Article 21 : Obligations of operators

Every operator has the obligation to:

- make the networks and
open electronic communications services
to the public it provides;
- ensure that the fees, prices, practices and
classifications are fair, reasonable and
available transparently;
- provide efficient services that comply with
standards recognized at national, international or
adopted by the Regulatory Authority;

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- publish by any means and without delay, the forecasts
interruption of services, in particular for
reasons for installation, repair or
change of equipment;
- establish an effective mechanism for dealing with
complaints and repair of breakdowns of
communications networks and / or services
electronic.
Article 22 : Right to the provision of services of
electronic communications

Unless a decision is taken pursuant to a
national legislation and / or regulations, any
natural or legal person who meets the conditions
contractual and financial offered by an operator
may not be refused the provision of these services, if they
made the request.

The operator may nevertheless require the user
requesting these services a security deposit of which the
amount is fixed in advance and published in a
transparent and non-discriminatory.

Any user of a communications service
electronic devices that respect the contractual conditions
and financials subscribed cannot be disconnected from the

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network or service, unless requested
express, except in an emergency or for reasons of
public security.

Article 23 : Publication of information and prices by
operators

Transparent and up-to-date information
relating to all the services offered, to the prices
practiced as well as the general conditions of sale
and / or services, are regularly published and updated
the provision of users by operators in
their points of sale and on their website.

The Ministry in charge of communications
electronic documents may specify the form and content of these
information and documents.

Article 24 : Standard contracts drawn up by operators

Any operator draws up standard contracts and
their amendments for the provision of their services to
users.

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The draft standard contracts as well as their
amendments are subject to the prior approval of
the Regulatory Authority.

The Ministry in charge of communications
electronic can specify what are the
what must be included in the contracts concluded with
users.

Article 25 : User rights

No operator can limit the right to
the user to:

- choose a content service provider;
- connect any radio device or equipment to the network
terminal
communications
benefiting from an authorization for this purpose;

electronic

- connect to an electronic communications network
open to the public any communications network
that meets the standards and requirements in
matter.
Article 26 : Modification of contracts with users

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Operators cannot unilaterally
modify the terms of a contract that binds them to users
than :

- for reasons indicated in the terms of
contract and in accordance with it;
- on the basis of a change in legislation or
a decision of the authorities.
Any proposed modification of the conditions
contractual
of
supply
of a
service
electronic communications is communicated by
operator to users in writing or on another
durable support made available to the latter at
at least one (01) month before its entry into force, matched
information that users can,
as long as they have not expressly accepted the news
conditions, terminate the contract without penalty of termination
and without the right to compensation, until within a period of
four (04) months after the entry into force of the
modification.

of

The modification does not take effect until the end of this
four (04) month period.

Article 27 : Access to services provided by operators
and emergency services

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The operators ensure, on a permanent basis
and continuous, the provision of communications services
electronic.

Operators providing a service
telephone calls to the public also guarantee
uninterrupted service to emergency services, in accordance with
applicable rules and under the conditions specified by
the Regulatory Authority, under penalty of penalties
in articles 239 and 240 of this code.

Article 28 : User complaints

Operators providing security services
electronic communications to consumers
establish and manage a system for processing
user complaints. Complaints are
processed within a period not exceeding one (01) month.

Article 29 : Prescription

The prescription is acquired:

- for the benefit of operators in their relations
contractual with users, for all
requests for restitution of the price of their services

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presented by a user after a delay of one (01)
year from the day of payment;
- for the benefit of users in their relationships
contractual with the operators, for the sums
due to an operator in respect of the payment of its
benefits, when the latter has not claimed them
within one (01) year from the date of their
payable.
Article 30 : Protection of persons against the effects of
electric, magnetic and electromagnetic fields
Any operator, any importer and any
distributor is required to comply with the limit values
exposure of people to electric fields,
magnetic and electromagnetic.

A decree taken by the Council of Ministers on
proposal of the Minister in charge of communications
electronic sets the limit values ​for exposure to
electric, magnetic and electromagnetic fields.

Article 31 : Control and inspection of installations and
radio equipment

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Operation of equipment and facilities
radio and electronic equipment is carried out in accordance with
to the standards in force.

A decree taken by the Council of Ministers on
proposal of the Minister in charge of communications
electronic sets the methods of control and
inspection
of
equipment
and
radioelectric.

facilities

Article 32 : Protection of the environment against
electronic waste

With regard to equipment and
electronic installations, everything
operator, importer and distributor is subject to
compliance with environmental standards.

OEM,

A decree taken by the Council of Ministers on
proposal of the Minister in charge of communications
electronic specifies the terms of management and
electronic waste treatment.

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CHAPTER IV
PERSONAL DATA OF USERS

Article 33 : Erasure or anonymization of data
techniques

Without prejudice to the provisions of Book V and
article 120 of this code, articles 33 to 37
apply to the processing of personal data
personnel within the framework of the operation of
electronic communications and the provision of
electronic communications services. They
apply in particular to networks and services which
include a data collection system and
identification.

Operators and service providers
communication to the public online, erase or render
anonymous any data relating to traffic, subject to the
provisions of Articles 34 to 37.

Operators and service providers
communication to the public online establish, in the
compliance with the provisions of the previous paragraph,
internal procedures to meet the
requests from the competent authorities.

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People who, as part of an activity
primary or secondary professional, offer to the public
a connection allowing online communication
through access to a network, including
free ticket, are subject to compliance with the provisions
applicable under this article.

Article 34 : Exception to erasure or anonymization
technical data

According to the terms and conditions
provided for in the Code of Criminal Procedure relating to
interception and access to data by authorities
administrative as well as in article 595 of this code, it
can be deferred for a maximum period of one (01) year
to operations tending to erase or make anonymous
certain categories of technical data with a view to
their communication to the judicial authorities and
administrative provisions referred to in these articles.

A decree from the Minister responsible for
electronic communications, taken after advice from the APDP,
determine, within the limits set by Article 37, these
categories of data and the duration of their retention,
depending on the activity of the operators and the nature of
communications.

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Article 35 : Use of technical data for
billing and payment needs
and for the marketing of services

For billing and payment purposes
electronic communications services,
operators may, until the end of the period during
from which the invoice can be legally contested or
proceedings instituted to obtain payment,
use, store and, where appropriate, transmit to
third parties directly involved in invoicing or
recovery, the categories of technical data that
are determined, within the limits set by Article 37,
depending on the activity of the operators and the nature of the
communication, by an order of the Minister responsible for
electronic communications taken after advice from the APDP.

Operators can also carry out a
processing of traffic data with a view to
market
their
clean
electronic communications or to provide services
value-added, if users have previously and
expressly consented, and for a fixed period.
This duration may not, in any case, be greater than the
period necessary for the supply or
marketing of these services. They can also
keep certain data in order to ensure security
of their networks.

services

of

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Article 36 : Data allowing the location of the equipment
user terminal

Without prejudice to the provisions of Articles 34 and
35 subject to the need for judicial inquiries and
police, or for the needs of public security or
of national defense, the data allowing
locate the user's terminal equipment cannot
nor be used during communication for any purpose
other than its routing, nor be kept or
processed after completion of communication with
the user's consent, duly informed of the
categories of data in question, the duration of
processing, its purposes and the fact that this data will be
or not transmitted to third parties.

The user can suspend or withdraw his
consent at any time by a simple means and
free of charge, except for the costs related to the transmission of the withdrawal
or suspension.

Any call intended for an emergency service is worth
user consent within the meaning of the first paragraph
of this code until the completion of the transaction
rescue that it triggers and only to allow
the achievement.

Article 37 : Nature of the data retained

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The data stored and processed in the
conditions defined in Articles 34 to 36 relate
exclusively on the identification of users, on
technical characteristics of communications
provided by the operators and on the location of
terminal equipment.

They cannot in any case relate to the
content of correspondence exchanged or
information consulted, in any form whatsoever,
in the context of these communications.

The conservation and processing of this data
are carried out in compliance with the provisions of Book V
of this code, relating to data protection at
personal character.

Network operators and / or services
electronic communications open to the public
take all measures to prevent the use
of this data for purposes other than those provided for in
articles 33 to 36 of this code.

Article 38 : Identification of users

The operators proceed to the identification of
all users of their communications services

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electronic when subscribing to the services
that they provide. The conditions under which
operators identify users
are specified by regulation.

Mobile operators are setting up
means and procedures necessary to guarantee
the integrity of their distribution network. They stay
responsible for the actions of their distributors and
subcontractors.

Article 39 : Terminal flights

Operators are required to implement the
technical devices intended to prohibit, with the exception
emergency numbers, access to their communications
issued by means of mobile terminals, identified and which
were reported stolen from them. These terminals are blocked
without delay, upon receipt by the operator concerned of the
official declaration of theft, transmitted by the
police, the judicial authority or the owner of the terminal,
whose identity has been previously confirmed by
the operator.

However, the judicial police services may
after agreement of the Public Prosecutor or the Judge
of Instruction, derogate from the application of the first paragraph.

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Article 40 : Caller ID

At his request, any user may, except for one
reason related to the operation of emergency services or
to the peace of the called party, to oppose the identification by
his correspondents of his telephone number.

TITLE II
ELECTRONIC COMMUNICATIONS

FIRST CHAPTER
LEGAL REGIMES

SECTION I
GENERAL PROVISIONS

Article 41 : Prohibition and abrogation of exclusive rights

Any prior provisions of any
whatsoever granting exclusive rights are
repealed.

Article 42 : Applicable regimes

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Legal regimes applicable to activities
of electronic communications are:

- the licensing regime;
- the authorization regime;
- the free entry regime with or without
Statement.
Article 43 : Granting of licenses and authorizations and
realization of declarations

The procedures for granting licenses,
authorizations and the conditions for carrying out
declaration are the subject of a decree taken by the Council of
Ministers on the assent of the Regulatory Authority. The
decree which notes this is published in the Official Journal.

Article 44 : Changes affecting the activities of
electronic communications

Rights, procedures and conditions
attached to the different legal regimes must be
specified by regulation. They can't do
subject to modification only in accordance with procedures
set out in paragraph 2 of this article.

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Before modifying the plans, procedures,
rights and obligations attached to the exercise of activities
of electronic communications, the French
regulation consults and collects the opinions of stakeholders in the
sector. The changes made are not
retroactive.

Article 45 : Coordination with regional authorities and
regulatory authorities
national

The Regulatory Authority coordinates with the
regional authorities of ECOWAS and UEMOA as well
than with other national regulatory authorities for
Member States of ECOWAS and UEMOA with regard to
concerns the issuance of licenses or authorizations or
the realization of declaration for the exercise of certain
electronic communications activities.

SECTION II
OF THE LICENSE

Article 46 : Activities subject to licensing

The license is required:

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- for the operation of networks open to the public;
- when for reasons of national policy
concerning in particular public order, defense,
good morals, safety and / or public health,
the State decides that the service concerned is subject to
licensing regime.
The operation of networks open to the public that do not
does not require the use of radio frequencies
identified by decree taken in the Council of Ministers may
be subject to an authorization or declaration regime
by decree taken in the Council of Ministers.

The license is granted by decree taken in Council
of Ministers on the proposal of the Minister responsible for
electronic communications to any legal person
according to specifications which set the conditions.

The licensing decree approves the
terms of the specifications.

Article 47 : Call for competition

Licenses issued for the establishment and
the operation of networks open to the public and / or
provision of electronic communications services

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to the public that require the use of frequencies
radio stations identified by decree taken by the Council of
Ministers are granted following a procedure
call for competition.

The Regulatory Authority is responsible for
the competitive process until the
designation of the beneficiary.

The candidate declared beneficiary is the one whose
the offer is judged to be the most distant from the
requirements provided for in the tender documents,
in particular those of the specifications, the conditions
general establishment and operation and
provisions of this section that he undertakes to
respect.

The granting of the license following a call for
competition is the subject of a report presented by the
Minister responsible for electronic communications on
assent of the Regulatory Authority to the Council of
Ministers who make the decision to grant the license by
decree.

The terms and conditions for the allocation of licenses are
specified by decree taken in the Council of Ministers.

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Article 48 : Non-national operators

Subject to the commitments made by the
Benin and including an applicable reciprocity clause
in the electronic communications sector, the exercise
of any activity subject to licensing may not
be authorized only to companies under Beninese law.

Article 49 : Modification of licenses

The license is granted on a personal basis and
individual. It cannot be attributed, renewed,
modified, withdrawn or transferred only by decree taken in
Council of Ministers, on the assent of the Authority
regulation.

Any unilateral license modification is
liable to sanction.

Article 50 : Rules applicable to activities subject to
license regime

Applicable rules and requirements
essential relating to the activities subject to the regime
of the license are specified by decree taken by the Council of

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Ministers on the proposal of the Minister responsible for
electronic communications.

Article 51 : Content of the license specifications

The specifications provide, at a minimum,
relative provisions:

- respect for fair competition;
- the obligation to keep cost accounting
autonomous for each network and service operated;
- the conditions of confidentiality and neutrality of the
service with regard to the messages transmitted;
- the prescriptions required by national defense and
public security and the prerogatives of authority
judicial;
- the terms of contribution to missions
general government and in particular to missions and
universal service charges;
- the obligation to respect the agreements and
international conventions ratified by the Republic
from Benin;

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- the obligation to route calls free of charge
emergency;
- contribution to research, training and
communications standardization
electronic.

SECTION III
AUTHORIZATION

Article 52 : Electronic communications activities
subject to authorization

Authorization is required for the supply of
electronic communications services to the public and
for the operation of networks open to the public
exempted from the licensing system by decree taken in
Council of Ministers, in accordance with the provisions of
article 46 of this code.

Article 53 : Rules applicable to activities subject to
authorization regime

The rules applicable to the activities subject to
authorization regime are specified by decree of
Minister in charge of electronic communications.

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Article 54 : Obtaining authorizations

Decisions to grant or refuse to issue
an authorization by the Regulatory Authority
intervene within a maximum period of one (01) month from
from the date of notification of the request by the
applicant. This period can be extended by one (01) month,
in particular because of the technical complexity of
networks and / or services subject to the requested authorization.

Any decision to refuse to issue a
authorization by the Regulatory Authority, is justified. The
the regulatory authority's refusal decision is
subject to appeal before the administrative chamber
of the Cotonou Court of Appeal within one (01)
month.

SECTION IV
OF THE DECLARATION

Article 55 : Electronic communications activities
subject to the declaration regime

The establishment and / or operation of any
electronic communications network and / or
provision of any communications service

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electronic devices not covered by the licensing regimes
or authorization is free, upon simple declaration
prior to the Regulatory Authority, and under
reservation of compliance with legal provisions and
regulations in force.

As an exception to the provisions of this article,
subject to the conformity of their equipment,
internal networks, independent networks for private use
and devices exclusively composed of devices for
low power and short range require no
declaration to the Regulatory Authority and are not
not subject to the obligations applicable to operators,
except when the legal and regulatory texts
specifically provide.

As necessary, the Regulatory Authority fixes
the emission thresholds, range and bands of
frequencies used by low power devices
and short range.

Article 56 : Rules applicable to activities subject to
declaration regime

The rules applicable to the activities subject to
declaration regime are specified by the Authority
regulation.

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Article 57 : Rules applicable to declarations

A receipt is issued by the Regulatory Authority
to any person submitting a complete file of
declaration on the same day as the file is submitted. From the
delivery of this receipt, the activity covered by the declaration
can be exercised by the declarant.

Operators duly authorized to exercise
electronic communications activities in another
Member State of ECOWAS which, in the Republic of
Benin, under the declaration regime, are authorized to
declare their activities in the Republic of Benin in
identical conditions to national companies.

The Regulatory Authority cannot refuse a
declaration, except in the case of an incomplete file, for
reasons of public safety or if the networks operated
or the services provided are contrary to the provisions
legal or regulatory applicable or contrary to
public order.

The constituent elements of the declaration, the
procedures for making the declaration and the
special operating conditions under the
the declaration are fixed by an order of the Minister in charge
electronic communications after notice of
the Regulatory Authority.

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SECTION V
FINANCIAL CONSIDERATIONS, CONTRIBUTIONS
AND ROYALTIES

Article 58 : Financial compensation from operators
license holders

Licensing is subject to payment of a
financial contribution, the terms of which are specified
in the specifications.

Article 59 : Contribution for training and
normalization

The contribution of operators holding
license and authorization for training and
standardization for the benefit of the Ministry in charge of
electronic communications and the Authority
regulation is set at a percentage of their figure
business carried out under communications activities
electronic products, subject of the license and / or authorization.

This percentage is set by decree taken in Council
of Ministers on the proposal of the Minister responsible for
electronic communications and the Minister responsible for
finances.

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The amount of the contribution is paid
directly to the public treasury on behalf of the Authority
regulation.

Article 60 : Contribution for development
digital territory, service
universal and the functioning of
the Regulatory Authority

The contribution of operators holding
planning license and authorization
digital territory, universal service and
functioning of the Regulatory Authority is set at a
percentage of their turnover achieved in respect of
electronic communications activities covered by the
license and authorization.

This percentage is set by decree taken in Council
of Ministers on the proposal of the Minister responsible for
electronic communications and the Minister responsible for
finances.

Article 61 : Research contribution

The contribution of operators holding
license and authorization for research is fixed
at a percentage of the aforementioned turnover.

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This percentage is set by decree taken in Council
of Ministers on the proposal of the Minister responsible for
electronic communications and the Minister responsible for
finances.

The amount of the contribution is paid on a
special assignment account for research, created
in accordance with the legislation in force.

Operators are released from this contribution
who realize, for an equivalent amount,
research programs within the framework of conventions
approved by the Minister responsible for communications
electronic to pass with organizations of
research whose list will be fixed by order of the Minister
responsible for electronic communications.

Article 62 : Fees and charges

On the proposal of the Regulatory Authority and without
prejudice to financial counterparts, contributions
provided for in this Section and contributions to
financing of universal access / service to which
subject operators in accordance with
provisions of this code, the State establishes, in the event of
need, under conditions of transparency and nondiscrimination, taxes, fees and charges,

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intended to cover the costs inherent in the exercise of
regulatory and regulatory activities.

The terms of allocation of said costs and
royalties are determined by order of the Minister
responsible for electronic communications.

The fees and charges thus created are
published each year in the Official Journal and by all
legal notice channels.

CHAPTER II
ACCESS AND INTERCONNECTION

SECTION I
GENERAL PROVISIONS RELATING TO ACCESS
AND AT THE INTERCONNECTION

Article 63 : Right of access and interconnection

National operators benefit from a right
access
and interconnection
to the
electronic communications, to infrastructure
passive and active and alternative infrastructure

networks

of

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under the conditions provided for in this section and in
their specifications.

Non-national operators benefit from a
right of access and interconnection limited to networks,
infrastructures and services covered by this
Chapter under the conditions which will be specified by
decree taken by the Council of Ministers.

Any operator with access to
networks of another operator cannot resell the
capacities available on this network, including
national and international capacities to others
operators or its users.

Article 64 : Access and interconnection requests
presented by national operators

National and non-national operators and
operators of alternative infrastructures are entitled to
objective conditions, transparent and not
discriminatory,
to the
requests
interconnection of other operators, presented in
for the purpose of operating networks and / or providing
electronic communications, insofar as these
are technically feasible.

access

and

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Article 65 : Implementation of access and
interconnection

Any request for access or interconnection shall not
may be refused if it is justified with regard to, on the one hand,
the needs of the applicant and on the other hand, the capacities
operator to satisfy it. It can be refused if it
is technically impossible to meet, in particular the
regarding the interoperability of equipment and systems.

Any
decision
of
refusal
access
interconnection opposed by an operator must be
motivated. It is notified to the applicant and brought to the
knowledge of the Regulatory Authority, as well as
the national regulatory authority of the country in which
established the non-national operator, if applicable.

At the request of the parties, the Regulatory Authority
can assist them in negotiating agreements
access and interconnection.

Article 66 : Technical and pricing conditions for access
and interconnection

The Regulatory Authority may specify the
technical and tariff conditions for interconnection and
access to active and / or passive infrastructure and

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alternative infrastructures between operators and between
operators and operators of alternative infrastructure.

The Regulatory Authority may in particular decide
that the provision of certain access services and
interconnection referred to in the previous paragraph must be
cost-oriented or should be published in a
access and interconnection catalog in the
conditions provided for in article 70 of this code.

Article 67 : Operators controlling access to users
final

The operators who control access to
end users may be imposed
obligations to ensure the proper functioning and
the interconnection of their networks as well as access to
services provided over other networks.

Article 68 : Access and interconnection agreements

Access and interconnection are subject to
private law agreement between the parties concerned.
This convention determines, in compliance with
provisions of this Chapter and of the acts
regulations adopted for its application, the conditions
technical and financial relating to these services.

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The access and interconnection agreements are
communicated, for approval, to the
regulation, which can request its modification in a
period of one (01) month following receipt. Any
modification of these agreements by the parties must be
notified to the Regulatory Authority.

A decree taken by the Council of Ministers fixes the
terms of application of this section,
in particular the general conditions and the principles of
pricing applicable to access agreements and
interconnection.

Article 69 : Provision of information and mapping

Operators, infrastructure operators
alternatives and infrastructure operators
essential referred to in article 82 of this code
communicate to the Regulatory Authority, in the
conditions, frequency and formats requested by
this, all the relevant information
relating to their electronic communications network,
their passive and active infrastructures, their
alternative infrastructures and all other
relevant information required by the Authority
regulation.

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The nature and conditions under which these
information is communicated to the Authority
regulation are subject to a decision by the French
regulation.

On the basis of this information, the Authority
regulation is developing a database and
mapping:

- active and passive networks and infrastructures of
operators open to access and interconnection and
offering the possibility to other operators to
co-locate;
- alternative infrastructures owned by the
operators of alternative infrastructure;
- essential infrastructure.
In this regard, specific obligations may
be imposed on designated operators as
dominant in application of article 144 of this code.

Article 70 : Interconnection catalog

All licensed operators and
other operators if they are designated as dominant

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by the Regulatory Authority in application of article 144
of this code are required to publish and
communicate an access and interconnection catalog
in which appear all the technical offers and
tariffs offered for access and
interconnection, including the services of
co-location.

The Regulatory Authority may also impose
to any other operator not referred to in the previous paragraph, to
operators of alternative infrastructure and
operators of essential infrastructures referred to in Article
82 of this code to publish an access catalog and / or
interconnection, specifying the services and
provisions to be included therein.

The Regulatory Authority may impose
modifications to the offers appearing in their catalogs
interconnection.

The services and provisions that must
contain access and interconnection catalogs and
their level of detail, as well as the conditions
approval and publication of these catalogs, are
specified by decree taken by the Council of Ministers on advice
of the Regulatory Authority.

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Article 71 : Obligations imposed specifically on
dominant operators

The Regulatory Authority may impose the
obligations provided for in this Section only
to operators designated as dominant in
application of article 144 of this code.

SECTION II
SHARING OF INFRASTRUCTURES AND OTHERS
SPECIAL FORMS OF ACCESS AND
INTERCONNECTION

Article 72 : Sharing of infrastructure

The Regulatory Authority encourages sharing
active and passive infrastructure and access to
alternative infrastructures under conditions of equity,
of non-discrimination and equal access.

When infrastructure sharing is made
necessary to meet competition objectives,
regional planning or protection of
environment or heritage, the Regulatory Authority
may require operators and operators
of alternative infrastructure sharing obligations

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or

passive or active infrastructures including
alternative infrastructure, whether existing or
to be built, in particular the posts, the sleeves and the
high points, especially in low density areas
in order to pool infrastructure investments
operators as well as places where access to such
capacity is limited.

Article 73 : Unbundling of the local loop and the sublocal loop

Depending on the evolution of the markets,
communications networks and services
electronic and after consultation with the parties
stakeholders, the Regulatory Authority may, on the basis of
an analysis on the advisability of implementing the
unbundling of the local loop or sub-loop
local, propose to the Minister in charge of communications
electronic the provisions necessary for the
implementation of such unbundling.

On the basis of this proposal, the Minister
responsible for electronic communications takes a
order specifying the technical and pricing conditions
in which the unbundling of the local-loop must
be implemented by operators.

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This decree specifies the provisions to be implemented
work so that:

- operators can access the local loop
other operators on the basis of a schedule
predefined;
- operators wishing to access the local loop
other operators are required, by their notebooks
loads, at minimal deployment
infrastructure;
- local loop operators provide
other operators access to their infrastructure as well
that the possibility of co-location in their own
premises to facilitate unbundling in
objective conditions, transparent and not
discriminatory, in accordance with the principle
price orientation based on costs;
- the unbundling technical and tariff offer which should
be published by local loop operators
include the exhaustive list of services offered,
which must be approved by the Authority
of regulation under the conditions provided for in article
70 of this code.
Article 74 : National roaming services

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Without prejudice to the provisions provided for in the
Section 1, radiocommunications operators
must apply under objective conditions,
transparent and non-discriminatory to requests for
national roaming services available to them
presented
by
others
operators
radio communication in the less dense areas of the
territory which are determined by the Authority of
regulation.

of

When a
new
operator
radiocommunication enters the market in the Republic of
Benin or when the implementation of a service
national roaming is necessary to
meet competition objectives or
digital spatial planning or protection
environment or heritage, the Autorité de
regulation
imposed
to the
radiocommunications to provide a service
national roaming on defined areas or on
the whole of the national territory.

of

operators

of

To ensure equal conditions of
competition or interoperability of services, the Autorité
regulation can ask the parties to a
national roaming agreement the modification of
roaming agreements already concluded.

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Article 75 : International roaming services

Radiocommunication operators are
free to enter into roaming contracts with
foreign operators for the provision of services
of electronic communications to subscribers of these
foreign operators when they are in Benin and
provision of electronic communications services
to their subscribers by these foreign operators when they
are abroad.

The Regulatory Authority can:

- investigate the roaming prices charged in the
region ;
- carry out consultations with stakeholders
concerned in order to arrive at reasonable prices
allowing a maximum of homeless people in the region
to be able to use the networks at the best prices and
quality;
- identify operators practicing abusive prices
;
- ask, if necessary, the opinion of the council of the
competition;

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- allow subscribers to prepaid services to
benefit from the roaming service and at
reasonable;
- inform clearly and transparently and
detailed customers' rates applied for
roaming.
Article 76 : Access by virtual mobile operators

Without prejudice to the provisions provided for in the
Section 1, radiocommunications operators
must apply under objective conditions,
transparent and non-discriminatory to requests
access and interconnection presented by
mobile virtual network operators (MVNOs) duly
authorized to provide services of
electronic communications to users.

Article 77 : Access to capacities on sub-cables
sailors

Without prejudice to the provisions provided for in the
Section 1, any cable operator and / or manager
submarine and / or cable landing station
submarine in the national territory is subject to
following obligations:

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- provide any operator who requests it with access to their
submarine cable landing station as well
as co-location services, including
Virtual ;
- provide any operator with a link service
interconnection between the point of presence of
the operator located on the national territory and the station
cable landing;
- provide any national operator with a service
interconnection with international capacities
that it holds on a submarine cable connected to its
landing station as well as with all
capacities held by third-party operators on
all the submarine cables connected to the
station;
- allow any operator and / or manager of
submarine cable to land at said station.
- publish the technical and price conditions of these
services in an interconnection offer and
reference access relating to access to capacities
international submarine conditions
provided for in article 70 of this code.
Access to capacities on sub-cables
sailors are done under fair conditions, no
discriminatory and transparent.
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Article 78 : Access and interconnection requests

Any request relating to covered services
in Articles 73, 74, 76 and 77 of this Code cannot be
refused if it is justified in the light, on the one hand, of the
needs of the applicant and on the other hand, the capacities of
the operator to satisfy it. It can be refused if it is
technically impossible to meet, in particular the
regarding the interoperability of equipment and systems.

Any
decision
of
refusal
access
interconnection opposed by an operator must be
motivated. It is notified to the applicant and brought to the

or

knowledge of the Regulatory Authority, as well as,
appropriate, to the national regulatory authority of the country in
which is the non-national operator.

At the request of the parties, the Regulatory Authority
can assist them in negotiating agreements
agreements provided for in this Section.

Article 79 : Obligations imposed by the Authority
regulation

In its assessment of the proportionality of
infrastructure sharing and roaming obligations
national law that it can impose in application of articles

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72 and 74 of this code, the Regulatory Authority takes
in particular the following elements:

- the technical and economic viability of the use
shared infrastructure planned;
- the degree of technical feasibility of sharing
existing infrastructure given the capacity
available and
- the initial investment made by the owner of the
resources, without neglecting the risks inherent in
the investment.
Article 80 : Technical and pricing conditions and
conventions
interconnection

access

and

The Regulatory Authority may impose
technical and / or tariff obligations applicable to
services referred to in Articles 73, 74, 76 and 77 of this
code, and may in particular decide that the supply of
some of these services should be geared towards
costs.

The Regulatory Authority may also impose
that the services referred to in Articles 73, 74 and 76 of this
code are published in an access catalog and

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interconnection under the conditions provided for in Article
70 of this code.

Agreements concluded in application of
Articles 73, 74, 76 and 77 of this code are
communicated, for approval, to the
regulation, who can request its modification within the
conditions provided for in article 70 of this code. Any
modification of these agreements by the parties must be
notified to the Regulatory Authority.

A decree taken by the Council of Ministers fixes the
modalities of application of this Section.

Article 81 : Obligations imposed specifically on
dominant operators

The Regulatory Authority may impose the
obligations provided for in this Section only
to operators designated as dominant in
application of article 144 of this code.

SECTION III
SHARING OF ESSENTIAL INFRASTRUCTURES

Article 82 : Essential infrastructure
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Anyone establishing and or having established a
critical infrastructure made right under conditions
objective, transparent and non-discriminatory to
reasonable requests for access to said infrastructure
and the associated means presented by the
national operators under the conditions set out in
article 65 of this code.

Are considered in particular as
essential infrastructure:

- submarine cables;
- submarine cable landing stations;
- virtual landing points;
- internet exchange points;
- national transport networks;
- local loops and local sub-loops.
The Regulatory Authority can identify any other
infrastructure as essential infrastructure on
reasoned decision.

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Article 83 : Principle of no hoarding and no
speculation

The resources and / or capacities
essential infrastructure cannot be
speculation or hoarding on the part of
operators who operate or have access to them.

Article 84 : Request for access to infrastructure
essential

Any request for access to resources and / or
capacities from critical infrastructure cannot
be refused if it is justified in the light, on the one hand, of the
needs of the applicant and on the other hand, the capacities of
the operator of the critical infrastructure to satisfy it.
It can be refused if it is technically
impossible to satisfy, especially with regard to
interoperability of equipment and systems.

Any refusal decision opposed by a
operator of critical infrastructure must be motivated.
It is notified to the applicant and brought to the
knowledge of the Regulatory Authority, as well as,
appropriate, to the national regulatory authority of the country in
which is the non-national operator.

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At the request of the parties, the Regulatory Authority
can assist them in negotiating agreements and
agreements provided for in this Section.

Article 85 : Provision of infrastructure
essential

All resources and / or capacities resulting from
essential infrastructure must be provided in
reasonable technical and financial conditions and
fair.

The Regulatory Authority may impose
technical and / or pricing obligations for access to these
infrastructure, and in particular require that the provision
of certain benefits must be cost-oriented.

The Regulatory Authority may also impose
that these essential infrastructures be published in
an access and interconnection catalog in the
conditions provided for in article 70 of this code.

Agreements concluded in application of
this article are communicated, for approval, to
the Regulatory Authority, which can request the
modification under the conditions provided for in Article 70 of

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this code. Any modification of these conventions by
the parties must be notified to the Regulatory Authority.

Article 86 : Obligations imposed specifically on
dominant operators

The Regulatory Authority may impose the
obligations provided for in this Section only
to operators designated as dominant in
application of article 144 of this code.

SECTION IV
OF THE RIGHT OF WAY AND SERVITUDE ON THE
PUBLIC DOMAIN AND PRIVATE PROPERTIES

Article 87 : Rights of way and easements

The
operators
and
alternative infrastructures benefit, for a
fair and prior compensation, rights of way and
easements on the public domain and rights of
passage and easements on private property
required :

the

operators

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- the installation and operation of the
electronic communications;
- the elimination and prevention of disturbances
electromagnetic devices or obstacles likely to
disrupt the propagation and reception of waves
electromagnetic;
- the conservation and normal functioning of
electronic communications networks.
The Regulatory Authority may specify the
technical and tariff conditions applicable to rights
passages on private property.

Unless otherwise provided by law, the
operators can benefit from easements and rights of
passage already enjoyed by any other operator or
operator of alternative infrastructure in the Republic of
Benin, provided it does not significantly worsen
these easements or rights of way to the detriment of the
public or private person, owner or manager
of the public domain or of the private property concerned.

Article 88 : Prerogatives regarding the installation of
lines

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When an operator is deprived of access to
public or private property due to the need to
protection of the environment, health and
public safety or goal achievement
town planning or land use planning authority, the
regulation may require the sharing of infrastructure or
real estate, including physical co-location, to a
established operator, or take measures to
facilitate the coordination of work, after the parties
interested parties had the opportunity to give their opinion in
a maximum period of one (01) month.

Infrastructure sharing agreements,
real estate, coordination of public works or
private sector specify the rules for distributing the costs of
sharing.

Article 89 : Road works

Licensed operators or
authorization can run on the ground or basement
public roads any work necessary for
establishment, maintenance and extension of lines of
electronic communications, provided you have
obtained the necessary authorizations for this purpose and
rehabilitate the routes used. They determine the route
of these lines in agreement with the authority responsible for
way. The work necessary for the establishment and

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maintenance of communication lines and structures
electronics are executed in accordance with
road regulations.

The owner of a built or unbuilt building or
his representative cannot oppose the installation of a
line of electronic communications requested by
its tenant or a bona fide occupant.

Anyone establishing infrastructure
alternatives, particularly in the energy sectors,
transport or water, may be imposed
obligations regarding the installation of infrastructures
passive electronic communications. The
conditions under which these obligations are
imposed and implemented are specified by decree
taken in the Council of Ministers on the proposal of the Minister
responsible for electronic communications.

Article 90 : Resolution of disputes

The Regulatory Authority is responsible for
settle all disputes related to implementation
of the provisions of this Chapter II in the
conditions provided for in Title V of this Code Book in
in the event of serious disputes, the commercial courts are
competent.

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CHAPTER III
UNIVERSAL ACCESS / SERVICE

SECTION I
GENERAL PRINCIPLES

Article 91 : National policy for the development of
electronic communications and
the post office

The national policy for the development of
electronic communications integrates access / service
universal and human resources.

Article 92 : Right to the provision of the access / service
universal quality

Everyone has the right to the services of
electronic communications and postal services.

The Beninese universal service agency aimed at
article 109 of this code ensures the provision of
universal quality access / service under conditions
tariffs accessible to all.

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Article 93 : Development of national policy
universal access / service

The national universal access / service policy
is developed by the Minister responsible for communications
electronic mail and mail which:

- identifies universal access / service objectives
appropriate and realistic taking into account
specificities of universal access, public access to
Technologies
of
Information
Communication (ICT), universal service and
basic postal and financial services;
- develops regulations and practices
access / universal service in order to take, for the
private sector, incentives aimed at achieving
the objectives of universal access to health services
communication;
- regularly carries out studies to identify the
needs and modify the policy,
access / service regulations and practices
universal.

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Article 94 : Regulatory framework for access / service
universal

The regulatory framework for access / service
universal set up by the Minister in charge of
electronic communications and mail must:

- be fair and transparent;
- promote access to ICT and postal services
and financial;
- promote licensing practices
technologically neutral that allow
service providers use the latest technology
more profitable ;
- make it possible to define a framework for interconnection
transparent and non-discriminatory to guide
interconnection tariffs towards costs;
- reduce the weight of regulations to make

and

of

the

lower the costs of providing services to
end users;
- promote competition for the provision of
full range of ICT and postal services in order to
favor

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- the availability and access of these services,
accessibility
financial,
the use of ICT.

the

availability

and

Article 95 : Objectives and content of the policy
universal access / service

The Minister in charge of communications
electronic mail and mail, in developing the policy
universal access / service, ensures:

- ensure the promotion of access to interconnectivity
low cost broadband locally and
international by involving public authorities,
companies
and
the
organizations
governmental;

no

- adopt regulatory frameworks that promote
the offer of digital services to the population;
- adopt policies to increase access to
internet and broadband services, based on their
own market structure and so that such
policies reflect the diversity of cultures,
languages ​and social interests;
- adopt regulations that facilitate the use of
all means of support, whether by lines

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fixed or mobile, powerline carrier, metallic cable or
optical, wireless technology or any other
technology;
- propose initiatives encouraging public access to
internet and broadband services in schools,
libraries and other community centers.
Article 96 : Promotion of innovative services at prices
affordable

To facilitate access to infrastructure
information and communication, the Minister responsible
electronic communications and the post office ensures:

- promote, in a competitive, transparent
and non-discriminatory, the introduction of
innovators implementing new
technologies that offer options at prices
affordable;
- promote ICT equipment at competitive prices
affordable taking into account the purchasing power of
populations.
Article 97 : Connection requests

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The Minister in charge of communications
electronic mail and electronic mail, with the support of the French
regulation, ensures that connection requests
to an electronic communications network are
satisfied throughout the national territory by at
minus one operator.

Article 98 : Directory and information services
telephone

The Regulatory Authority ensures that:

- a directory gathering all the contact details
subscribers including telephone numbers
fixed and mobile, is made available to
users in electronic form;
- telephone information services to
clientele covering all subscribers
listed are accessible to all users
including users of telephone sets
public;
- companies, offering the services described below
above, apply the principle of non-discrimination
processing and presentation of information
provided to them by the operators.

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Article 99 : Personal data

The Regulatory Authority ensures compliance with
legislative and regulatory provisions applicable in
personal data protection
and relating to privacy. In particular, the coordinates
of subscribers who expressly oppose it are not
published in directories.

Article 100 : Emergency calls

The Regulatory Authority ensures that it is
possible to make free calls
emergency from any landline or mobile, including
the access points of paid services of
electronic communications.

Article 101 : Access points

The Regulatory Authority ensures that
operators install service access points
electronic communications open to
public, under reasonable conditions, in terms of
number and geographic distribution.

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They allow access to said services to all
users, especially those who are not subscribers.

The access point deployment schedule
is one of the obligations imposed on operators.

Article 102 : Access for disabled people

The Ministry in charge of communications
electronics takes special measures to
guarantee to disabled users and users
with specific social needs access
equivalent to communications services
electronic services open to the public, including
emergency services and directories, at an affordable cost.

Article 103 : Evaluation of the universal service

The Minister in charge of communications
electronic mail and post periodically assesses the
scope of the universal service, taking into account, between
others, social, economic and
technological. He proposes corrective measures
subsequent.

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The evaluation carried out once every two (02)
years, is the subject of a report submitted to the
Council of Ministers.

SECTION II
OF THE IMPLEMENTATION OF THE ACCESS / SERVICE
UNIVERSAL

Article 104 : Cooperation between actors

In the implementation and management of
universal access / service, cooperation is compulsory
between the different actors, in particular:

- the private sector and local communities, to identify
market needs and its development;
- local communities, public authorities and
private sector, to ensure that the differential
access is treated in a manner that is relevant to
local communities;
- ministerial departments, to ensure that
increasing the benefits of ICT benefits everyone
business sectors.

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Article 105 : Determination of the approach to ensure the
implementation of universal service

The Minister in charge of communications
mail and electronic mail determines the most
efficient and most suitable to ensure the implementation
universal service on the proposal of the National Council
orientation.

Article 106 : Performance targets

Benin's Universal Service Agency establishes
performance objectives for companies
assuming universal service obligations in the
compliance with the procedures it defines.

The objectives of area service,
performance and quality in terms of access / service
universal are contained in a specification.

These objectives are checked annually by
Benin's Universal Service Agency.

The notorious inability of a company to achieve
performance targets and quality levels
planned for the implementation of universal access / service

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results in sanctions imposed by the Benin Agency
universal service in accordance with the provisions of
articles 239 and 240 of this code.

The Beninese Universal Service Agency has the right
require independent verification of the achievement
obligations of operators or suppliers of
universal access / service.

SECTION III
OF THE ACCESS POLICY / UNIVERSAL SERVICE

Article 107 : Subsidy for the provision of
universal access / service

When the provision of universal access / service
represents an unjustified burden for companies
designated as suppliers, the Beninese Agency for
universal service determines the subsidy to be granted for
the provision of universal access / service.

Calculation of the net cost of service obligations
universal is subject to verification by the French
regulation.

Article 108 : Mechanisms for granting subsidies
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Grants are awarded under the
universal service through different mechanisms
whose :

- a global approach mechanism oriented towards
market ;
- competitive grant auctions
minimum to reduce the amount of funding
necessary for public access projects;
- an analysis mechanism allowing to arrive
quickly to a financial balance, particularly
when we give importance to
inexpensive and innovative technologies.

SECTION IV
OF THE UNIVERSAL SERVICE AGENCY OF BENIN
ELECTRONIC AND POSTAL COMMUNICATIONS
(ABSU-CEP)

Article 109: Creation of the Beninese Service Agency
Universal of Electronic Communications and
Post (ABSU-CEP)
A Beninese Service Agency is created
Universal of Electronic Communications and

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Poste, abbreviated ABSU-CEP. It is placed under the supervision
of the Ministry in charge of communications
electronic mail and mail.

Article 110 : Headquarters of ABSU-CEP

The headquarters of ABSU-CEP is located in Cotonou.
However, it can be transferred to any other place in the
national territory if circumstances so require, by decree
taken in the Council of Ministers on the proposal of the Minister
responsible for electronic communications and post
after advice from the National Orientation Council.

Article 111 : Mission of ABSU-CEP

The ABSU-CEP is administered by the Council
National Orientation which has the following missions:

- develop the specifications of the programs
of Universal Communications Service
electronic and mail;
- ensure the implementation of the
Universal Electronic Communications Service
and the post, on behalf of the State;

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- to ensure the financing of the Service programs
Universal of electronic communications and
post;
- ensure the management of investment operations
funded by the State in the field of Service
Universal of electronic communications and
post;
- and help build the capacities of
human resources in accordance with the policy
of
development
of
electronic mail and mail.

communications

Article 112 : Management, personnel and control bodies
ABSU-CEP

The Agency is headed by a general directorate and
a National Orientation Council.

The staff of the Agency consists of agents
recruited in accordance with labor legislation in
force and state officials and agents in
detachment position.

The administrative and financial management of ABSUCEP is subject to internal control and oversight
external jurisdiction of State accounts.

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The composition, organization and modalities of
operation of the ABSU-CEP are determined by
decree taken by the Council of Ministers on the proposal of
Minister responsible for electronic communications and
the post office.

CHAPTER IV
OF THE REGULATORY AUTHORITY
ELECTRONIC COMMUNICATIONS AND
POSITIONS

SECTION I
ATTRIBUTIONS OF THE AUTHORITY OF
REGULATION

Article 113 : Regulatory authority

It is created in the Republic of Benin, an authority of
Regulation of electronic communications and
item with the acronym “ARCEP BENIN”, hereinafter
referred to as the Regulatory Authority.

The Regulatory Authority is a structure
independent administrative staff with
legal, financial and managerial autonomy. It

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carries out its missions in an independent, impartial manner,
fair and transparent.

Article 114 : Seat of the Regulatory Authority

The seat of the Regulatory Authority is set at
Cotonou. However, it can be transferred to any other place
of the national territory if the circumstances so require, by
decree taken by the Council of Ministers, on the proposal of
Minister responsible for electronic communications,
after consultation with the Regulatory Authority.

Article 115 : Powers of the Regulatory Authority

The regulatory authority has for attributions, between
others:

- contribute to the development, at the request of the
Minister responsible for electronic communications
or on his initiative:
▪ proposals aimed at adapting the framework
legal, economic and security in which
communications activities are carried out
electronic;

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▪ draft laws, decrees and orders relating to
to the regime of the activities of the various operators
involved in the communications sector
electronic;
- prepare, at the request of the Ministry in charge of
electronic communications, notebooks
charges associated with licenses;
- to instruct, at the request of the Ministry in charge of
electronic communications, requests for
licenses and give its opinion, positive or negative, on
license applications;
- propose and instruct, at the request of the Ministry
in charge of electronic communications,
licensing procedures by appeal to the
competition;
- to investigate the authorization requests that are made to him
presented and, if applicable, to issue them;
- prepare the specifications fixing the rights
and obligations of license holders and
adapt to changes in the sector;
- to receive prior declarations for
electronic communications activities do not

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not subject to licensing or
authorizations;
- prepare the conditions of establishment and
operating conditions that operators must comply with
electronic communications networks and
communications service providers
electronic subject to the declaration regime and
to adapt them to the evolution of the sector. These
specifications and rules are not opposable to third parties
until after their publication in the Official Journal;
- to fix the technical specifications and
administrative approval of equipment
radio terminals and installations;
- provide support for the implementation of the
development policy for the universal service of
electronic communications in accordance with
provisions of this code;
- to participate, alongside the Minister responsible for
electronic communications, meetings
international standards dealing with spectrum management
radio frequencies and regulations
electronic communications, as well as
participate in the work of national organizations or
foreigners whose purpose is to study and improve
the regulation and management of
electronic communications;

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- ensure compliance with legal provisions and
regulations applicable by operators
license and authorization holders, by
operators subject to the declaration system and by
license holders;
- to ensure the follow-up of the respect:
▪ terms of licenses and authorizations
as well as specifications associated with
these licenses and authorizations;
▪ of

conditions
establishment
operating by operators holding
licenses and authorization and by
operators subject to the
declaration;

and

▪ of

specifications
techniques
administrative staff of license holders
terminal equipment and facilities
radioelectric;

and

- to ensure compliance with the rules of free competition,
and in particular to ensure that the
fair competition in the
electronic communications and to decide
disputes relating to anti-competitive practices;

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- to ensure the technological watch of the sector of
electronic communications;
- set up rapid procedures,
transparent and non-discriminatory
dispute resolution;
- to manage and monitor, in compliance with
constraints related to public security and defense
national resources, scarce resources, and in particular
frequency resources, the frequency resources
numbering and domain names;
- keep all documents relating to
the use of frequencies. To this end, all
administrations and authorities affected him
transmit the necessary data, in the
compliance with the provisions relating to the protection of
top secret ;
- coordinate the frequency assignments in
shared bands and to be informed of projects
assigning new frequencies in the
exclusive bands with exemption on which it
may issue an opinion;
- proceed to the notification of assignments
national to the international frequency file
of the International Telecommunications Union

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for which she is, for this area, the sole interlocutor
;
- to provide central office functions
provided for by the Radio Regulations of
the International Telecommunications Union;
- ensure the international coordination of
frequencies at the borders and that of the
electronic communications by satellite;
- establish, in conjunction with all the beneficiaries,
the national band allocation plan
radio frequencies;
- organize and coordinate the control of
the use of frequencies, without prejudice to
specific control powers exercised by
the administrations and the affected authorities. It
may be seized, by the latter or by third parties, of
jamming case that it investigates. She transmits her
investigation report to the administration or authority
affected assignee.
Article 116 : Investigations, verifications, analyzes and
communication of documents

The Regulatory Authority is also a
structure of investigations, verifications and analyzes.

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As such, it can, on its own initiative,
carry out inquiries, verifications and requests for
documents and information, on site and on documents,
with operators and customers, in order to
identify malfunctions, determine their
causes and responsibilities and to require corrections
required.

Operators must comply with any
request for information and documents
sent by the Regulatory Authority, and must
in particular to communicate, according to a defined periodicity
by the Regulatory Authority, the necessary information:

- the collection of taxes, fees and others
sector contributions;
- the establishment by the Regulatory Authority of balance sheets
comparative in the interest of users, relating to the
quality of service and prices;
- the conduct of market analyzes provided for in
articles 143 and following of this code, and
especially :
- the description of all the services offered;
- the prices and general conditions of their offers;

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- statistical traffic data;
- turnover data;
- customer fleet data;
- forecasts of growth in their activity;
- information relating to the deployment of their
network;
- accounting and financial information
relevant.
At the request of the Regulatory Authority, the
operators must also communicate any
information and document that it requires
punctual. These documents and information are specified
by regulatory means.

Article 117 : External expertise

As part of the fulfillment of its
mission, the Regulatory Authority may appeal, in the event
of necessity, to all skills and expertise
external, in particular on the legal, economic
and technical.

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Article 118 : Objectives targeted by the Regulatory Authority

The Regulatory Authority takes, in
objective and transparent conditions, measures
reasonable and proportionate in order to achieve the
following objectives:

- application and compliance with the provisions
laws and regulations in force;
of
principle
- the application
technological for the provision of services;

of

the

neutrality

- maintaining an open and competitive market for
communications networks and services
electronic;
- the application to all operators of a treatment
fair and non-discriminatory;
- respect for the adversarial principle and rights
defense by putting the parties in a position to
present their observations;
- compliance by operators with the protection of
personal data, confidentiality of
correspondence and the principle of neutrality
with regard to the content of the messages transmitted;

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- the integrity and security of the
electronic communications open to the public and
respect by operators of public order and
defense and public security obligations;
- the protection of the rights and interests of
consumers and users of
electronic communications, including those
disabled, elderly or in need
specific social;
- the development of investment, innovation
and competitiveness in the
electronic communications;
- the establishment of transparent mechanisms for
consultation, publication and information of
actors of the sector subject to the clauses of
confidentiality;
- contribution to the preparation of studies and
regulatory acts relating to the
electronic communications.
Article 119 : Obligation of transparency

The Regulatory Authority must publish, within a
maximum of five (05) working days following their adoption
or finalization, all the decisions it adopts,

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its internal regulations, licenses, authorizations and
specifications with operators, the list of
declared operators, the up-to-date national frequency plan,
the national numbering plan and its report
annual activity.

Article 120 : Appeal against decisions of the Authority
regulation

Except when this code provides for other
remedies or other methods of appeal, decisions
adopted by the Regulatory Authority may be subject to
an appeal to the administrative chamber of the Court
Supreme and by any interested party within one
(01) following month:

- its notification to interested parties for decisions
individual;
- its publication on the website of the Authority for
other decisions.

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SECTION II
BODIES OF THE REGULATORY AUTHORITY

Article 121 : The Regulatory Council and the Secretariat
executive

The bodies of the Regulatory Authority are the
Regulatory Council and the Executive Secretariat.

The Regulatory Council is made up of nine
(09) advisers.

The Executive Secretariat is made up of the Secretary
executive and other staff.

Article 122 : The Regulatory Council

The Regulatory Council is the body of
deliberation and decision of the Regulatory Authority.

Its missions are to:

- supervise the activities of the Regulatory Authority in
application of guidelines and policy in the

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field of electronic communications and
post;
- ensure the proper exercise of functions and attributions
statutory regulations of the Regulatory Authority.
Article 123 : Deliberations of the Regulatory Council

The Regulatory Council deliberates on:

- short, medium and long term strategic plans
of the Regulatory Authority prepared by the Secretary
executive for the implementation of all
constitutive elements of national policy in the
field of electronic communications and
post;
- annual budgets or provisional accounts;
- the financial statements and accounts at the end of the year;
- the plan of accounts of the Regulatory Authority;
- the

programs
multi-year
investments by the Regulatory Authority;

actions

and

- the annual activity reports of the Executive Secretary
;

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- the statute or collective agreement for the establishment of
staff of the Regulatory Authority;
- the remuneration and benefits to be granted to the
Executive Secretary of the Regulatory Authority;
- acquisitions and disposals of assets of
the Regulatory Authority.
Article 124 : Opinions and recommendations of the Council of
regulation

The Regulatory Council is responsible, upon referral from
Executive Secretary of the Regulatory Authority, to issue
reasoned opinions and make recommendations on:

- the draft regulatory decisions prepared by
the Executive Secretariat;
- the settlement of calls for competition, files
licensing instruction including
the texts of the specifications fixing the rights and
obligations of licensees and
authorizations;
- the investigation files of requests for
modification of the tariffs for
electronic communications and mail;

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- the instruction files relating to the approval of the
operator interconnection catalog;
- procedures for settling disputes and
conciliation between operators and complaints from
users;
- any other question relating to the missions of
the Regulatory Authority defined by this code.
Article 125 : Members of the Regulatory Council

The nine (09) members of the Regulatory Council
are selected because of their moral qualities, their
proven professional skills and experience
in the field of electronic communications and
the post in technical, economic and / or legal terms.
They are executives who have totaled at least ten (10) years
professional experiences.

They are appointed by decree taken by the Council of
Ministers for a renewable term of five (05) years
once after a transparent appeal procedure
candidacy; on the proposal of the Minister responsible for
electronic communications and post at the end
a transparent call for candidates procedure.

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The modalities of the appeal procedure
candidatures are set by decree taken by the Council of
Ministers.

Before the end of their mandate, the members of the
Regulatory Council cannot be suspended or
revoked only for gross negligence duly noted.

Article 126 : Oath

Before taking up their duties, the members of the
Regulatory Council are sworn in during a
solemn ceremony before the Supreme Court of the seat of
the Regulatory Authority.

The form of the oath is as follows:

"I solemnly swear well and faithfully
fulfill my duties as a member of the Authority
regulation of electronic communications and
position, with complete independence and impartiality, of
a dignified and loyal manner and to keep the secret of
deliberations, even after my
functions ”.

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Perjury of this oath is punished
in accordance with the legislation in force.

Article 127 : President and Vice-President of the Council of
regulation

The members of the Regulatory Council elect in
within them a president and a vice-president according to the
modalities provided for in the internal regulations.

Article 128 : Incompatibilities

The quality of adviser is incompatible with
that of member of the Government, with the exercise of
any elective mandate and any personal interest related to the
electronic communications sector or
position, with the exception of teaching activities and / or
of research.

Article 129 : The Executive Secretariat

The Executive Secretariat is the executive body of
the Regulatory Authority. It executes the deliberations of the
Regulatory Council.

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It is headed by an Executive Secretary appointed to
a term of five (05) years, renewable once per
decree taken by the Council of Ministers, on the proposal of
Minister responsible for electronic communications and
the post office, after a selection procedure by appeal
for candidates led by the Regulatory Council.

The Executive Secretary is chosen because of his
skills and qualifications in the field of
electronic communications and mail.

Article 130 : Powers and responsibilities of the Secretary
executive

The Executive Secretary has all the
powers to perform their duties within the limits of
missions and attributions of the Regulatory Authority.

To this end, it is responsible in particular:

- to carry out the deliberations of the Regulatory Council;
- submit to the Regulatory Council for
approval before adoption of strategic plans,
action plans and budget programs;
- to execute these plans and programs;
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- ensure strict compliance with internal procedures for
procurement, contracts and agreements;
- to represent the Regulatory Authority in court and
to initiate all legal actions having for
object to defend the interests of the Authority
regulation;
- to attend the meetings of the Regulatory Council at
within which, without voting rights, he provides the secretariat
;
- ensure the technical preparation of files for
submit to the regulatory council for approval.
As part of its duties, the
civil and criminal liability of the executive secretary
can be engaged in accordance with the legislation in
force.

Article 131 : Dismissal of the Executive Secretary

The Executive Secretary may be dismissed for one
for the following reasons:

- Incapacity duly noted;
- Heavy mistake ;
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- Actions incompatible with his functions.
The decision to dismiss the Executive Secretary
is taken under the same conditions as those of its
nomination.

Article 132 : Budget of the Regulatory Authority

The Executive Secretary is the authorizing officer of
budget of the Regulatory Authority.

As such, it:

- orders and collects the resources or
revenues established for the benefit of the Regulatory Authority;
- orders the expenditure of the Regulatory Authority.
Article 133 : Activity report

The Executive Secretary establishes, no later than March 31
late each year, a report on the activities of
the Regulatory Authority of the previous year that it
submits to the Regulatory Council for approval and
transmission to the Government.

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Article 134 : Staff of the Executive Secretariat

In addition to the Executive Secretary, the staff of the
Executive Secretariat is made up of:

- agents recruited in accordance with the rules of the
job ;
- civil servants and state agents in a position of
detachment.
Article 135 : Organization and functioning of the Council
regulation and the Secretariat
executive

The

modalities

organization

functioning of the Regulatory Council and the Secretariat
executive are determined by decree taken by the Council of
Ministers on the proposal of the Minister responsible for
electronic communications and mail.

The Regulatory Authority adopts its regulations
interior.

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SECTION III
HUMAN RESOURCES, MATERIALS AND
FINANCIAL OF THE REGULATORY AUTHORITY

Article 136 : Recruitment of staff of the Authority
regulation

The Executive Secretary recruits the staff of
the Regulatory Authority in compliance with the provisions
laws and regulations in force.

Article 137 : Rules relating to the staff of the Authority
regulation

Civil servants and state agents
secondment to the Regulatory Authority are
subject, during the period of employment, to the texts governing
the Regulatory Authority and labor legislation.

The employees of the Regulatory Authority are
prohibited, in all cases, to be employees or
benefit from remunerations from another establishment
public or private. They are also prohibited from having a
any direct or indirect interest in companies
regulated sectors.

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Article 138 : Missions and powers of staff
the Regulatory Authority

Regulatory Authority staff responsible for
carry out control and verification missions,
investigation and information is sworn.

As such, he checks the equipment,
the seizure of equipment and the closing of the premises,
in accordance with this code.

Article 139 : Financial resources of the Authority
regulation

The financial resources of the Authority
regulation include:

- the income from royalties collected on the occasion of
the study of files and the granting or
renewal of licenses and authorizations,
processing declarations, processing
requests
summons
frequencies
radio and numbers;
- the product of all royalties in relation to the
missions of the Regulatory Authority;

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- a percentage of the proceeds of the counterparty
financial paid by operators on occasion
a sale or renewal of
Licence. This percentage is set by decree taken in
Council of Ministers on the proposal of the Minister
responsible for electronic communications after notice
regulatory authority compliant;
- products and income from goods
furniture and real estate;
- advances or reimbursable loans from the Treasury,
public or private organizations;
- loans authorized in accordance with the law
in force ;
- investment income;
- grants, donations and bequests;
- all other income related to its activities
statutory.
Article 140 : Responsibilities of the Regulatory Authority

The responsibilities of the Regulatory Authority
include operating expenses and
capital expenditure.
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Article 141 : Control of administrative management and
Financial Regulation Authority

The administrative and financial management of
the Regulatory Authority is subject to internal control
and external control.

External control is carried out by the court
government accounts.

Article 142 : Communication of control reports
external

Reports drawn up following inspections
are communicated simultaneously to the Minister
in charge of finance and to the Minister in charge of
electronic communications.

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CHAPTER V
DOMINANCE AND COMPETITION

SECTION I
REGULATION OF DOMINANT OPERATORS

SUBSECTION I
IDENTIFICATION OF RELEVANT MARKETS,
THE DESIGNATION OF DOMINANT OPERATORS AND
DETERMINATION OF THE OBLIGATIONS APPLICABLE TO
THESE OPERATORS

Article 143 : Identification of relevant markets

The Regulatory Authority determines, with regard to
in particular obstacles to the development of a
effective competition, the markets of the
relevant electronic communications, with a view to
the application of articles 151 and following of this code.

Article 144 : Designation of dominant operators

After having analyzed the state and the foreseeable evolution
competition in the various markets, the Autorité de

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regulation establishes the list of dominant operators on
each of these markets.

Article 145 : Assessment of the dominant position

Any operator with a market of
services or a group of services of a power
significant, equivalent to at least 25% of the volume or
the value of this market can be declared dominant.

The dominant position of the operator is
assessed on the basis of the following criteria:

- its ability to influence the market;
- its turnover in relation to the size of the market
;
- the control it exercises over the means of access to
end user or
- his ability to act independently of his
competitors, its customers and consumers.
The Regulatory Authority identifies and publishes
annually, under the conditions specified by decree

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the Minister responsible for electronic communications, the
list of dominant operators.

It sets, for each operator concerned, the
constraints linked to this position in order to guarantee
healthy competition.

The obligations to be met by
operators whose market shares on a
electronic communications sector are
greater than a percentage determined by decree issued
in the Council of Ministers on the proposal of the Minister
responsible for electronic communications are
specified in this decree.

Article 146 : Determination of applicable obligations
to dominant operators

The Regulatory Authority specifies, by motivating them,
the obligations of dominant operators in a market
of the electronic communications sector.

These obligations which apply during a
limited period set by the Regulatory Authority, provided
a new analysis of the relevant market, carried out
pursuant to this article does not render them
lapsed.

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Any other obligation resulting from the provisions
of ECOWAS and UEMOA law which are
of direct application in the Republic of Benin may be
applied to a dominant operator.

Article 147 : Typology of obligations which may be
imposed on dominant operators
The Regulatory Authority may, in accordance with
provisions of article 143 of this code, impose
obligations :

- transparency;
- non-discrimination;
- accounting separation;
to the
networks
of
communications
- access
electronic, to specific associated resources
to these networks and passive infrastructures, including
including alternative infrastructure;
- price control and obligations relating to
cost accounting system;
- functional separation.

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Where appropriate, the Regulatory Authority may
also impose the implementation of a mechanism of
carrier selection or preselection. In that case,
the implementation modalities of this measure are
specified by regulation.

Article 148 : Criteria for assessing obligations
imposed on dominant operators
When considering whether to impose
obligations referred to in this Chapter, and in particular
when it assesses whether these obligations would be
proportionate to the objectives set out in Article 118 of the
this code, the Regulatory Authority takes in particular
consider the following:

- the technical and economic viability of the use or
setting up competing resources,
given the pace at which the market is changing and
the nature and type of interconnection and access
concerned;
- the degree of feasibility of providing access
proposed, taking into account the available capacity;
- the initial investment made by the owner
resources, without neglecting the inherent risks
to investment;

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- the need to preserve competition in the long term;
- any intellectual property rights;
- establishment of communications networks
electronic services and the provision of
regional electronic communications and
Pan-African.
SUBSECTION II
OBLIGATIONS IN TERMS OF TRANSPARENCY AND
OF NON-DISCRIMINATION

Article 149 : Obligations of transparency

The Regulatory Authority may, in accordance with
provisions of article 143 of this code, impose
transparency obligations regarding interconnection
and / or access under which operators must
make well-defined information public, such as
as accounting information, specifications
technical, network characteristics, methods
and conditions of supply and use and prices.

Article 150 : Obligation of non-discrimination

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The Regulatory Authority may, in accordance with
provisions of article 143 of this code, impose
non-discrimination obligations.

When an operator is subject to obligations
of non-discrimination, the Regulatory Authority can
in particular require that the reference offer that it publishes:

- is sufficiently detailed to ensure that the
beneficiaries of this offer are not required to
pay for resources that are not
necessary for the requested service;
- include a description of the relevant offers
divided into various elements according to the needs of the
market ;
- or accompanied by the terms and conditions
corresponding prices, including prices.
SUBSECTION III
SEPARATION OBLIGATIONS
ACCOUNTING

Article 151 : Obligation of accounting separation

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The Regulatory Authority may, in accordance with
provisions of article 143 of this code, impose
accounting separation obligations with regard to
certain electronic communications activities.

It may, in particular, require an operator
vertically integrated to make its wholesale prices and prices
transparent internal transfers, among others for
guarantee compliance with the obligation of non-discrimination
provided for in article 150 of this code or, in the event of
necessity, to prevent cross-subsidies
abusive.

The Regulatory Authority may specify the format and
the accounting methodologies to be used.

In this case, the operator's accounting is
audited annually at its own expense by an organization
independent selected by the Regulatory Authority.

Article 152 : Communication of accounting documents

The Regulatory Authority may, in order to facilitate the
verification of compliance with transparency obligations,
of non-discrimination and accounting separation, require
that accounting documents, including data

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concerning revenue from third parties, be provided to it
if she requests it.

The Regulatory Authority may publish these
information insofar as it contributes to
the establishment of an open and competitive market, in the
compliance with national and community regulations
on the confidentiality of commercial information.

SUBSECTION IV
OBLIGATIONS RELATING TO ACCESS TO
SPECIFIC NETWORK RESOURCES AND THEIR
USE

Article 153 : Obligation to comply with certain
specific requests

The Regulatory Authority may, in accordance with
provisions of article 143 of this code, impose on
of operators the obligation to satisfy requests
reasonable access to network elements
specific and associated resources and
authorize the use, in particular when it considers
a refusal to grant access or terms and
unreasonable conditions having a similar effect
prevent the emergence of a retail market

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competitive
durable
detrimental to the end user.

or

would risk

to be

In particular, operators can see each other
impose:

- grant third parties access to elements and / or
specific network resources, including access
unbundled to the local loop;
- to provide national roaming services;
- to provide access services to its network
needed by virtual mobile operators;
- negotiate in good faith with operators who
request access;
- not to withdraw access to resources when it has
already been granted;
- to offer specific wholesale services with a view to
resale to third parties;
- grant open access to interfaces
techniques, protocols or other key technologies
which are of essential importance for

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interoperability of services or
virtual networks;
- to provide a possibility of co-location or
other forms of resource sharing, including
sharing of ducts, buildings or entrances
buildings, antennas or pylons,
visit and boxes located in the street;
- to provide the specific services necessary for
guarantee users the interoperability of
end-to-end services, including
concerns the resources intended for
smart networks or allowing roaming on
mobile networks;
- provide access to assistance systems
operational or similar software systems
necessary to ensure the existence of a
fair competition in the provision of services;
- to interconnect networks or resources of
network;
- to provide access to associated services such as
those relating to identity, location and
occupation.

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The Regulatory Authority can associate these
obligations of the conditions concerning the
fair or reasonable performance of these services and the
provision of these services.

Article 154 : Technical or operational conditions
imposed on dominant operators

When the Regulatory Authority requires a
operator the obligation to provide access in accordance
in accordance with the provisions of this Section, it may set,
objective, transparent, proportionate and not
discriminatory, technical conditions or
to which the supplier and / or
beneficiaries of access must meet to ensure the
normal network operation. The obligation to
comply with certain standards or technical specifications
must be compatible with the standards and specifications in
force.

SUBSECTION IV
PRICE AND BOND CONTROL
RELATING TO THE ACCOUNTING SYSTEM
COSTS

Article 155 : Retail prices

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The Regulatory Authority may, in accordance with
provisions of article 143 of this code, impose on
dominant operators of information obligations and
tariff obligations relating to their offers
and their retail prices aimed at preventing or limiting:

- any on-net / off-net price differentiation;
- any price squeeze effect;
- any foreclosure effect;
- any cross-subsidy of an activity of
electronic communications by another activity.
To this end, the Regulatory Authority may impose
to dominant operators ex ante control of their
offers and prices including promotions on the market of
detail.

Article 156 : Price orientation according to costs and
accounting systems
costs

The Regulatory Authority may, in accordance with
provisions of article 143 of this code, impose
tariff obligations, including obligations
concerning the orientation of prices according to costs and

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the obligations concerning the systems of
cost accounting, for the provision of types
particular interconnection and / or access, when a
market analysis indicates that the operator concerned
could, in the absence of effective competition, maintain
prices at an excessively high level or compress
the prices.

The Regulatory Authority takes into account the
investments made by the operator and allows it
reasonable return on adequate capital committed,
taking into account the risks involved.

Article 157 : Pricing methodologies

The Regulatory Authority ensures that
pricing methodologies that would be made
mandatory aim to promote economic efficiency,
promote sustainable competition and optimize
consumer benefits.

In this regard, the Regulatory Authority may
also take into account the prices in force on
comparable competitive markets.

Article 158 : Proof of compliance with obligations of nature
tariff

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When an operator is subject to an obligation
of a tariff nature, in particular an obligation
price orientation based on costs, it is their responsibility
to prove that its prices are determined according to the
costs, taking into account a return on investment
reasonable.

In order to calculate the costs of providing a
efficient delivery, the Regulatory Authority can use
separate cost accounting methods
those applied by the operator.

The Regulatory Authority may ask a
operator to fully justify his prices and, if
necessary, require adaptation.

Article 159 : Cost accounting system

When the establishment of a system of
cost accounting is made compulsory in the
within the framework of price controls, the Regulatory Authority monitors
to make available to the public a
description of the cost accounting system
showing at least the main categories in the
within which the costs are grouped and the rules
applied in terms of cost allocation.

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Compliance with the accounting system for
costs is verified by a competent body
independent. A certificate of conformity is published
annually.

Article 160 : Price asymmetry

The Regulatory Authority may decide to
the application of asymmetric tariffs for the benefit of a
new operator entering a market, or in the event of
significant imbalance of frequency resources at
detriment of an operator. Such a measure must be
justified and must be limited in time.

SUBSECTION VI
FUNCTIONAL SEPARATION

Article 161 : Obligation to create an entity
economic
independent

functionally

The Regulatory Authority may, in accordance with
provisions of article 143 of this code, impose on
a vertically integrated operator the obligation to
entrust its wholesale supply of products
access to an economic entity functionally
independent.

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This economic entity provides products and
access services to all operators, including
other economic entities within the parent company,
on the same terms and conditions, including in terms
tariffs and service levels and using the same
systems and processes.

Article 162 : Justification of the measure

When the Regulatory Authority intends to impose
an obligation of functional separation, it must
demonstrate that the imposition of appropriate obligations,
among those listed in this Chapter, for
ensure effective competition following an analysis
coordination of relevant markets in accordance with
procedure in force failed and would fail
systematically to achieve this goal and that it
there are competition concerns or defaults
significant and persistent market share in several of these
product markets.

The Regulatory Authority must also carry out a
analysis of the effect of the expected measure:

- on the operator and his motivation to invest in his
network;
- on competition between infrastructures;
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- for consumers.
Article 163 : Content of the measure

The draft measure includes the elements
following:

- the precise nature and degree of separation and, in
particular, the legal status of the economic entity
distinct;
- the list of the assets of the separate economic entity
as well as the products or services it must provide;
- the management methods aimed at ensuring
independence of personnel employed by the entity
distinct economic and incentives
corresponding;
- the rules aimed at ensuring compliance with the obligations
;
- the rules aimed at ensuring the transparency of
operational procedures, in particular for
other interested parties;

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- a control program aimed at ensuring the
compliance and involving the publication of a report
annual.
Article 164 : Other obligations applicable to
operators subject to a separation measure
functional
An operator to whom separation has been imposed
functional may be subject to any other obligation
referred to in this Chapter on any particular market
where it has been designated as dominant in accordance with
article 144 of this code or any other obligation
resulting from ECOWAS and UEMOA law
directly applicable.

SECTION II
COMPETITION

Article 165 : Jurisdiction in matters of civil law
competition

The Regulatory Authority ensures compliance with the
competition in the communications sector
electronic and settles the related disputes,
especially
those
relative
to the
practice
anti-competitive.

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The Regulatory Authority informs the Board
National Competition decisions made under
of this Section.

Methods of implementing the provisions
of this Section are set by regulation.

Article 166 : Investigations

Sworn officers of the Authority
regulation can carry out the necessary investigations.
They are bound by professional secrecy.

Sworn officers of the Authority
regulation can access any premises, land or
means of transport for professional use, ask
communication of books, invoices and all others
professional documents and take copies of them and
collect, upon convocation or on site, the
information and justifications.

These visits and seizures cannot be
be carried out only in the presence of the public prosecutor
Republic, or in the presence of police officers
court appointed by him. They can't start
before six o'clock or after nine o'clock and are
carried out in the presence of the occupant of the premises or his

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representative. In case of refusal or impossibility, the officer
judicial police requires for this purpose two witnesses taken
apart from the personnel under his authority and
that of the Regulatory Authority.

An inventory of the items seized is carried out.
If necessary, these can be placed under seal.

A report is drawn up of the operations of
visits and seizures.

Sworn officers of the Authority
regulation can, without being opposed to secrecy
professional, access any document or element
information held by administrations,
establishments and other legal entities
public.

Article 167 : Communication of documents and summons

The Regulatory Authority may request the
communication of any documents or documents and
convene any person or any company.

In case of refusal to attend a summons
or to communicate a document or document, or in case

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obstruction of the investigation or investigation, in particular by
providing incomplete or inaccurate information,
or by communicating incomplete documents or
denatured, the Regulatory Authority can:

- pronounce a penalty, within the limit and according to the
modalities provided for in article 172;
- impose a financial penalty on the person concerned, the amount of which
amount cannot exceed 1% of the amount of the figure
highest tax-free worldwide business achieved in
during one of the fiscal years ended since the fiscal year
preceding the one in which the practices were
implemented.
Article 168 : Measures to be adopted by the Authority
regulation

When she
notes
of
anticompetitive, the Regulatory Authority takes one
either of the following:

practice

- orders provisional measures which are to him
requested or which appear necessary, such
that the suspension of the practice concerned or
an injunction to return to the previous state;

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- orders those concerned to put an end to the practices
anti-competitive within a specified period;
- imposes special conditions on those concerned;
- accept and make binding a commitment made by
interested parties during the procedure in order to
an end to competition concerns
likely to constitute practices
anti-competitive;
- pronounces a financial penalty in accordance with
provisions of articles 170 and 171 of this code
;
- pronounces a periodic penalty payment in accordance with
provisions of article 172 of this code;
- orders the publication, distribution or display of
its decision or an extract from it according to the
modalities that it specifies at the expense of the interested party.
Article 169 : Unsanctioned practices

Practices are not penalized:

- which result from the application of a legislative text or
a regulatory text adopted for its application;

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- whose authors can justify that they have for
effect of contributing to economic progress and / or
technical, including by creating or maintaining
jobs, and that they reserve for users a
fair share of the resulting profit, without giving
to interested companies the possibility of eliminating the
competition for a substantial part of the goods,
products and services involved. These practices do not
must impose restrictions on competition that
insofar as they are essential for
achieve this goal of progress.
Article 170 : Financial penalties

When she
notes
of
practice
anti-competitive, the Regulatory Authority may impose
to the interested parties pecuniary penalties, the amount of which
can reach :

- for a natural person, two hundred and fifty
million (250,000,000) CFA francs;
- for a company, 10% of the amount of the figure
consolidated national or global duty-free business,
highest achieved in one of the last
fiscal years closed since the fiscal year preceding the one in
during which the practices were implemented.

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In the event of a repeat offense within five (05) years,
the maximum amount of the financial penalty can be
doubled.

Article 171 : Exemption from financial penalties

Total or partial exemption from sanctions
may be granted to a company or to a
organization which, along with others, has implemented a
anti-competitive practice if it has helped to establish the
reality of the prohibited practice and to identify its perpetrators,
by providing information that the Authority
regulation or the administration did not have
previously.

Article 172 : Penalty

When she
notes
of
anti-competitive, the Regulatory Authority may
pronounce a penalty within the limit of 5% of the figure
average daily business excluding taxes, per day of delay
from the date set to execute a decision
having ordered provisional measures, having
ordered to put an end to anti-competitive practices
or having imposed special conditions.

practice

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The turnover taken into account is calculated on
the basis of the company's accounts relating to the last
year ended on the date of the decision or, in the absence of
turnover, can reach three hundred thousand (300,000)
CFA francs.

The penalty payment is liquidated by the Authority
regulation, which sets the final amount.

Article 173 : Appeal

Decisions taken by the Regulatory Authority
within the framework of this Section may be subject to
an appeal to the administrative chamber of the Court
supreme within one (01) month.

Article 174 : Cooperation with regional authorities of
competition

The Regulatory Authority cooperates with
regional regulatory authorities, the authorities responsible
of the application of competition law and those
responsible for the application of measures to protect
consumers established in other Member States
of ECOWAS and UEMOA.

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The Regulatory Authority may request or
receive information from the authorities mentioned in
this article.

It must ensure the confidentiality of
information sent and received that is confidential
Business.

TITLE III
MANAGEMENT OF RARE RESOURCES

CHAPTER I
GENERAL PROVISIONS

Article 175 : Typology of scarce resources

The scarce resources are:

- the numbers ;
- the addresses ;
- the names of the national internet domain;

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- the radio frequency spectrum.
Their management is the exclusive domain of the State.

Article 176 : Rules for the management of scarce resources

The rules for managing scarce resources
are part of the opening of the market
to free competition and its integration into the
sub-regional market.

They take into account:

- national policy;
- regional conventions and agreements and
international ratified by the Republic of Benin;
- economic efficiency through the allocation of
scarce resources according to the needs of
operators and the use of said resources by
these, of the increase in value provided by
these resources, flexibility and speed of
response to market developments;

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- technical efficiency for optimization of
intensive use of limited availability, in
compliance with technical constraints.
Article 177 : Right to use scarce resources

The use of scarce resources which are the subject of
an allocation by the Regulatory Authority, under
whatever form, requires obtaining a
license, authorization or the realization of a
declaration, except in cases where this code in
provides otherwise.

In the event of non-compliance with the provisions relating to
the allocation or use of these scarce resources,
these can be withdrawn by the Regulatory Authority
under the conditions provided for in Articles 239 et seq.
of this code.

In case of cancellation, withdrawal, abandonment,
expiration, or any other form of loss of
license or authorization or cancellation of a
declaration, the resources used within the framework of the
license, authorization or declaration are
automatically withdrawn. It is the same in case
prohibition to exercise a communications activity
electronic.

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CHAPTER II
RADIOELECTRIC FREQUENCIES

SECTION I
GENERAL PROVISIONS AND MANAGEMENT OF
SPECTRUM

Article 178 : Frequency spectrum management
radio

The radio frequency spectrum is
part of the public domain of the State.

The Regulatory Authority ensures, on behalf of
the State, management of the frequency spectrum
radioelectric.

It ensures that all users, regardless of
either the category considered, are encouraged or led, in
if necessary, to optimize the frequencies or
frequency bands they operate.

It manages the frequency spectrum
radio stations in ways that promote
flexibility while remaining in compliance with treaties and

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regional and international agreements ratified by the
Republic of Benin.

A decree taken by the Council of Ministers fixes the
conditions of use and management of frequencies
radio stations as well as fees and taxes.
reporting.

In application of this law, and in the event of
necessary, modifications are made to the
existing frequency assignments.

Article 179 : Frequencies subject to authorization
prior

The Regulatory Authority sets the cases in which
the use of frequencies or frequency bands
is subject to prior authorization
:

of use

- with regard to frequencies or bands of
frequencies the use of which is subject to
prior authorization, the Regulatory Authority
determines:
▪ the conditions for obtaining authorizations
use of frequencies;

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▪ the cases in which the authorization of use
frequencies or frequency bands is
subject to obtaining a license or
authorization or the making of a declaration;
▪ the technical conditions of use of
frequencies or frequency bands.
- with regard to frequencies or bands of
frequencies the use of which is not subject to
obtaining prior authorization, the Autorité de
precise regulation of the technical conditions
use of frequencies or bands
frequencies.
Article 180 : Fees, charges and taxes

Assignment and use of frequencies
may be subject to payment of
fees, charges and taxes in accordance with the
current regulations.

Article 181 : General rules for spectrum management
radio frequencies

General guidelines for the management of
radio frequency spectrum are defined by

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decree taken by the Council of Ministers on the proposal of
Minister responsible for electronic communications.

Article 182 : National spectrum coordination committee
radio frequencies
National coordination of the use of
spectrum is ensured by a National
coordination of the radio frequency spectrum.

The National Coordinating Committee is a body
consultative, made up of representatives of the main
government agencies in charge of spectrum management
as well as the main non-governmental parties
interested.

The composition, powers, organization and
the functioning of the Committee are set by decree taken in
Council of Ministers.

Article 183 : Non hoarding and optimal use
frequency resources

In application of the principle of non-hoarding
and optimal use of the frequency spectrum
radio stations, the Regulatory Authority may carry out
removal of any frequency that would not be operated by

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an operator within twelve (12) months following
its assignment, subject to the frequencies that are
necessary to cope with the foreseeable evolution of
activity in the next two (02) years.

Article 184 : National frequency plan

Frequency spectrum management
radio stations is the subject of a national
frequencies established by the Regulatory Authority and approved
by decree taken in the Council of Ministers on a proposal
of the Ministry in charge of communications
electronic.

The plan established by the Regulatory Authority is
conforms to the international frequency band plan
of the International Telecommunications Union.

The national band allocation plan
radio frequencies contains:

- the distribution of frequency bands
between the exclusive needs of the
national defense and public security of a
on the one hand and common needs on the other. By
common needs, the bands of

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frequencies that can be used for both
civil and national defense applications;
- the distribution of frequency bands
radio stations allocated to civilian needs on
different uses, respecting in particular
the needs for the operation of the
electronic communications open to the public.
Article 185 : Allocation of radio frequencies
specific

Radio frequency bands
allocated for the needs of national defense and
public security are managed exclusively by the
Ministers responsible for national defense and security
public. They can only be used for these
needs.

Article 186 : Lapse of frequency bands
specifically attributed to defense
national and public security

When there are no needs of the
Government in the frequency bands
specifically assigned to national defense and
public safety or when these needs are
negligible, said frequencies are allocated as

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temporary or permanent for civilian uses,
after provisional or definitive waiver by the
Government.

The waiver is made by decree taken in
Council of Ministers on the proposal of the Minister
responsible for electronic communications and
request from the Regulatory Authority.

Article 187 : Missions of the Regulatory Authority

In accordance with the provisions of Chapter IV of
Title II of this code, the Regulatory Authority:

- keeps all documents relating to
the use of frequencies, in particular the file
national frequency which summarizes the
frequency assignments. For this purpose, the set
administrations and authorities affected him
transmit the necessary data, in the
compliance with the provisions relating to the protection of
top secret ;
- coordinate the frequency assignments in the
shared bands and is informed of projects
assigning new frequencies in the
exclusive bands with exemption on which it
issues an opinion;
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- proceeds to the notification of national assignments
to the Union's international frequency register
International Telecommunications of which it is,
for this area, the single point of contact;
- performs the centralizing office functions provided for
by the Radio Regulations of
the International Telecommunications Union;
- is responsible for international coordination
frequencies at the borders and that of
satellite telecommunications systems;
- organize and coordinate the control of the use of
frequencies, without prejudice to the skills of
specific controls carried out by the administrations
and affected authorities. She is seized by these
recent or by third parties of interference,
that it investigates and sends its investigation report to
administration
or
at
the assigning authority
concerned;
- provides for the measures arising from the law on
organizing national defense and helping them
Implementation ;
- Advises the Minister in charge of communications
electronic if necessary.

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Article 188 : Conditions to be respected by the stations
radio stations concerned

The establishment
and
exploitation
facility or radio station allocated to
civilian needs in order to ensure either the emission or the
both the transmission and reception of information and
matches require:

of a

- assignment of one or more frequencies
radio stations by the Regulatory Authority except for
frequencies which are not subject to
prior authorization for use in accordance with
the provisions of article 179 of this code;
- obtaining a site authorization,
transfer or modification of stations
radio stations provided for in article 189 of this
code to the Regulatory Authority;
- compliance with the conditions linked to the authorization and
especially
those
in
matter
requirements
essentials determined by the Regulatory Authority;
of
emissions
- exclusion
radio interference likely to disturb
other services, networks, facilities and stations
radioelectric.

of

signals

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Transmitting radio stations do not
must be the cause of no discomfort for the posts
neighboring receivers.

Article 189 : Establishment, transfer and modification of
radio stations

In order to ensure optimal use of the sites
available to achieve the best
compatibility
electromagnetic
overall,
implantation, transfer or modification decisions
radio stations, with the exception of those of
companies operating installations intended
exclusively for radio or television
wireless, are taken after obtaining the assent of the Authority
regulation.

the

The agreement of the Regulatory Authority is
mandatory in all other cases of civilian use and
common with the exception of the exceptions specified in
an implementing decree.

Article 190 : Exemption from authorization

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The authorizations provided for in
article 188 above:

- stations exclusively composed of devices of
low power and short range whose
categories and technical operating conditions
are determined by regulation;
- stations temporarily installed in the Republic
from Benin belonging to specific categories
by regulation.
Article 191 : Control by the Regulatory Authority

The Regulatory Authority exercises control
permanent on technical and operating conditions
public and private radio stations of
all categories.

To this end, its representatives may, each
once the circumstances so require and after having informed
the High Authority for Audiovisual and Communication
(HAAC) for exercise authorizations
issued by it, enter the transmitting stations.

Article 192 : Interference

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In the event of interference caused by stations
radio transmissions, the Regulatory Authority
prescribes any technical provision to remedy it.

Article 193 : Radio easements

The Regulatory Authority is consulted on all
radioelectric easement projects under the conditions
provided for in this code. It constitutes, keeps up to date
and publishes documentation relating to easements
established in this area under the various
Ministries.

In conjunction with services and organizations
competent, it establishes and publishes the documents,
directories and files relating to the installations
radio stations and grouping areas
radio installations.

Article 194 : Rules and standards for the proper use of
radio systems

The Regulatory Authority sets the rules for
electromagnetic compatibility, spectrum engineering
radio frequencies and standards specific to
ensure proper use of systems
radioelectric.

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Article 195 : Relations between the Regulatory Authority and
affected authorities

The Regulatory Authority, at the request of
administrations and affected authorities,
agreements concluded with them: within the framework of:

- ensures all or part of the management of their
frequencies and their assignments;
- examines authorization requests;
- issue the administrative documents resulting from
these authorizations;
- carry out the necessary checks.
Its accounts make it possible to determine and monitor the
cost of performing each agreement.

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SECTION II
SERVITUDES

SUBSECTION I
CENTER PROTECTION SERVITUDES
TRANSMISSION AND RECEPTION RADIOELECTRICS
AGAINST OBSTACLES

Article 196 : Administrative easements to protect the
propagation of radio waves

For general interest purposes, it may be instituted
administrative easements to protect the
propagation of radio waves against
occultation.

Article 197 : Consequences of easements

When easements lead to the removal
or the modification of a building, it is carried out, failing this
by mutual agreement, to expropriation for reasons of utility
public, in accordance with the legislation in force.

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SUBSECTION II
CENTER PROTECTION SERVITUDES
RADIOELECTRIC RECEPTION AGAINST
ELECTROMAGNETIC INTERRUPTIONS

Article 198 : Administrative easements due to
disturbances
electromagnetic

In order to ensure the proper functioning of
radio receptions carried out in any center
operated or controlled for general interest purposes, it is
instituted administrative easements due to
electromagnetic disturbances.

Article 199 : Prescriptions for the cessation of
disturbances

Any owner or user of an installation
radio, even if located outside
easements, producing or propagating disturbances
hindering the operation of a reception center
public or private radio station, is required to comply
to the provisions prescribed to it, in order to
cease said disturbances. It is particularly suitable for
requested investigations and carry out modifications

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indicated in order to keep the installations in good condition
Operating.

When owners or users do not
do not themselves make the modifications that
are prescribed, it is done ex officio at their expense and
risks.

SUBSECTION III
CABLE PROTECTION SERVITUDES
AND LINES OF COMMUNICATIONS NETWORKS
ELECTRONICS DUE TO OBSTACLES OR
OF WORK EXECUTION

Article 200 : Easements for the protection of cables and
lines of said networks

To
to ensure
the
conservation
normal operation of communications networks
electronic, easements may be instituted for the
protection of cables and lines of said networks.

and

the

Article 201 : Compensation

The easements referred to in the previous article
give right to compensation if this results in a

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pity. The amount of compensation, failing
amicable settlement, is set by the court
competent.

Under penalty of foreclosure, the request
of compensation reaches the beneficiary of the easements
within two (02) years from the date of
notification to interested parties of the constraints of which they are
the object.

CHAPTER III
NUMBERING AND NAMES OF
AREAS

SECTION I
OF THE MANAGEMENT OF THE NATIONAL
NUMBERING AND ADDRESSING

Article 202 : Competences of the Regulatory Authority

The establishment
of
plan
numbering and addressing, mastery of assignment
of all national numbering resources and
addressing as well as the management of the national
numbering and addressing are the responsibility of
the Regulatory Authority.

national

of

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The Regulatory Authority may impose on
operators the portability of fixed and mobile numbers.
The methods of implementing the portability of
numbers are defined by the Regulatory Authority.

Article 203 : National numbering plan

The Regulatory Authority ensures that
numbers, addresses and series of numbers and
of adequate addresses are provided in the national plan
numbering, for all
publicly available electronic communications.

The main elements defined in paragraph
precedent of this article are public and published on the
website of the Regulatory Authority.

However, the numbering capacity intended for
for purposes of national defense and public security is
not made public.

Article 204 : Award procedure

The procedure for allocating the capacity of
numbering and addressing takes place in accordance
with the provisions of article 7 of this code. It is

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even the principles of its reservation and its withdrawal
possible.

Article 205 : No hoarding and optimal use
numbering resources

In application of the principle of non-hoarding
and optimal use of numbering resources,
the Regulatory Authority may withdraw any
numbering resource that would not be exploited by
an operator within twelve (12) months following
his assignment, subject to the resources available to him
necessary to cope with the foreseeable evolution of
activity in the next twelve (12) months.

Article 206 : Allocation by the Regulatory Authority

The addresses, numbers and blocks of
numbers cannot become the property of applicants
or end users. They are allocated by the Authority
regulation.

The period of validity corresponds to the duration
operating the service or application.

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Article 207 : Plan management rules and procedures
national
of
numbering
addressing

A decree from the Minister responsible for
electronic communications specifies the procedures for
management of the national numbering and addressing plan.
In particular, it defines the rules and procedures relating to
at the following points:

- the reservation of numbering capacity and
addressing;
- the allocation of numbering capacity and
addressing;
- the provision of a third-party operator of a
numbering and addressing capability;
- the transfer of numbering capacity and
addressing;
- the amount and terms of payment of the costs,
rights and royalties.
Article 208 : Fees, charges and taxes

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The allocation and use of resources in
numbering may be subject to payment of
fees, charges and taxes in accordance with the
current regulations.

SECTION II
DOMAIN NAMES

Article 209 : Competence of the Regulatory Authority

Control of domain names,
assignment of all national resources
addressing as well as the management of the national plan
addressing are the responsibility of the
regulation.

Article 210 : Role of the Register

The allocation and management of domain names
attached to each top-level domain of the
Internet domain addressing system
corresponding to the country codes of the national territory ".bj
»Or part of it are centralized by a
single body called "Register".

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The Register draws up an annual report
activity that it submits to the Regulatory Authority.

Article 211 : Rules for the management of domain names

Domain names are assigned and managed
in the general interest according to rules not
discriminatory and transparent, guaranteeing respect
freedom of communication, freedom
entrepreneurship and intellectual property rights.

Domain names are assigned for a
limited and renewable duration.

Registration of domain names
is carried out on the basis of the declarations made by the
applicant and under his responsibility.

The Regulatory Authority specifies the rules of
domain name management.

TITLE IV
EQUIPMENT

Article 212 : Approval of terminal equipment
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Terminal equipment intended to be
connected to an electronic communications network
are subject to approval by the Regulatory Authority.

Article 213 : Approval of equipment and installations
radio

No radio equipment used for
emission, reception or emission and reception
signals and correspondences cannot be fabricated,
imported or marketed for use in
Republic of Benin if it has not been approved by
the Regulatory Authority. This provision does not apply
not at experimental stations intended for testing
of a technical or pedagogical nature and to studies
scientists relating to radioelectricity.

An approved device can only be modified
the agreement of the Regulatory Authority.

The agents of the Regulatory Authority duly
authorities can carry out any verification in order to
ensure that devices owned by manufacturers,
importers, traders, users are
approved and in accordance with the regulations in force.

Article 214 : Approval procedure

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The Regulatory Authority determines the procedure
approval of equipment and laboratories
national and international as well as the conditions of
recognition of standards and technical specifications.

Article 215 : Value of the authorization

The approval attests that the equipment which is
the object meets the essential requirements.

It is equivalent to authorization to connect to a network of
electronic communications.

Once assigned for an equipment model
terminals, the approval is valid for any unit of the
corresponding model.

Article 216 : Requests for approvals

Requests for approvals are submitted to
the Regulatory Authority, which has a period of sixty
(60) days from the date of filing, attested by a
acknowledgment of receipt of the request, to make known
her decision.

Article 217 : Royalty

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Approval is the subject of a reasoned decision.
Its granting is subject to the payment of a royalty.
for the benefit of the Regulatory Authority, intended to cover the
costs of issuance, management and monitoring
of this approval.

The amount of this fee is set by decree
taken in the Council of Ministers on the proposal of the Ministry
in charge of electronic communications.

Article 218 : Refusal of approval

Approval can only be refused in the event of noncompliance with essential requirements and / or standards
and technical specifications recognized in the Republic of
Benign. The refusal of approval must be justified.

In case of dispute, the opinion of a laboratory
approved is required.

Article 219 : Prohibitions

Terminal equipment subject to approval
cannot be manufactured for the domestic market, nor be
imported for home use or held in
view of the sale, nor be distributed free of charge or against payment,

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nor be connected to a network open to the public or
advertised only if they have been subject to this approval
and remain in compliance with it at all times.

TITLE V
SETTLEMENT OF DISPUTES

CHAPTER I
ARCEP SKILLS

Article 220 : Parties authorized to seize the Authority
regulation

The Regulatory Authority may be seized of a
request for dispute resolution by:

- operators holding a license or
authorization or subject to the declaration regime in
Republic of Benin ;
- operators of alternative infrastructures;
- non-national operators.

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The Regulatory Authority can also be
entering a dispute resolution request by a
other competent regulatory authority in a state
member of UEMOA or ECOWAS, in accordance with
provisions of article 222 of this code.

Article 221 : Disputes falling within the jurisdiction of
the Regulatory Authority

1- The Regulatory Authority may be seized of a dispute
relating to:

- the technical and financial conditions of
the interconnection and access provided for in Articles 63
and following of this code, including the sharing
infrastructure and specific forms of access
and interconnection;
- reciprocal technical and financial conditions
provision of dark fiber and
national and international traffic routing;
- the technical and financial conditions of the

and

unbundling of the local loop and the sub-loop
local provided for in article 73 of this code;

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- the technical and financial conditions of access
the capacities on the submarine cables provided for
article 77 of this code;
- the technical and financial conditions of the sharing
infrastructure provided for in article 72 of this code, including
including sharing of essential infrastructure not
replicable provided for in Articles 82 and following of
this code;
- the technical and financial conditions of
national and international roaming provided for in
articles 74 and 75 of this code;
- the technical and financial conditions of access
from virtual mobile operators to the network and
infrastructure
of
operators
radiocommunication provided for in article 76 of this
coded ;
- the possibilities and technical conditions and
financial
of
access
to the
alternatives, including the shared use of
civil engineering infrastructures, and in particular:

of

infrastructure

▪ the possibilities and technical conditions and
financial access to facilities
existing ones located on, below or above
in the public domain;

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▪ the possibilities and technical conditions and
financial access to facilities
existing ones located on, below or above
private property;
▪ the possibilities and technical conditions and
financial support for granting, exercising or refusing
easements and occupancy rights on the
public domain or easements and rights of
passage on private property provided for in
articles 86 and following of this code;
- the exercise of exclusive rights by a
operator.
2- The Regulatory Authority can also be contacted
a dispute relating to the interpretation, execution or
the violation :

- legal or regulatory provisions
applicable in the communications sector
electronic, including license terms,
authorizations, specifications or even
applicable operating agreements;
- of

terms
interconnection;

of

catalogs

access

or

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- access or interconnection agreements, including
including those relating to particular shapes
access and interconnection such as unbundling
of the local loop and of the local sub-loop, the access
to capacities on submarine cables, sharing
infrastructure,
the
sharing
infrastructure
essential non-replicable, national roaming and
international, mobile operator access
virtual networks and infrastructure
radiocommunication operators, access to
alternative infrastructures or even
agreements for the occupation of the public domain and
right of way and easement on properties
private;
- the conciliation report mentioned in article
225 of this code.
3-

Any contractual clause which, directly or
indirectly, tends to exclude or restrict the
territorial and material competence of the Authority
regulation is null and of no effect.

Article 222 : Dispute with a non-national operator

The Regulatory Authority may be referred to a
dispute between a national operator and a non
national, by either party.

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Where applicable, the Regulatory Authority is required to
inform the competent regulatory authorities of the or
other member states of UEMOA or ECOWAS,
to coordinate its efforts with them and
communicate the information necessary for
dispute resolution. The Regulatory Authority ensures the
confidentiality of information sent and received which
fall under business secrecy.

In the absence of a reaction from the authorities of
regulation of the other WAEMU member state (s)
or ECOWAS or coordination between these authorities,
the Regulatory Authority refers the matter to the UEMOA Commission
or ECOWAS and send a copy of the referral to
the other party and the competent regulatory authorities
other member states of UEMOA or ECOWAS.

If, at the end of a period of twelve (12) months following
referral to the Regulatory Authority, no decision
allowing the resolution of the dispute has been adopted, the
the most diligent party may itself seize the
UEMOA or ECOWAS Commission. In that case,
it sends a copy of the referral to the other party and to the
competent regulatory authorities of other states
members of UEMOA or ECOWAS.

Article 223 : Referral to the Regulatory Authority by a
other regulatory authority

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When it is seized or informed by a
competent regulatory authority of another state
member of UEMOA or ECOWAS within the framework of a
dispute between a national operator and a non
national, the Regulatory Authority must coordinate its
efforts with her and communicate the information to her
necessary for the resolution of the dispute. The Authority
regulation must ensure the confidentiality of information
sent and received which are business secrecy.

In addition, when it receives a request for
dispute resolution by a regulatory authority
competent authority of another WAEMU member state or of the
ECOWAS in accordance with the provisions of article 220
of this code, the Regulatory Authority may adopt a
dispute resolution decision with respect to one or
several national operators in accordance with
provisions provided for in Articles 221 et seq.
which concerns disputes between national operators,
which apply mutatis mutandis.

CHAPTER II
PROCEDURES BEFORE THE AUTHORITY OF
REGULATION

Article 224 : Types of proceedings

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The parties may decide to refer the matter to the Authority
regulation of any dispute falling within its competence
at the request of either party, the Authority
regulation may open a conciliation procedure, of which
the objective is to reach an amicable solution which will
the subject of a conciliation report.

If the conciliation procedure fails, or
in the event of non-compliance by part of the terms of the
minutes of conciliation, either party may
refer a regulatory procedure to the Regulatory Authority
dispute resolution.

Article 225 : The conciliation procedure

The conciliation procedure ends:

- by drawing up a conciliation report
signed without reservation by all parties and the Authority
regulation. In this case, the minutes signed at
enforceable and cannot be called into question by the
parties;
- by the failure of conciliation within a period of
sixty (60) days following the referral to the Authority
regulation if no conciliation report
has been signed without reservation by all parties and
the Regulatory Authority.
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The rules and procedures applicable to
conciliation procedure are specified by decree issued
in the Council of Ministers.

Article 226 : Communication of documents and
information

As part of a settlement procedure
dispute, the Regulatory Authority may require the parties
that they provide any useful information or document
to the resolution of the dispute.

Where appropriate, the Regulatory Authority may
give notice to the parties concerned to provide
any information or document useful for resolving the
dispute.

Article 227 : Technical, economic and
legal

The Regulatory Authority may carry out
consultations or call on technical expertise,
economic or legal. In this case, it ensures the
respect for the confidentiality of the procedure and
information and documents communicated by the parties.

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The costs incurred by these consultations and
expertise may be charged to the party
loser, unless the specific circumstances of the
dispute justify their being charged to a
other party or shared between the parties.

Article 228 : Time limit for settling disputes

The dispute resolution process should
lead to a decision of the Regulatory Authority in
ninety (90) days. However, this delay
can be extended to six (06) months when it is necessary to
carry out investigations and expertise
complementary.

The Regulatory Authority can:

- put the parties on notice to comply with
any applicable legal or regulatory provision
or to comply with any obligation to which they are
outfits;
- issue injunctions to do or not to do;
- pronounce measures under penalty.

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The Regulatory Authority may, at the request of the
party seizing it, decide that its decision will take effect
at a date prior to its referral, without however
this date may be earlier than the date on which the
protest was formally raised by one of the
parties for the first time and, in any event,
without this date being more than two years earlier than
its referral.

The rules and procedures applicable to
dispute settlement procedure are specified by
decree.

Article 229 : Conservatory measures

In the event of a serious and immediate breach of the rules
governing the electronic communications sector,
the Regulatory Authority may, after hearing the
parties involved, order provisional measures
in particular with a view to ensuring the continuity of
network operation.

These measures must remain strictly limited to
what is needed to deal with the emergency.

The rules and procedures applicable to
protective measures are specified by decree.

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Article 230 : Principles applicable to the procedure

The Regulatory Authority implements
transparent and non-discriminatory procedures for
settle the disputes submitted to it.

Thus, the Regulatory Authority must:

- respect the principle of adversarial proceedings and the rights of
defense by putting the parties in a position to
submit their written or oral observations.
The Authority
of
regulation
can
refuse
communication of documents implicating secrecy
Business. These documents are then withdrawn from the file.
;
- carry out technical consultations,
economic or legal, or have recourse to
expertises respecting the confidentiality of the
dispute under the conditions provided for by the
internal regulations of the Regulatory Authority. The
costs generated by these consultations and expertise
are charged to the losing party, unless the
particular circumstances of the dispute justify
whether they are charged to another party or
shared between the parties;

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- render duly reasoned decisions, in particular
by specifying the fair conditions, of order
technical and financial in which the obligations
involved must be implemented;
- make its decisions public, in particular on its
website, and notify the parties in the
conditions provided for by its internal regulations under
reserves information, data and facts whose
dissemination is protected or restricted by law;
- communicate, if necessary, its decisions to the
ECOWAS and UEMOA Commission.
The parties have the right to be assisted or
represented in these proceedings by lawyers.

Article 231 : Opinion of the High Authority for Audiovisual and
of Communication

When the facts giving rise to the dispute are
likely to significantly restrict the supply of
audiovisual communication services, the French
regulation collects the opinion of the High Authority of
Audiovisual and Communication (HAAC) which is
pronounces within a maximum period of thirty (30) days.

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CHAPTER III
APPEAL AGAINST DECISIONS OF THE AUTHORITY
REGULATION

Article 232 : Application of decisions and appeals against
the decisions of the Regulatory Authority

The application of the decisions of the Authority
regulations adopted in application of this Title
is binding on the parties notwithstanding any recourse.

Decisions taken by the Regulatory Authority
within the framework of this Title may be subject to
appeal to the administrative chamber of the Court
Supreme within thirty (30) days.

Article 233 : Rules applicable to appeals

The right to appeal against any decision of
Authority granted in matters of dispute settlement
is exercised within thirty (30) days of
notification or publication of the decision.

This period is ten (10) days for measurements
conservatories.

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The remedies exercised are not suspensive.
However, the administrative chamber of the Supreme Court
may order a stay of execution when the decision
involved is likely to have consequences
manifestly excessive or irreversible or when
arose, after the decision, of the facts
news of exceptional gravity.

The administrative chamber of the Supreme Court
rule on the appeal for annulment or reformation
against precautionary measures in accordance with
emergency procedures that are applicable before it in
administrative matters.

Appeals against decisions rendered on the
lis pendens are formed and judged as in matters
exception of incompetence.

TITLE VI
COMPLAINTS FROM USERS OF SERVICES
OF ELECTRONIC COMMUNICATIONS

Article 234 : Competence of the Regulatory Authority in
user complaints

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The Regulatory Authority is responsible for
receive complaints from users of
electronic communications and associations
bringing together users of
electronic communications.

Associations bringing together users of
electronic communications services cannot
intervene only on the basis of mandates entrusted by
users of
communications services
electronic.

To be admissible, complaints must relate
on the provision of communications services
electronic data, the violation by the operator concerned of
legal or regulatory provisions in force or
obligations applicable to it, including those of
articles 12 to 18 of this code or must relate to the
well-founded
of a
clause
judged
abusive or
anticompetitive or must relate to the results
studies illustrating abuses in the provision of
the operator concerned.

Users or associations bringing together
users of communications services
electronic duly authorized by them must have
exhausted the means and channels of complaints put in place

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by the operator concerned in accordance with the provisions
of article 28 of this code.

The Regulatory Authority must ensure the
confidentiality of information received.

Article 235 : Powers of the Regulatory Authority

The Regulatory Authority is responsible for
carry out investigations relating to the complaints it receives
in application of this Title.

It may require the operators concerned to
are explained in writing and orally and that they provide
any information needed to resolve complaints
received.

Where applicable, the Regulatory Authority may:

- give notice to the operators concerned about it
provide useful information for the resolution of
complaints received;
- give notice to the operators concerned to
comply with any legal or regulatory obligation
applicable;

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- give notice to the operators concerned of
repair any damage suffered by users of
electronic communications services, whether
determines;
- require the operators concerned to implement
take corrective action, including
including changes to contracts concluded with
the users.
The Regulatory Authority must ensure the
confidentiality of information sent and received which
fall under business secrecy.

Article 236 : Opening of sanction proceedings

Based on the information collected in the
framework for handling complaints it receives, the Autorité
regulation may decide to initiate a
sanction in accordance with the provisions of Articles 239
and 240 of this code.

Article 237 : Terms of referral and procedure
complaint handling

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The Regulatory Authority sets up the means
materials and humans necessary for the treatment of these
complaints.

A precise decision of the Regulatory Authority
the terms of referral and the procedure for processing
complaints received in application of this Title.

Article 238 : Application of decisions of the Authority
regulation and recourse

Decisions rendered by the Regulatory Authority
in application of this Title are binding on the parties
notwithstanding any recourse.

Decisions taken by the Regulatory Authority
within the framework of this Title may be subject to
appeal to the administrative chamber of the Court
Supreme under the conditions provided for in article 232 of
this code, which is applicable mutatis mutandis.

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TITLE VII
MEASURES AND SANCTIONS

CHAPTER I
ADMINISTRATIVE MEASURES AND SANCTIONS

Article 239 : Administrative sanctions against
licensed operators or
authorization

When a licensed operator or
of an authorization does not comply with the obligations
prescribed by laws and regulations
applicable including those of Articles 12 to 18 of
this code, the decisions of the Regulatory Authority and
the conditions fixed in its license, its authorization,
its specifications or operating agreement,
the Regulatory Authority gives him formal notice to:

- repair the damage caused;
- comply with its obligations.
If the licensed operator or
the authorization does not comply with the formal notice
addressed to it, the Regulatory Authority pronounces,

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against and against him, by a reasoned decision and
depending on the seriousness of the breach, a penalty of which
amount ranges from zero point one percent (0.1%) to four
percent (4%) of its consolidated sales from
last accounting year.

In the event of a repeat offense, the amount of the penalty is

the

doubled.

If the violation noted and notified persists, or
serious or repeated failure of an operator
holder of a license or authorization to an obligation
essential, the Regulatory Authority pronounces, by a
reasoned decision, the partial or total suspension of
license or authorization, reduction of the duration or
withdrawal of license or authorization.

The license is withdrawn on demand
reasoned by the Regulatory Authority by decree taken in
Council of Ministers, on a reasoned proposal from
the Regulatory Authority.

The operator may also be prohibited from exercising
an electronic communications activity in
Republic of Benin.

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Article 240 : Administrative sanctions against
operators subject to the
declaration

When an operator subject to the
declaration does not comply with the obligations prescribed by
legislative and regulatory texts, including those
Articles 12 to 18 of this code or the decisions of
the Regulatory Authority, the latter gives notice to
conform.

If the operator subject to the declaration regime
cited in the previous paragraph does not comply with the
remains addressed to it, the Regulatory Authority
pronounces, against and against him, by a decision
justified, a penalty ranging from two million (2,000,000)
to five million (5,000,000)
CFA francs.

In the event of a repeat offense, the amount of the penalty is
raised to double the ceiling.

If the violation noted and notified persists,
the Regulatory Authority pronounces, by a decision
reasoned, either the suspension of the declaration, or its
final withdrawal.

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The communications service operator
electronic devices may, moreover, be prohibited from exercising a
electronic communications activity in the Republic
from Benin.

Article 241 : Sanction procedure

The rules applicable to the
sanction described in articles 239 and 240 of this code
are specified by decree taken in the Council of Ministers
as well as in the internal regulations adopted by the Authority
regulation.

Article 242 : Appeal against decisions of the Authority
regulation

Decisions rendered by the Regulatory Authority
in application of articles 239 and 240 of this code
may be the subject of an appeal before the Chamber
administration of the Supreme Court within thirty
(30) days following their notification to the interested parties.

CHAPTER II
CRIMINAL MEASURES AND SANCTIONS

Article 243 : Referral to the public prosecutor
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The President of the Regulatory Authority refers
public prosecutor of the facts which are likely
to receive a criminal qualification.

Article 244 : Secrecy of correspondence

Anyone authorized to participate in the implementation
operation of an electronic communications service or
radio and which violates the secret of a
correspondence or who, without the permission of
the sender or recipient, discloses, publishes or uses
the content of said correspondence is punished with a
imprisonment of six (06) months to two (02) years
and a fine of ten million (10,000,000) to fifty
million (50,000,000) CFA francs.

Article 245 : Direct prospecting

Is punished by imprisonment of six (06) months to
twelve (12) months and a fine of five hundred thousand (500
000) CFA francs to two million (2,000,000) CFA francs
or one of these two penalties only, without prejudice
damages, anyone who makes
direct prospecting by means of a call machine,
a fax machine or e-mail using,
in any form whatsoever, the coordinates of a
natural person who has not expressed his
prior consent to receive such prospecting.

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Article 246 : Fraudulent use of a network of
open electronic communications
to the public fraudulently connected to
a private line

Anyone who fraudulently uses
personal or not, a network of
electronic communications open to the public or
fraudulently connects, by any means, on a line
private, is punished by imprisonment from one (01) year to five
(05) years and a fine of one million (1,000,000) to ten
million (10,000,000) CFA francs or one of these
two sentences only.

Article 247
fraudulently

: Use of services obtained

Anyone who knowingly uses
services obtained by means of the offense referred to in article
previous is punished with imprisonment of six (06)
months to twenty-four (24) months and a fine of two
million (2,000,000) to five million (5,000,000) francs
DWI or one of these two penalties only.

Article 248 : Concealment of incoming international traffic
or outgoing

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Is punished by imprisonment of three (03) years to
five (05) years and a fine of five hundred million (500
000,000) to eight hundred million (800,000,000) CFA francs
or one of these two penalties only, whoever
conceals, or participates, in one form or another, in the
concealment of incoming or outgoing international traffic by
national traffic.

Article 249
matches

: Signal transmission or

Any
person
who
transmits,
completion of the formalities required for signals or

without

connections from one place to another, either using
electronic communications devices either by
any other means provided for by this code, is punished by a
imprisonment from three (03) months to twelve (12) months and
a fine of five hundred thousand (500,000) CFA francs to
two million (2,000,000) CFA francs or one of these
two sentences only.

The court may, at the request of the Authority
regulation, order the confiscation of facilities,
devices or means of transmission and / or their
destruction at the expense of the offender.

Article 250 : False or false distress signals or calls
deceptive

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Anyone who knowingly transmits or puts
in circulation, by radio, signals or
false or deceptive distress calls, is punished with a
imprisonment from three (03) months to twelve (12) months and
a fine of five hundred thousand (500,000) CFA francs to
two million (2,000,000) CFA francs or one of these
two sentences only.

Article 251 : Radio transmissions prohibited

Anyone who transmits
radio stations by knowingly using a call sign
call from the international series assigned to a
the State or that of its branches or to a station
private authorized, is punishable by imprisonment of
ninety (90) days to twelve (12) months and one
a fine of five hundred thousand (500,000) CFA francs to two
million (2,000,000) CFA francs or one of these two
penalties only.

Article 252 : Voluntary interruption of communications
electronic

Whoever, by any means, willfully causes
and without right the interruption of communications

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electronic, is punished by imprisonment of one (01) year
at three (03) years and a fine of two million (2,000
000) to five million (5,000,000) CFA francs or one
of these two penalties only without prejudice to the
damages and interests.

Article 253 : Voluntary interruption of communications
electronic by an operator

Any operator who voluntarily causes
the interruption of electronic communications is punishable
a fine of ten million (10,000,000) to fifty
million (50,000,000) CFA francs, without prejudice to
penalties provided for in article 252 of this code,
applicable to its directors.

Article 254 : Unintentional interruption of communications
electronic

Anyone who, without intention of interrupting
electronic communications, committed by
clumsiness or inattention an act that interrupted
said communications, is punishable by a fine of
one hundred thousand (100,000) to five hundred thousand (500,000) francs
CFA.

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Any network operator or operator of
electronic communications services open to
public who, through clumsiness or inattention, commits an act
having interrupted said communications, is punished
a fine of five million (5,000,000) to twenty-five
million (25,000,000) CFA francs.

Article 255 : Voluntary termination or deterioration of
submarine cables

Anyone in territorial waters or on the
continental shelf contiguous to the territory of the Republic
from Benin, voluntarily breaks a submarine cable,
cause or attempt to cause damage to it of a nature
to interrupt all or part of communications
electronic, is punished by imprisonment of five (05)
years to ten (10) years and a fine of one hundred million (100
000,000) to five hundred million (500,000,000) CFA francs
without prejudice to damages.

Article 256 : Involuntary termination or deterioration of
submarine cables without declaration

Anyone in the sea areas referred to in
the previous article, breaks through clumsiness, imprudence,
negligence or non-observance of regulations, a cable
submarine or causes deterioration of a nature to
interrupt all or part of communications

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electronic and fails to report it in the
twelve (12) hours to the competent authorities, is punished
imprisonment from one (01) month to twelve (12) months
and a fine of fifty million (50,000,000) to
two hundred and fifty million (250,000,000) CFA francs
or only one of these two penalties.

Article 257 : Unintentional rupture or deterioration of
submarine cables with declaration

Anyone in the sea areas referred to in
article 255, breaks through clumsiness, imprudence,
negligence or non-observance of regulations, a cable
submarine or causes deterioration such as to
interrupt all or part of communications
electronic and declares it within twelve (12)
hours to the competent authorities, is punishable by a fine
from twenty million (20,000,000) to fifty million (50
000,000) CFA francs.

Article 258 : Exercise of a communications activity
unlicensed electronics

Is punished by imprisonment from one (01) year to five
(05) years and a fine of fifty million (50,000
000) to one hundred million (100,000,000) CFA francs or
one of these two penalties only, whoever establishes or
establish a network or provide or cause to be provided a service

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without the license provided for in article 46 of this code or the
maintenance in violation of a decision to suspend or
withdrawal.

Article 259 : Use of numbers or frequencies
without authorization

Is punished by imprisonment of six (06) months to
twenty-four (24) months and a fine of ten million
(10,000,000) to fifty million (50,000,000) francs
DWI or one of these two penalties only, anyone
uses a block of numbers without authorization or a
frequency that has not been previously assigned to it by
the Regulatory Authority, subject to assignments by
frequencies reserved for public safety and
National Defense.

Article 260 : Exercise of a communications activity
electronic without authorization

Is punished by imprisonment of six (06) months to
twelve (12) months and a fine of five million (5,000
000) to ten million (10,000,000) CFA francs or one
of these two penalties only, whoever establishes or makes
establish a network or provide or cause to be provided a service without
the authorization provided for in article 52 of this code or the
maintains in violation of a decision to suspend or
withdrawal of this authorization.

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Article 261 : Exercise of activities without declaration

Is punished by imprisonment of one (01) month to
six (06) months and a fine of one hundred thousand (100,000) to
five hundred thousand (500,000) CFA francs or one of these
two sentences only, whoever, without having carried out the
declaration provided for in article 55 of this code,
accepted by the Regulatory Authority, carries out an activity
subject to the completion of a declaration.

Article 262 : Non-compliance with the provisions relating to
approvals and information from
the Regulatory Authority

Is punished with a fine of five million (5,000
000) to ten million (10,000,000) CFA francs, anyone
:

- manufactures or has manufactured for the internal market,
imports or holds for sale or
distribution for payment or free, puts on sale
terminal equipment without obtaining
approvals provided for in Articles 212 and 213 of this
codes or connects them to a network of
electronic communications without prejudice to
application of the customs code;

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- advertises the sale of
terminal equipment that has not obtained the
approvals provided for in Articles 212 and 213 of this
coded ;
- refrains from informing the Regulatory Authority of
changes to the stated information
in a request for authorization or in a
declaration;
- communicates false information to the Authority
regulation in an authorization request or in
A declaration.
Article 263 : Non-compliance with the provisions relating to
easements

Violations of the provisions relating to
easements referred to in Title VI are punishable by a fine
from one hundred thousand (100,000) CFA francs to one million (1,000,000)
of CFA francs.

In the event of a repeat offense, the penalties provided for in this
article are doubled.

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Article 264 : Confidentiality of communications, access
open to the internet, transparency and
communication of information

Any violation of the provisions of
articles 12, 13, 17 and 18 of this code, is punished with
fine in the amount of two million (2,000,000)
CFA francs.

Article 265 : Compensation for damage caused

Anyone who causes damage to a
electronic communications infrastructure in
bears, in addition to the repair costs, the damage
interest and fines provided for by the penal code in
matter, without prejudice to damages and interest
third parties.

Damages suffered by natural persons
or legal consequences resulting from the offenses referred to in
Articles 244 to 265 of this code give rise to the right to
repair.

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BOOK SECOND
ELECTRONIC TOOLS AND WRITINGS

TITLE I
OF ELECTRONIC WRITING

Article 266 : Validity of electronic writing

Subject to legal provisions
specific legal acts in electronic form
have the same value as legal acts in the form
non-electronic.

Subject to legal provisions
particular, when a writing is required for the validity of a
legal act, it can be drawn up and kept in the form
electronic provided that it can be duly
identified the person who established it and that its integrity be
guarantee.

When a writing is subject to conditions
particular legibility or presentation, the written
electronics must meet equivalent requirements.

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The validity, effects and enforceability of a
legal act in electronic form cannot be
disputed due to the electronic form of the act.

No one can be forced to do something
legal by electronic means.

Article 267 : Exceptions to the validity of writings
electronic

Some acts cannot take the form
electronic documents, in particular:

1.private deeds relating to sureties
personal or real, of a civil nature or
commercial, unless they have gone through a
nobody for the needs of his profession;
2.private deeds relating to the law of the
family or inheritance law;
3.all other acts for which the law requires
written in paper format or any other
format other than electronic format.
Article 268 : Electronic evidence

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Evidence in electronic form has the same
probative force and is admitted in the same way as the proof
in non-electronic form, provided that
be identified the person from whom it emanates, and that it is
established and kept under conditions which
guarantee integrity and sustainability.

Article 269 : Conservation of electronic content

When there is a legal obligation to
keep documents, records or
information, their storage in electronic form
meets the following requirements:

1. documents, records, contents or
electronic information stored is
stored in such a way as to be accessible and
available for consultation later;
2. documents, records, contents or
stored electronic information remains
in the format in which they were generated, sent or
received, or are in a format
ensuring the integrity and accuracy of
information generated, sent or received;
3. documents, records, contents or
electronic information is kept under

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a format to identify, where applicable,
their origin and destination as well as the date
and time they were generated, sent
and received for the first time, as well as those
which they were kept for the first time
times.
Article 270 : Original electronic version

Any communication, message, document and
other electronic content meets the obligations
legal to present or retain the information they
contain in their original form, provided that:

1- integrity and accuracy of information
generated are guaranteed and maintained
reliably;
2- it is possible to accurately reproduce
all the information as it is
been generated for the first time.
The integrity requirement referred to in this article is
satisfied as long as the information has remained
complete and unchanged, with the exception of minor additions
linked to the transport or storage of these
information.

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Article 271 : Electronic copy

The copy or reproduction of an act in the form
electronic has the same value and probative force as the document
itself, provided that the copy or reproduction has
retained the integrity of the original electronic document.

The proof of this integrity can be brought to the
by means of a certificate of conformity issued by a
trust service provider responding to
requirements provided for in Book III of this code.

Article 272 : Certified electronic copy

When the law requires or authorizes a person to
provide a document and that this document only exists
in electronic form, this person provides a
certified paper printing of the document under
electronic form.

This certification is provided by the person who
is legally bound to keep the document, or by
any other legally qualified person.

Article 273 : Requirements for sending in more than one copy

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The requirement to send an electronic document in
several copies is deemed to be satisfied when
the written word can be reproduced accurately and in its
in its entirety by the recipient, in its nonelectronic in its entirety and accurately.

Article 274 : Submission of a writing

The submission of a written document in electronic form is
effective when the recipient has acknowledged receipt by
any means, including electronically.

Article 275 : Registered electronic mail with acknowledgment
reception

Electronic communication can be made
by registered mail with acknowledgment of receipt. In
in this case, it is routed by a third party using a process
making it possible to reliably and accurately determine:

1.identity of the sender, recipient and
third party that routes the communication
electronic;
2. the date and time when the message was sent;

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3.the date and time of receipt of the message by the
recipient ;
4.if applicable, the technical data relating to
the routing of the message from the sender to the
recipient.
The acknowledgment of receipt is sent to the sender
electronically or by any other means
allowing it to be preserved and reproduced.

Article 276 : Legal effect of a sending service
electronics recommended qualified

Data sent and received by means of a
qualified registered electronic mailing service
benefit from a presumption as to the integrity of
data, when this data is sent by the sender
identified, upon receipt by the identified recipient and
as to the accuracy of the date and time of sending and
receipt indicated by registered delivery service
qualified electronics.

Article 277 : Requirements applicable to sending services
electronics recommended qualified

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Electronic registered delivery services
qualified must:

- be provided by one or more service providers
qualified trust services;
- guarantee the identification of the sender with a degree
high confidence;
- guarantee the identification of the recipient with a degree
high confidence before data is provided;
- ensure that the sending and receiving of data is
secured by an advanced electronic signature or
by an advanced electronic seal from a
qualified trust services, so as to exclude
any possibility of data modification;
- ensure that any modification of the data
necessary for sending or receiving them either
clearly identifiable and reported to the sender and the
recipient of the data;
The date and time of sending and receiving, as well
that any modification of the data is indicated by
a qualified electronic time stamp.

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In the event that the data is transferred between
two qualified trust service providers or
plus, the requirements of this article
apply to all service providers of
skilled confidence.

TITLE II
ELECTRONIC IDENTIFICATION

Article 278 : Guarantee levels for diagrams
electronic identification

A
diagram
identification
determines the specifications of the guarantee levels
low, substantial and / or high means of identification
electronics issued within the framework of said scheme.

electronic

These guarantee levels meet the criteria
following:

1.the low level of guarantee is that provided by a
means of electronic identification that grants
a limited degree of reliability to the claimed identity
or alleged from a data subject. It is
characterized on the basis of specifications
techniques, standards and procedures

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related, including technical controls
whose objective is to reduce the risk of use
abuse or alteration of the identity of the
concerned person ;
2.the substantial level of guarantee is that provided
by means of electronic identification which
grants a substantial degree of reliability to
the claimed or alleged identity of a
concerned person. It is characterized on the basis
technical specifications, standards and
related procedures, including controls
techniques, the aim of which is to reduce
substantially the risk of misuse
or alteration of the identity of the person
concerned;
3.the high level of guarantee is that provided by a
means of electronic identification that grants
a level of reliability of the claimed identity or
alleged from a person higher than a
means of electronic identification at
substantial guarantee. It is characterized on the basis
technical specifications, standards and
related procedures, including controls
techniques, the aim of which is to prevent
misuse or alteration of identity.
At the latest one (01) year after the publication of the
this code, taking into account international standards

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applicable and subject to the provisions of this
article, are set by decree taken by the Council of
Ministers on the proposal of the Minister responsible for
electronic communications, specifications
techniques, standards and minimum procedures based on
of which the low, substantial and
high are ensured by means of identification
electronic devices provided for in this article.

These technical specifications, standards and
minimum procedures are set by reference to the
quality and reliability of the following:

1.the procedure to verify and prove the identity
natural or legal persons requesting
the issuance of means of identification
electronic;
2.the procedure for issuing the means
electronic identification requested;
3.the authentication mechanism by which the
data subject uses / confirms their identity
;
4.the entity issuing the means of identification
electronic;

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5.any other body associated with the request for
deliverance
of
means
electronic;

identification

6.the technical and safety specifications of the
electronic identification means issued.
Article 279 : Eligibility of identification schemes
electronic

An electronic identification scheme is
eligible if all of the following conditions are met:

1.the means of identification covered by the diagram
electronic identification can be used
to access at least one service provided by a
entity or public administration requiring
electronic identification;
2. the electronic identification scheme and the
electronic identification means issued
meet the requirements of at least one of the
guarantee levels provided for in article 278 of
this code;
3.identification data and the means
identification are assigned to the person
concerned, according to specifications

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techniques, standards and procedures for
the guarantee levels provided for by the decree referred to
in Article 278, paragraph 3.
Article 280 : Security breach or alteration of the scheme
identification

In the event of a security breach or alteration of the
electronic identification scheme affecting reliability
of the authentication of this scheme, the competent authority
immediately suspend or revoke this authentication or
altered elements.

When the security breach has been remedied or
to the alteration referred to in the first paragraph, the authority
Competent re-establishes authentication.

Article 281 : Liability

The person offering a way
electronic identification is responsible for
damage caused intentionally or by its
neglect of any user of the means of identification
electronic.

Article 282 : Interoperability

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Electronic identification schemes are
interoperable. To this end, an interoperability framework is
adopted by decree taken in the Council of Ministers on
proposal of the Minister in charge of communications
electronic. This interoperability framework:

1.is technologically neutral and does not operate
discrimination between technical solutions
particular
destiny
at
electronic;

identification

2.follow, as far as possible, the
international standards and recommendations;
3. facilitates the implementation of the principles of respect
privacy by design;
4.ensures that personal data
are processed in accordance with the provisions of
the law, in particular the provisions of Book V of
this code.
The interoperability framework is notably composed of:

1.a reference to technical requirements
minimum linked to the guarantee levels provided for in
article 278, paragraph 3;

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2.a table of correspondences between the levels
guarantee of identification schemes
notified electronics and warranty levels
provided for in article 278, paragraph 3;
3.a reference to technical requirements
minimum requirements for interoperability;
4.a reference, in the identification diagram
electronic, to a minimum set of data
making it possible to uniquely identify a
moral or physical person ;
5.of

rules
interoperability;

of

procedure

6.provisions governing the settlement of
disputes;
7.Common operational standards for
security.
Article 283 : Entity issuing the means of identification
electronic

No later than one (01) year after entry into force
of this code, is designated by decree taken in Council
of Ministers on the proposal of the Minister responsible for
electronic communications to the authority (s)

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competent authorities responsible for the delivery of
electronic identification in the Republic of Benin.

TITLE III
ELECTRONIC SIGNATURE

Article 284 : General provisions

The electronic signature required for validity
of a legal act, identifies the person who affixes it and
manifests its consent to the obligations which
arise.

It is admitted in transactions
electronic.

The reliability of a signature process
electronic is presumed until proven otherwise,
when this process implements a signature
qualified electronics, established by means of a
secure electronic signature creation and that the
verification of this signature is based on the use of a
qualified certificate meeting the requirements set out in
article 287 of this code.

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Article 285 : Conditions of admission of signature
electronic

An electronic signature created by a device
qualified, meeting the requirements of article 287
of this code, which the signatory can keep under his
exclusive control and which is based on a certificate
electronic, is accepted as a signature in the same way
than a handwritten signature.

An electronic signature resulting from a
reliable identification process guaranteeing its link with
the act to which it relates in such a way that any
subsequent modification of the act is detectable and which
furthermore meets the requirements laid down by
regulatory, relating to qualified certificates of
electronic signature, is an electronic signature
qualified.

Unless proven otherwise, a document written under
electronic form is presumed to have been signed by its
author and its text is presumed not to have been modified
if a secure electronic signature is affixed to it or
logically associated.

Article 286 : Signature requirements
advanced electronics

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An advanced electronic signature satisfies the
following requirements:

1. be uniquely linked to the signatory;
2. make it possible to identify the signatory;
3.have been created using creation data
electronic signature that the signatory can,
with a high level of confidence, use under
its exclusive control;
4.be linked to the data associated with this signature
so that any subsequent modification
data is detectable.
Article 287 : Qualified signature certificates
electronic

Qualified electronic signature certificates
meet the requirements set by regulation.

Qualified electronic signature certificates
can also include specific attributes
additional non-compulsory. These attributes
do not affect the interoperability and recognition of
qualified electronic signatures.

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If a qualified certificate of electronic signature
has been revoked after its first activation, it loses its
validity from the time of its revocation and cannot
in any case recover its previous status.

Article 288 : Requirements applicable to safety devices
creation of electronic signatures
qualified

Signature creation devices
qualified electronics meet the defined requirements
by decree taken in the Council of Ministers.

Article 289 : Certification of mechanisms for the creation of
qualified electronic signature

The compliance of the mechanisms for creating
qualified electronic signature with the set requirements
by regulation is certified by the organization or
the public administration designated by decree taken in
Council of Ministers on the proposal of the Minister in charge
electronic communications.

This certification is based on one of the
following items:

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1.a safety assessment process implemented
implemented by the competent authority or
2.a process other than the process referred to in
point 1, provided that it resorts to
comparable security levels. Said
process can only be used in the absence
of the standards referred to in point 1 or when
security assessment process referred to in
point 1 is in progress.
Article 290 : Requirements applicable to the validation of
qualified electronic signatures

The process of validating a signature
qualified electronic confirms the validity of a signature
qualified electronics provided that:

1.the certificate on which the signature is based has been,
at the time of signing, a qualified certificate
electronic signature in accordance with
regulatory requirements;
2.the qualified certificate has been issued by a
qualified trust service provider and
was valid at the time of signing;

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3.the signature validation data
correspond to the data communicated to the
concerned person ;
4.The unique set of data representing the
signatory in the certificate is correctly
provided to the data subject;
5.the use of a pseudonym is clearly
indicated, if a pseudonym was used at
time of signing;
6.the electronic signature has been created by a
electronic signature creation device
qualified;
7.the integrity of the signed data has not been
compromised;
8. the electronic signature respects all
requirements provided for in this Title.
The system used to validate the signature
qualified electronics provide the user with the result
accurate validation process and allows it to
detect any security problem.

Article 291 : Qualified validation services of
qualified electronic signatures

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A qualified signature validation service
qualified electronics can only be provided by a
qualified trust service provider who:

1.provides validation in accordance with
applicable legal and regulatory requirements
validation of electronic signatures
qualified;
2.allows users to receive the result of
validation process in a way
automated, reliable, efficient and carrying the
advanced electronic signature or stamp
advanced electronic service provider providing the
qualified validation service.
Article 292 : Qualified conservation services of
qualified electronic signatures
A qualified conservation service for
qualified electronic signatures cannot be provided
only by a qualified trust service provider
which uses procedures and technologies that allow
extend the reliability of electronic signatures
qualified beyond the technological validity period.

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TITLE IV
ELECTRONIC SEALS

Article 293 : Legal effects

The legal effect and admissibility of a stamp
electronic cannot be refused for the sole reason that this
stamp is in electronic form or that it does not
does not meet electronic seal requirements
qualified.

A qualified electronic seal benefits from a
presumption of data integrity and accuracy of
the origin of the data to which it is linked.

Article 294 : Advanced electronic seal requirements

Advanced electronic seal meets
following requirements:

1.be linked to the creator of the stamp in such a way
unambiguous;
2. make it possible to identify the creator of the stamp;

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3.have been created using creation data
electronic seal as the creator of the seal
can, with a high level of confidence, use
under his control to create a stamp
electronic;
4.be linked to the data with which it is associated
so that any subsequent modification of the
data is detectable.
Article 295 : Electronic seals in the services
public

When an advanced electronic seal is required
to use an online public service, the
advanced electronic seals, electronic seals

framing

advanced which are based on a qualified certificate of cachet
electronic and electronic seals qualified at
less in the formats or using the methods provided
by regulation referred to in paragraph 3.

When an advanced electronic seal resting
on a qualified certificate is required to use a service
public online, electronic seals are recognized
advanced studies that are based on a qualified certificate and
qualified electronic seals at least in the
formats or using the methods provided by way
regulatory referred to in paragraph 3.

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At the latest one (01) year after the publication of the
this code, are defined by regulation, the
advanced electronic seal reference formats
or the reference methods when other formats
are used.

The use of electronic signatures and seals
in the public sector may be subject to requirements
additional, fixed by regulation. These
requirements must be objective, transparent,
proportionate and non-discriminatory and do not apply
than the specific characteristics of the application
concerned. These requirements cannot constitute a
obstacle to cross-border services for citizens,
in particular between ECOWAS member states.

Article 296 : Qualified electronic seal certificates

Qualified electronic seal certificates
meet the requirements set by regulation. They
are not subject to any mandatory requirements going beyond
beyond the requirements thus set.

Qualified electronic seal certificates
can include specific attributes
additional non-compulsory. These attributes
do not affect the interoperability and recognition of
qualified electronic seals.

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If a qualified electronic seal certificate has
revoked after the first activation, it loses its validity
from the moment of his revocation and he cannot
no case recover its previous status.

Article 297 : Requirements applicable to safety devices
creation and validation of stamps
qualified electronics

The provisions of Article 290 relating to
requirements applicable to devices for the creation of
qualified electronic seals apply mutatis
mutandis to the requirements applicable to
creation of qualified electronic seal.

The provisions of Article 289 relating to the
certification of signature creation devices
qualified electronics apply mutatis mutandis to the
certification of seal creation devices
qualified electronics.

Article 298 : Validation and conservation of seals
qualified electronics

The provisions of Articles 288, 291 and 292
apply mutatis mutandis to electronic seals
qualified.

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TITLE V
TIME-STATUS, ARCHIVING
ELECTRONICS AND AUTHENTICATION OF
WEBSITES

CHAPTER I
OF THE ELECTRONIC TIME-STAMPING

Article 299 : General provisions

The legal effect and admissibility of a time stamp
electronic cannot be refused as proof at the
only pattern that the timestamp is in the form
electronic or does not meet the requirements of
qualified electronic time stamping.

Qualified electronic time stamping benefits
a presumption of correctness of the date and time
that it indicates and the integrity of the data to which it is
report these dates and times.

Article 300 : Requirements for time stamps
qualified

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Any qualified electronic time stamp satisfied
to the following requirements:

1.link the date and time to the data so that
exclude the possibility of modification
undetectable from this data;
2.Be based on an accurate time-related clock
universal coordinated; and
3.be signed by means of an electronic signature
advanced or sealed by means of a stamp
advanced electronics service provider
qualified trust, or by a method
equivalent.

CHAPTER II
OF ELECTRONIC ARCHIVING

Article 301 : General provisions

Subject to legal provisions
particular, the preservation of documents
archived electronic documents meets the following requirements
:

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1.the information contained in the document is
accessible and consultable later;
2.the document is kept in the form under
which it was created, sent or received, or under a
form which can be shown to be
susceptible to neither modification nor alteration of
its content, and that the document transmitted and the
kept are strictly identical;
3.information which makes it possible to determine
the origin and destination of the document, as well as
the date and time of the dispatch or
the reception must, where applicable, be
preserved.
Electronic archiving guarantees the authenticity and
integrity of documents, data and information
preserved by this means.

Article 302 : General rules for electronic archiving

Electronic archiving consists of putting
place actions, tools and methods in order to maintain
data, documents and information with a view to
subsequent use.

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The data concerned must be structured,
indexed and stored in formats appropriate to the
conservation and migration.

Archiving must guarantee their integrity, the
restitution of stored data or their accessibility
in a changing technological context.

The
rules
of
archiving
apply equally to scanned documents
and documents originally designed on a medium
electronic.

electronic

Article 303 : Methods of implementation

The implementation modalities and the regime
applicable to electronic archiving are
specified by decree taken in the Council of Ministers.

CHAPTER III
INTERNET SITE AUTHENTICATION

Article 304 : Requirements applicable to certificates
qualified site authentication
Internet

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Qualified authentication certificates from
websites must contain:

1.a statement indicating at least one form
suitable for automated processing, whether the
certificate was issued as a qualified certificate
website authentication;
2.a set of identifying data without
ambiguity the trust service provider
qualified who issued the qualified certificates,
including at least the State, its corporate name
and / or its corporate name, as well as its
exact adress ;
3.for natural persons, at least the name,
the first name and address of the person to whom the
certificate is issued;
4.for legal persons, at least the reason
company name and address of the
registered office of the legal person to which the certificate
is issued and, if applicable, its number
registration in the Trade and
Furniture Credit and / or any other official register;
5.the domain name (s) operated by the
natural or legal person to whom the
certificate is issued;

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6.any useful information on the start and end of the
period of validity of the certificate;
7.the certificate identity code, which is unique for
the qualified trust service provider;
8. the advanced electronic signature or seal
advanced electronics service provider
qualified trust issuing the certificate, as well as
the address where they can be verified;
9.Location of validity status services
certificates that can be used for
know the validity status of the certificate
qualified.

BOOK THIRD
TRUSTED SERVICE PROVIDERS

TITLE I
OBLIGATIONS OF SERVICE PROVIDERS
TRUST SERVICES

Article 305 : Freedom of establishment

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Subject to established authorization regimes
by the competent public authorities for reasons
public order, protection of public health,
public safety or consumer protection,
access to the activity of a trust service provider
and the exercise thereof may not be subject to a
prior authorization regime or any other
requirement having equivalent effect.

Article 306 : Reporting obligation for service providers
trust services

Any qualified trust service provider
established in the Republic of Benin declares the information
following to the competent authorities and the regulatory body
control designated by regulatory means, i.e. within one month
following the promulgation and publication of this code,
either before the start of his
activity:

1.in the case of a natural person, his name and
first name and, if it is a legal person, its
corporate name and corporate name;
2. the full geographic address of the place where
he is established, his e-mail address,
as well as his telephone number;

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3.if it is subject to the registration formalities of
companies or the Trade and
Crédit Mobilier, the registration number, the
amount of its share capital and the address of its
the head office ;
4.if it is subject to VAT, the number
corresponding tax identification;
5.a proof of subscription to a policy
insurance that effectively covers
damage related to its activity.
The competent authority issues to service providers
declared trust services, a receipt from
declaration within five (05) working days following their
declaration.

Article 307 : Data protection obligation
personal character

Without prejudice to the provisions of Book V, a
trust service provider that issues
certificates to the public can only collect data
personal than directly with the person
concerned, with their express consent, and
only insofar as this is necessary for the
issuance and retention of the certificate.

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The data transmitted to them, in
particularly personal data, cannot
be collected or processed for other purposes without the
prior explicit consent of the person
interested. Providers cannot hold, consult
and use this data only to the extent strictly
necessary for the performance of their services.

When the certificate holder uses a
pseudonym and when the investigation needs of
police or forensic investigations so require, the
trust services that issued the certificate is required
to communicate to the competent authority, the police or
judicial authority, any data and / or information
relating to the identity of the holder.

Article 308 : Safety requirements applicable to
trust service providers

Trusted service providers
skilled and unskilled take action
technical and organizational requirements, in order to
prevent and manage risks related to the security of services
of confidence they provide. take in account the
the most recent technological developments, these measures
ensure that the level of safety is proportionate
the degree of risk. In particular, measures are taken
in order to prevent and limit the consequences of incidents

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related to safety and to inform the parties concerned of
detrimental effects of such incidents.

Article 309 : Obligation to notify a regulatory body
control of service providers
trust

Trusted service providers
qualified and non-qualified notify the supervisory body
and where applicable to other bodies concerned, in
as soon as possible and at the latest within twentyfour (24) hours after becoming aware of it, any
breach of security or any loss of integrity having a
significant impact on the trust service provided
or on the personal data contained therein
preserved.

Article 310 : Other notification obligations of
trust service providers

When the security breach or loss
integrity referred to in Article 309 is likely to affect
harm to a user of the trust service, the
trust service provider also notifies him
breach of security or loss of integrity in
as fast as we can.

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When the security breach or loss
integrity concerns a foreign state, the supervisory body
who has received the notification can inform the authorities
competent authorities and / or the supervisory bodies of that State.
The supervisory body also informs the public or
requires the trust service provider to
informs the public, as soon as the supervisory body
notes that it is in the public interest to be alerted to
breach of security or loss of integrity.

Article 311 : Requirements applicable to service providers
qualified trust services

When a trusted service provider
qualified issues a qualified certificate for a
trust, it verifies by appropriate means the identity
and where applicable, all the specific attributes of the
natural or legal person to whom it issues the
qualified certificate. This information is verified by the
qualified trust service provider or by a
third parties, including:

1.by the physical presence of the person
physical concerned or authorized representative
of the legal person;

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2.by means of a signing certificate
qualified electronic or electronic seal
qualified; or
3.using other identification methods
recognized in the Republic of Benin which
provide an equivalent guarantee in terms
reliability, the physical presence of the person
physical concerned or authorized representative
of the legal person. The equivalent guarantee
is confirmed by an assessment body of
conformity.
A qualified trust service provider
must :

1.inform the supervisory body of any
modification in the provision of its
qualified trust and its eventual intention
to cease its activities;
2.show that he has the technical means
reliable in order to provide the services of trust
qualified safely;
3.ensure the operation of a service
fast and secure directory and a
safe and immediate revocation;

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4.ensure that the date and time of issue and
revocation of a certificate can be
precisely determined;
5.Take action against counterfeiting of
certificates and, in cases where the service provider
trust services generate data
relating to the creation of signature or stamp
electronic, guarantee confidentiality during
the process of generating this data;
6.have sufficient financial resources
to conduct its business properly;
7. take out an insurance policy guaranteeing
damage likely to be caused in
the exercise of this activity;
8.employ staff and subcontractors
with the expertise, experience and
security qualifications
networks and systems of information and
protection of personal data, and
applying administrative and
management corresponding to national standards and
international;
9.inform users of trusted services
qualified, clearly, comprehensively and before
any contractual relationship, on the conditions
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precise use of the service, including
limits to its use, the procedures for
claim and dispute resolution. This
information can be transmitted by
electronic, and must be in writing in
language
french
and
to be
understandable. Relevant elements of
this information must also, on
request, be made available to third parties who
prevail of the certificate;
10. use reliable systems and equipment,
protected against the risk of modifications and
ensuring the technical security of the processes
caught in
charge ;
11.use reliable storage systems for
data communicated to it, under a
verifiable form so that:
- the data are not publicly available
for treatments only after having obtained the
consent of the data subject;
- only authorized persons can
enter data and modify data
preserved;
- the authenticity of the data can be verified;

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12. take appropriate measures against
forgery and theft of

data;

13.Record, keep and keep accessible
for an appropriate period, including after
termination of the service provider's activities
qualified trust, all information
relevant to the data sent and
received by the trust service provider
qualified, in particular for probationary purposes and
continuity of service;
14. have an updated shutdown plan in order to
ensure continuity of service;
15. ensure the lawful processing of data to
personal character in accordance with
provisions of this code;
16. if necessary, establish and keep up to date a database
data of the certificates granted;
17. make sure that certificates are only available
to the public only in cases where the holder of the
certificate has given consent;
18. make sure that any technical modification
endangering security requirements either
related.

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When a trusted service provider
qualified decides to revoke a certificate, it records this
revocation in its certificate database and
publishes the revocation status of the certificate within twenty
four (24) hours following receipt of the request.
This revocation becomes effective as soon as it is published.

Trusted service providers
qualified provide users with the information
relevant to the validity or revocation status of
qualified certificates they have issued. These informations
are available, at least by certificate, at any time
and beyond the period of validity of the certificate, under a
automated, reliable, free and efficient form.

Article 312 : Qualified certificates issued by
foreign providers

A qualified certificate issued to the public by a
trust service provider that is established in
an ECOWAS member state, has the same value and is
assimilated to qualified certificates issued by a
trust service provider established in the Republic
from Benin.

Qualified certificates issued to the public by a
trust service provider established in a State
non-member of ECOWAS have the same value and are

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easily

assimilated to certificates issued by a service provider
trust services established in the Republic of Benin if:

1.the trust service provider fulfills the
conditions of this code, after verification by
the competent authorities;
2.the certificate or service provider of
trust is recognized in application of an agreement,
treaty or any other national or international text
relevant concluded between the Republic of Benin and
one or more countries or organizations
international.
Article 313 : Revocation of qualified certificates

At the request of the certificate holder
previously identified, the service provider
trust immediately revokes the certificate.

The trust service provider revokes
also a certificate when:

1.the trust service provider ceases its
activities without their being taken over by
another trusted service provider

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guaranteeing a level of quality and safety
equivalent;
2.There are serious reasons to believe that the
certificate was issued on the basis of information
erroneous or falsified, that the information
contained in the certificate are no longer valid
or that the confidentiality of the related data
signature has been or is likely to be violated;
3.the trust service provider is
informed of the death of the natural person or
the dissolution of the legal person involved
holder.
The trust service provider takes the
necessary measures in order to respond at all times and
without delay to a request for revocation.

Except in the event of death, the service provider
of trust notifies the certificate holder of the revocation,
within thirty (30) days before the expiration of the
certificate. The revocation decision must be motivated.

The revocation of a certificate is final. She is
enforceable against third parties from the date of
unsubscribe from the trust service provider, from
the trusted list referred to in article 323 of this code.

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Article 314 : Liability of service providers
of confidence

Without prejudice to the provisions of paragraph 3, the
trust service providers are responsible
damage caused intentionally, by
negligence or clumsiness to any natural person
or legal due to a breach of obligations
provided for in the provisions of this code.

It is the responsibility of the natural or legal person
invokes the damage referred to in paragraph 1 to bring
proof that the non-trust service provider
qualified has acted intentionally or negligently. A
qualified trust service provider is presumed
have acted intentionally or negligently, unless
that he provides proof that the damage referred to in
paragraph 1 st were caused without intention or negligence
His part.

When trusted service providers
inform their users in advance of the limits that
exist for the use of the services they provide and
that these limits can be recognized by third parties,
trust service providers cannot be
held liable for damages arising from
the use of the services beyond the limits as well
defined.

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Article 315 : Cessation of the activities of service providers
services
qualified

trust

The trust service provider that delivers
qualified certificates inform the competent authority and
the supervisory body within a reasonable timeframe, of its
intention to cease operations or any fact that
could lead to the cessation of its activities.

In this case, he ensures the resumption of his
activities by another trust service provider
guaranteeing a level of quality and safety at least
equivalent. In the absence of a buyer, the service provider
revokes, subject to two (2) months' notice, the
certificates granted to its holders.

The trust service provider that stops
its activities for reasons unrelated to its
will or in case of bankruptcy, immediately inform
the competent authority. It proceeds, if necessary, to the
revocation of issued certificates.

Article 316 : Liability of certificate holders

As soon as the data relating to the
signature or electronic seal, the holder of the

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certificate becomes responsible for the confidentiality of these
data.

In case of doubt or risk of violation of the
confidentiality of data relating to the signature or
electronic seal, or in case of lack of conformity
in relation to the information contained in the certificate,
the holder is required to revoke the certificate.

When a certificate has expired or has been
revoked, the holder may not, after the expiry of the certificate
or after its revocation, use the data relating to the
signature to sign or have this data certified by a
other trusted service provider.

TITLE II
CONTROL OF SERVICE PROVIDERS
OF CONFIDENCE

Article 317 : Creation and missions of the supervisory body

A control body for service providers is created
trust services attached to the Ministry in
electronic communications charge.

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A decree from the Minister responsible for
electronic communications sets the organization and
functioning of said organ.

This body is responsible in particular for:

1.monitor service providers
qualified trust established in the Republic of
Benin in order to ensure, through a priori checks
and a posteriori, that these providers and the services
of qualified trust they provide satisfy
the requirements provided for in this code;
2.a posteriori control of the service providers
unqualified trust established in the Republic
from Benin, for which it has been reported
suspected or proven breaches of
provisions of this code.
As part of its control prerogatives,
the supervisory body has in particular the possibility of:

1.analyze conformity assessment reports
trust service providers;
2.inform, where appropriate, the other
control and the public of any breaches of
security or loss of integrity;

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3.proced, in particular via an organization
conformity assessment, audits and
compliance assessments of service providers
qualified trust services;
4. to grant “qualified” status to service providers
trust services and the services they
provide and, to withdraw this status in accordance with
the provisions of this code;
5.inform the competent authorities of its
decisions to grant or withdraw status "
qualified ”;
6.Check the existence and correct application of
provisions relating to shutdown plans
when the trust service provider
qualified ceases to operate, including how
whose information remains accessible;
7.require that service providers
trust correct any breach of
obligations provided for in this code.
Trusted service providers
qualified are subject, at least every twenty-four (24)
months, of an audit carried out at their expense by an organization
conformity assessment. The purpose of this audit is to
confirm that trust service providers
qualified and qualified trust services that they
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provide meet the requirements set by the
this code.

Within three (03) working days
upon receipt, service providers
Trust Qualified Convey Assessment Report
of compliance with the supervisory body.

Article 319 : One-off audit and evaluation of
trust service providers
Without prejudice to the provisions of article 318,
the supervisory body may at any time submit the
trust service providers qualified for an audit
or ask an assessment body for
conformity to conduct a conformity assessment
qualified trust service providers,
costs of the latter, in order to ensure that
and the qualified trust services they provide
meet the requirements set out in the code.

Unannounced compliance checks by the body
control cannot be abusive and must be
justified in view of the situation of the service provider
trust services and elements relating to it, including
he has.

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Article 320: Obligation to correct breaches
trusted service providers
When the supervisory body requires the service provider
qualified trust services that he corrects a
failure to meet the requirements of this code and
that the provider does not act accordingly, and the case
applicable after expiry of a reasonable period set by
the supervisory body, the latter has the possibility, taking
account in particular of the scale, duration and
consequences of this failure, to seize the court
competent, in particular in order to:

1. stop issuing qualified certificates
by the trust service provider;
2.forcing the trust service provider to
immediately inform the holders of
qualified certificates that he has issued, of their noncompliance with the provisions of this code.
Article 321: Withdrawal of the “qualified” status of the service provider
or trust service
When the supervisory body requires the service provider
qualified trust services that he corrects a
failure to meet the requirements of this code and
that the provider does not act accordingly after
expiration of a reasonable period of time set by the

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control, the latter has the possibility, taking into account
the extent, duration and consequences of the
failure, to withdraw the “qualified” status from the service provider
or to the relevant trust service, and informs the authority
responsible for updating the lists of
trust referred to in Article 323. The supervisory body
furthermore informs the service provider of
qualified confidence of the withdrawal of its “qualified” status or of the
withdrawal of the “qualified” status of the trust service
concerned.

Article 322 : Provision of qualified trust services

When service providers
trust unqualified wish to offer
qualified trust, they submit to the supervisory body
an application accompanied by an evaluation report of
conformity issued by an assessment body for
conformity.

The supervisory body checks in particular that the
trust service provider and
trust it provides meet the requirements of the
this code. If the supervisory body concludes that the
trust service provider and
trust it provides meet the requirements of the
this code, it grants the “qualified” status to the service provider
trust services and trust services

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that it provides, and informs the competent authority, for the purposes of
updating the trusted lists referred to in Article 323,
at the latest within ninety (90) days
following the day of the request.

If the verification is not completed within the time limit
ninety (90) days from the day of the
request, the supervisory body informs the service provider
trust services, specifying the reasons for
delay and the time required to complete the audit.

Trusted service providers
qualified can begin to provide the service of
qualified trust once the “qualified” status is
indicated on trusted lists.

Article 323 : Publication and updating of lists of
trust

The competent authority maintains and publishes
trusted lists including related information
qualified trust service providers, as well
that information relating to trust services
skilled workers they provide.

The competent authority establishes, maintains and publishes
securely and in a form suitable for

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automated processing, the trusted lists referred to in
paragraph 1 relating to electronic signatures and
electronic seals.

The competent authority makes available to the
public, through a secure channel,
information referred to in paragraph 1 in a form bearing
an electronic signature or an electronic seal
suitable for automated processing.

TITLE III
SANCTIONS AND PUBLICATION

Article 324 : Usurpation of the quality of service provider
trust services

Is punished by a sentence of three (03) months to six (06)
months in prison and a fine of five hundred thousand (500
000) CFA francs to ten million (10,000,000) CFA francs,
or one of these penalties only, whoever has usurped
the quality of a trusted service provider.

The penalties provided for in paragraph 1 st are taken to
double in the event of usurpation of the quality of
qualified trust services.

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Article 325 : Publication of final judgment

By condemning the count of offense referred to in article
324, the competent court may order the insertion of the
judgment, in whole or in extracts, in one or
several newspapers, under the conditions it determines,
at the expense of the convicted person.

BOOK FOURTH
OF ELECTRONIC COMMERCE

TITLE ONE
GENERAL INFORMATION ON TRADE
ELECTRONIC

Article 326 : Scope

The provisions of this Book apply to
any order, contract or transaction concluded online
or electronically for the supply of goods
or services, as well as to any commercial activity
electronics exercised on the territory of the Republic of
Benin or intended for users established on the
territory of the Republic of Benin.

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An e-commerce activity or a
offer of goods or services is considered to be
destination of users established in the territory of
Republic of Benin, if it includes a distinctive sign or
characteristic of the Republic of Benin, its
nationals or its residents.

Furthermore, depending on the content of the
advertising messages and offers, of the language
used, currency used, domain name used,
it is considered to be intended for users
established on the territory of the Republic of Benin.

Without prejudice to the provisions freely
agreed between the parties to an electronic contract, the
provisions of this Book are therefore applicable
that this contract is concluded between a professional and a
consumer.

Contracts concluded between professionals
may derogate from the provisions of this Book, for
insofar as this choice does not have the purpose or the effect of:

1. derogate from the Beninese public order provisions;
2.private a consumer of the protection that he
ensure the mandatory provisions of the law;

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3.Derogate from the mandatory provisions governing
transactions or activities subject to a
special regime, including in particular:
- in real estate matters with the exception of contracts
real estate rental;
- in matters of insurance;
- in matters of family law and
estates;
- in terms of securities and guarantees provided by
people acting for purposes beyond
not as part of their professional activity
or commercial;
- all other matters for which the law
requires the intervention of courts,
public authorities or professions exercising
a public authority.
Are excluded from the scope of this
Delivered :

- gambling activities, in the form of betting,
lottery or other;

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- representation and assistance activities in
justice;
- activities carried out by notaries.
Article 327 : Extraordinary restrictions

Measures restricting, on a case-by-case basis, the
exercise of activities governed by the provisions of
this Book, may be taken by any authority
governmental, administrative or judicial, when
is damaged or there is a serious and serious risk
breach of the maintenance of order or security
public, the protection of persons, the protection
minors, public health or the preservation of
national defense interests.

Article 328 : General information obligation

Anyone carrying out an activity of
electronic commerce in the Republic of Benin or
destination of Beninese users, is required to ensure
to those for whom the supply of goods is intended or
services offered, easy, direct and permanent access,
if applicable from the home page of the site, to
following information:

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1.in the case of a natural person, his name and
first name and, if it is a legal person, its
corporate name and corporate name;
2. the full geographic address of the place where
she is established, her email address
electronic, as well as his telephone number
;
3.if it is subject to registration formalities
at the Trade and Personal Property Credit Register, the
registration number, the amount of
share capital and the address of its registered office;
4.if it is subject to value added tax,
the corresponding tax identification number;
5.if its activity is subject to a regime
authorization, name and address of the authority
having issued this one as well as the reference of
authorization;
6.if she exercises a regulated profession:
- the name of the order or professional body
with which it is registered;
- his professional title and the name of the State which
granted;

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- the reference to professional rules
applicable to which it is subject and the
way to access it.
Anyone carrying out an activity of
electronic commerce in the Republic of Benin or
destination of users established in the territory
Beninese or offering one or more goods or services
online must, even in the absence of a contract offer and from
when it mentions a price, indicate the price
clear and unambiguous, especially if taxes and
delivery costs are included.

Article 329 : Contractual liability

Any natural or legal person exercising a
activity subject to the provisions of this Book or
party to a contract governed by the provisions of
this Book, is fully responsible for the correct
fulfillment of obligations resulting from agreements
concluded, that these obligations are to be performed by ititself or by third parties, without prejudice to its right to
recourse against them.

However, it can be exempt from all or part of
its responsibility by providing proof that the non-performance
or the poor performance of the contract is attributable either to
the other party or a third party, or in a case of force majeure.

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TITLE II
ELECTRONIC ADVERTISING

CHAPTER I
GENERAL PROVISIONS

Article 330 : Identification of advertisements by channel
electronic

Any advertising, in any form whatsoever,
accessible by a communications service
publicly available electronic or online service, must
be able to be clearly identified as such, from its
reception. It makes its
sender, as well as the natural or legal person
on whose behalf it is carried out.

Advertising can in particular be identified
as such by virtue of its title, presentation or
of its object. Otherwise, it includes the mention
“Advertising” in a clear, legible, conspicuous manner and not
equivocal, where appropriate in the object or in the body

of the message that conveys it.

Article 331 : Identification of offers and games
promotional

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Promotional offers offering
price reductions, joint offers, bonuses or gifts
of whatever nature, as long as they are
addressed or accessible by communication
electronic products open to the public or via an online service,
must be identifiable as such upon receipt by
the user or as soon as the latter has access to it, and the
conditions to benefit from it must be easily
accessible and presented in a clear, precise and
unequivocal.

Likewise, contests or promotional games
must be clearly identifiable as such from their
reception by the user or as soon as the latter has access to it,
and their conditions of participation must be easily
accessible and presented in a clear, precise and
unequivocal.

Where applicable, offers, contests and games
promotional items must be identifiable in the object or
in the body of the message that conveys them.

CHAPTER II
CONDITIONS OF DIRECT PROSPECTION

Article 332 : Prohibition of direct prospecting

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Direct prospecting by means of
systems
automated
of
communications
electronic devices, networks, services and / or terminals
electronic communications, fax machines, mail
electronic or SMS using personal data
staff of a user who has not previously
expressed consent to receive surveys
direct by these means.

For the purposes of this article, the appeals and
messages intended to induce the user to call
a premium rate number or to send a text message
surcharged come under direct prospecting.

For the purposes of this article,
consent any manifestation of free will,
specific and informed by which a person accepts
that personal data concerning him
are used for direct prospecting.
Lack of response cannot be considered
as consent.

The burden of proof of the consent of the
recipient of direct prospecting is the responsibility of the
natural or legal person at the origin of the
prospecting.

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Article 333 : Exception to the prohibition of prospecting
straightforward

Direct prospecting is authorized, without the
prior consent of recipient person
physical, if all of the following conditions are
fulfilled:

1.the recipient's contact details have been
collected from him with full knowledge of
cause, and in compliance with the provisions of
Book V of this code, on the occasion of a sale
or a provision of services;
2.direct prospecting concerns exclusively
similar products or services offered by
the same supplier;
3. the recipient is offered, in a simple way,
express and unambiguous, the possibility of
oppose, free of charge, the use of its
contact details at the time they are collected
and each time a prospecting message
is addressed, in case it does not have
previously refused such exploitation.
Direct prospecting is authorized, without the
prior consent of the recipient legal entity

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if the electronic contact details used for this purpose are
impersonal.

Article 334 : Right to object to direct prospecting

Anyone can directly notify a
supplier of goods or services online, without
justification and free of charge, his will to no longer receive
direct prospecting.

In this case the supplier is required to:

1. to issue, without delay, an acknowledgment of receipt by
any means, including by electronic means,
confirming to this person the registration of
his request ;
2.take, within a reasonable time, the measures
necessary to respect the will of this
person ;
3.Keep up to date the list of people who have expressed
their desire to no longer receive surveys
direct from him.
Article 335 : Direct prospecting to persons
vulnerable

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When direct prospecting is intended for
children, the elderly, the sick or
vulnerable, or to anyone who is not in
able to fully understand the information that
are presented to him, the exceptions provided for in this
Book should be interpreted more strictly.

Article 336 : Information obligation

In any case, it is forbidden to transmit, to
direct marketing purposes, messages through
systems
automated
of
communications
electronic devices, networks, services and / or terminals
electronic communications, fax machines, mail
electronic or SMS, without indicating the means and
valid contact details to which the recipient can
usefully send a request to obtain
without charge, that these communications cease.

It is also prohibited to conceal the identity of
the person on whose behalf the communication
is issued, in particular in:

1.using the email address or identity of a
third party;

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2.falsifying or masking any information
to identify the origin of the message or
its transmission path;
3. mentioning an object unrelated to the goods
or services offered;
4.encouraging the recipient of the messages to
visit third party websites.
The supervisory authority provided for in Book V monitors,
with regard to direct prospecting using the
contact details of a user who is a natural person, at
compliance with the provisions of this Title by using the
skills which are recognized in Book V. At this
end, it can in particular receive, by any means,
complaints about breaches of provisions
of this article.

Article 337 : Sanctions

Anyone conducting a prospecting
direct unauthorized within the meaning of Articles 332 to 334 of
this Title or not respecting the obligation
information provided for in Article 336 is punishable by
ranging from thirty (30) days to six (06) months
imprisonment and a fine of fifty thousand
(50,000) to five hundred thousand (500,000) CFA francs.

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When these breaches concern the
direct prospecting aimed at children,
elderly, sick or vulnerable people,
or to anyone who would not be able to
fully understand the information that is
presented, the penalties provided for in the previous paragraph are
doubled.

TITLE III
CONCLUSION OF CONTRACTS BY ROUTE
ELECTRONIC

CHAPTER I
OF THE OBLIGATION OF PRIOR INFORMATION

Article 338 : Information on the terms of conclusion
of the contract

Under penalty of nullity, any supplier of goods or
online services must, before the conclusion of any contract
online, ensuring and maintaining easy, direct and
permanent on a durable support, under
contractual as well as all information relating to
the conclusion of the contract. The provision of
contractual conditions must allow their
reproduction and their conservation by the parties.

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This information should be presented
clear, legible and unambiguous and understand
especially :

1.the different steps to be followed by the user
to conclude the contract online;
2.the languages ​proposed for the conclusion of the
contract;
3.provisions relating to the protection of
personal data;
4.the appropriate technical means allowing
the user to identify the errors made
in entering data and correcting them
before the conclusion of the contract;
5.the method of confirming the acceptance of
the offer;
6.the consequences of the lack of confirmation
information provided by the user
;
7. information on restrictions,
limitations and / or conditions related to the
conclusion of the contract, such as the agreement

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mandatory from a parent or guardian, where
appropriate;
8. the conditions for concluding the contract;
9.the conditions for terminating the contract for
open-ended or long-term contracts
greater than one (01) year;
10. the minimum contract duration for contracts
relating to the supply of products or services
periodically or long term;
11. the terms of delivery and delivery costs;
12. the date on which the supplier undertakes to deliver
the goods or to provide the services;
13. the consequences of non-performance or
poor performance of the obligations of the
provider ;
14. the terms and conditions provided by the supplier for the
claims processing ;
15. the telephone number, as well as the address
electronic and postal service provider in view
possible complaints;

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16. where applicable, information relating to
out-of-court complaints and
remedies to which the supplier is subject, and
the conditions of access to these;
17. the existence or absence of a right of withdrawal
and its conditions of exercise;
18. the terms of return, exchange and
reimbursement of goods;
19. where applicable, information relating to
after-sales assistance, after-sales service
and the conditions attached thereto;
20. if applicable, information relating to the
nature and extent of commercial guarantees;
21. information relating to legal guarantees
compliance, legal guarantees against hidden defects
and legal guarantees of eviction;
22. the archiving arrangements for the contract as well as the
conditions of access to the archived contract;
23. the procedures for consulting the certificates of
signature and electronic seals;

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24. professional and commercial rules or
codes of conduct to which the author of the offer
intends to submit, as well as the means of
to consult.
When in a position to do so, the supplier
of goods or services online sets up a service
allowing users to chat directly
with him.

Article 339 : Information on the characteristics of
goods or services

Under penalty of nullity, any supplier of goods or
online services must, before the conclusion of any contract,
ensure and maintain easy, direct and permanent access
on a durable medium, to all information relating to
characteristics of the goods or services offered.

This information is presented in a
clear, legible, unambiguous and understand
especially :

1.the essential characteristics of the good or
service;

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2.the technical characteristics of the good or
service;
3.information relating to the instructions for use and
conditions of use of the good or service;
4.safety and safety warnings
health related to the good or service;
5.If it is digital content, its
functionalities, and where applicable, the
applicable protections and any interoperability
digital content with certain materials or
software that the vendor has or should
reasonably be aware of.
For downloaded digital content, the offer
must indicate:

1.the characteristics of the operating system or
equipment needed to operate
efficiently uploaded content;
2.the approximate time and cost of
possible downloading of the content, and if
the terms and conditions of the contract
license;

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3.the technical characteristics to take over the
downloading of interrupted content;
4.if applicable, the name of the director of
publication.
Any good or service dangerous to health
human or animal or for the environment is
accompanied by an instruction manual in French,
including clear warnings and easily
visible, to allow use in
maximum security conditions.

Article 340 : Information on the price of goods and services

Under penalty of nullity, any supplier of goods or
online services must, before the conclusion of any contract,
ensure and maintain easy, direct and permanent access
on a durable medium, to all information relating to the
price of goods and services offered.

This information is presented in a
clear, legible and unambiguous, and understand
especially :

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1.the price of the good or service including all taxes
included and whether or not it includes the
delivery ;
2.if applicable, the delivery costs as well as the
insurance offered;
3. the period of validity of the offer;
4.the terms, conditions and methods of
payment ;
5.if applicable, payment facilities
proposed;
6. the invoicing currency for the good or service;
7.if applicable, the costs of using the
online services ;
8.if applicable, the costs of using the means
of electronic communications when they are
calculated on a basis other than the rates in
force, especially with regard to numbers
surcharged;
9.if applicable, the existence of other costs
normally due by the user, not collected
by the supplier and / or not imposed by it.

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All information referring to
costs provided for in this article indicate the currency
used.

Without prejudice to the conditions of validity
mentioned in the offer, the author remains bound by it
as long as it is accessible by the user.

Article 341 : Burden of proof

The burden of proof of the existence of a
prior information, confirmation of
information communicated, compliance with deadlines and
User consent lies with the provider of
goods or services online.

Article 342 : Conditions for exchanging information

The information provided for in this Chapter,
must be provided by any means appropriate to the service
used and accessible at any stage of the conclusion of the
contract, in compliance with the principles governing the
protection of legally incapacitated persons,
especially minors and incapable adults.

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The information requested for the
conclusion of an online contract or those that are
addressed or exchanged during its execution
can be transmitted electronically if the
recipient has accepted the use of this process.

CHAPTER II
AFTER CONCLUSION OF THE CONTRACT

SECTION 1
CONDITIONS OF VALIDITY

Article 343 : Conditions of validity of the contract concluded by
electronically

For a contract to be validly concluded by
electronically, the user must have had the possibility,
by appropriate technical means, efficient and
easily accessible, to check the details of its
order and make the necessary corrections,
before confirming its acceptance. The detail of the
order must allow informed consent and
advised.

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The user must have had the possibility
to stop placing the order at all
moment, before confirming its acceptance.

Article 344 : Acknowledgment of receipt

After placing an order, the author of
the offer must acknowledge receipt of acceptance of
the user placing the order, without undue delay
and by any means, including electronically.

The acknowledgment of receipt must be accompanied by the
invoice or proof of payment showing a
detailed summary of the order as well as the date and
the hour of it.

The order, acceptance of the offer,
confirmation, acknowledgment of receipt and invoice or
proof of payment, are considered received,
when the parties to which they are addressed can
have access to it.

Article 345 : Unavailability of the good or service

When a good or service offered is unavailable,
the supplier of goods or services must inform

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the purchaser without delay and at least twenty-four (24)
hours before the delivery date provided for in the contract. The case
if applicable, the supplier of the goods or services reimburses the
the purchaser, all of the sums collected.

Article 346 : Conservation

Any contract concluded electronically must be
kept for a period of ten (10) years from the date of
delivery of the good or the provision of the service.

SECTION II
THE RIGHT OF WITHDRAWAL

Article 347 : General principle

The provisions of this section relating to
right of withdrawal only apply to contracts
concluded between professional and consumer. These
provisions apply without prejudice to any
more favorable treaty provisions for the
consumer.

Article 348 : withdrawal period

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The consumer has a period of fifteen
(15) working days to exercise the right to
withdrawal. This right is exercised by the consumer, without
justifications and free of charge, other than any costs
direct return of the goods to the professional, if applicable.

If the information provided for in Articles 338 to 340
of this code are communicated to the consumer

before the conclusion of the contract, the period of exercise of the right
of withdrawal begins to run:

- from the day after the date on which the
consumer takes possession of the good,
contracts for the supply of goods;
- from the day after the day on which the
order, with regard to contracts relating to the
provision of services.
If the professional fails to fulfill his obligation
prior information provided for in Articles 338 to 340 of the
this code, the withdrawal period is increased to four
ninety (90) days:

- from the day after the date on which the
consumer takes possession of the good,
contracts for the supply of goods;

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- from the day after the day on which the
order, with regard to contracts relating to the
provision of services.
The consumer notifies the trader of his
decision to exercise the right of withdrawal, by mail
postal or electronic, with acknowledgment of receipt, in the
period of fourteen (14) working days provided for in paragraph 1
above.

Article 349 : Exercise of the right of withdrawal

The exercise of the right of withdrawal by the
consumer assumes that he has had the opportunity to
reasonably try the good ordered, with a view to
ensure its compliance. This provision does not
not applicable to services which are executed
In one time.

Article 350 : Conditions for exercising the right of withdrawal

In case of exercise of the right of withdrawal, the
consumer must, without delay, stop using the
good or service provided and return, at its expense, the good
to the professional, for contracts relating to
supply of goods.

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In case of exercise of the right of withdrawal, the
consumer is required to return the goods to the
professional within fourteen (14) days
working hours, provided for in article 348 above.

The professional can oppose the reception of the
properly returned and reimbursement to the consumer in
reason for the depreciation of the asset, only if this
depreciation results from manipulation by the
consumer other than those strictly necessary
to verify its conformity or clearly exceeding
use made as a test or trial.

Article 351 : Rights and obligations of the professional

In case of exercise of the right of withdrawal, the
professional is required to reimburse, without delay, any
sum received from the consumer in payment of his
order or related to it.

This reimbursement is made within a
maximum of thirty (30) working days, from the
date of receipt by the professional of the returned item,
for contracts for the supply of goods, and
from the date of notification of the withdrawal, for
contracts for the provision of services.

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If the refund does not take place within the time limit
provided for in paragraph 2, the sums due to the consumer
are, as of right, increased at the legal interest rate, to
from the day after the expiry of the time limit.

Article 352 : Reimbursement of delivery costs

Delivery costs are reimbursed at
consumer, if the right of withdrawal is exercised in
reason:

- an overrun of the delivery time by the
professional;
- a breach by the professional to one
any of its contractual obligations or
those provided for under this Book.
If the right of withdrawal is exercised for
reasons other than those provided for in the first paragraph below
above, the professional is not required to reimburse the
delivery costs to the consumer.

Article 353 : Refund of the order

Reimbursement of the order,
professional to consumer, is free of charge

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for the consumer, under the same conditions and by
the same means of payment as those used for the
payment of his order, unless expressly agreed by
consumer and provided that this reimbursement does not
does not cause him additional costs.

Article 354: Loss of the right of withdrawal within the framework
of the provision of services

The consumer loses his right of withdrawal,
within the framework of contracts for the supply of
services when the service has been provided in its entirety.

If the consumer wants the supply of the
service begins before the end of the withdrawal period, the
professional obtains its prior express agreement on
durable support.

In case of exercise of the right of withdrawal after the
commencement of the provision of the service, the
consumer is required to pay part of the price
determined in proportion to the actual service
provided, between the day of the start of the provision of the service and
the day of its notification of exercise of the right to
withdrawal.

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Article 355 : Loss of the right of withdrawal within the framework
supply of goods

The consumer loses his right of withdrawal
within the framework of contracts for the supply of
goods when it comes to:

1.goods made to measure or according to
specifications
of
consumer
personalized by the latter;

or

2.food, drink, and other goods
consumables likely to expire
quickly;
3.goods which by their nature cannot be
reshipped at the risk of deterioration;
4.goods sealed for reasons of hygiene or
health protection, and unsealed by the
consumer after delivery;
5.sealed digital audio or video content
or downloaded;
6. Newspapers, periodicals or magazines, without
prejudice to the consumer's right to terminate
subscription contracts to these publications;

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7. goods acquired through public auctions.
Article 356 : Cancellation or termination of contract

Subject to express agreement between the parties,
the professional executes the order within a deadline
maximum of thirty (30) working days, from
day after the conclusion of the contract.

In the event of a contractual breach of
professional, including exceeding deadlines
delivery, the consumer automatically obtains the
resolution or termination of the contract, by simple
notification sent to the professional by post with
acknowledgment of receipt.

In the event of termination or termination of the contract by
the consumer, the professional is bound to him
reimburse the sums due under the contract, if
applicable, within thirty (30) working days of
from the day of notification of the termination or
termination by the consumer.

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CHAPTER III
LEGAL GUARANTEES

SECTION I
OF THE CONFORMITY GUARANTEE

Article 357 : General principle

Anyone carrying out an activity of
electronic commerce in the Republic of Benin or
destination of users established in the territory of
Republic of Benin, provides goods or services
in accordance with contracts concluded with users,
and responds to any lack of conformity existing with the
delivery.

It also responds to lack of conformity
resulting from packaging, assembly instructions or
of the installation when these have been charged to it
by the contract or have been carried out under its responsibility.

Article 358 : Conditions of compliance

A good conforms to the order:

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1.if it is fit for the use usually expected
of a similar good and, where applicable:
- if it corresponds to the description given by the seller
in its offer and has the qualities that it has
presented to the purchaser;
- if it has the qualities that a purchaser can
legitimately expect with regard to statements
public statements made by the seller, by the producer or
by its representative, in particular in advertising;
2.or if it has the defined characteristics of a
by mutual agreement of the parties or is specific to
any special use sought by the purchaser,
brought to the attention of the seller and that this
last accepted.
Article 359 : Denunciation of non-compliance

The purchaser has a period of fifteen (15)
working days from its coming into possession of the
well to denounce its non-conformity to the seller. This
denunciation is made by mail with acknowledgment of
reception.

The lack of conformity that appears in
a period of twenty-four (24) months from delivery

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of the good are presumed to exist at the time of delivery,
unless proven otherwise. For second-hand goods sold,
this period is set at six (06) months.

The seller can challenge this presumption if
this is not compatible with the nature of the good or the
lack of conformity invoked.

Article 360 : Known defect

The purchaser is entitled to demand the conformity of the
good to order. However, he cannot dispute the
conformity by invoking a defect that he knew or did not
could ignore when placing the order. He is leaving
the same when the fault has its origin in the
materials that he himself provided.

Article 361 : Lack of conformity

In the event of a lack of conformity, the purchaser has the right to
choice, free of charge, between:

- keep the property and be reimbursed for part of the
price per
seller;

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- return the goods to the seller and be reimbursed for the
full price;
- return the goods to the seller and have a
new good in accordance with its order.
The provisions in paragraph 1 st shall not prevent
to the award of damages.

Article 362 : Limitation

The action resulting from the lack of conformity is
prescribed by two (2) years from the delivery of the goods.

SECTION II
THE GUARANTEE OF HIDDEN DEFECTS

Article 363 : Guarantee proper

Anyone carrying out an activity of
electronic commerce in the Republic of Benin or
destination of users established in the territory of
Republic of Benin, guarantees the goods sold against
hidden defects which make it unfit for the use for which
intended for it, or which reduce this use to such an extent that

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the purchaser would not have acquired it, or would not have given it
than a lower price, if he had known them.

Article 364 : Apparent defects

The seller is not liable for apparent defects and
of which the purchaser was able to convince himself.

Article 365 : Hidden defects unknown to the seller

The online seller of goods is obliged to guarantee this
hidden defects, even if he was not aware of them
at the time of ordering, unless in this case it
has not stipulated that it will not be bound by any guarantee.

Article 366 : Discovery of hidden defects

In case of discovery of hidden defects after
the entry into possession of the property, the purchaser has the choice,
free of charge, between:

- keep the property and be reimbursed for part of the
price per
seller;
- return the goods to the seller and be reimbursed for the
full price;
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- return the goods to the seller and have a
new good, free from defects.
There will be no grounds for terminating the contract or
decrease in price if the seller obliges himself to repair the
hidden defects.

Article 367 : Knowledge of defects by the seller

If the seller was aware of the defects in the good, it is
held, in addition to the return of the price he received and the costs
caused by the sale, all damages and
interest towards the purchaser.

If the seller was unaware of the defects in the good, it is not
given that the return of the price, and the reimbursement to
the purchaser of the costs incurred by the sale.

Article 368 : Destruction of property

If the property with the defect (s) has been destroyed
or disappears due to its poor quality, the loss is
attributable to the seller, who will be liable to the buyer to
the return of the price and, if applicable, the payment of
damages.

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If the destruction or disappearance is accidental,
the purchaser alone bears the loss.

Article 369 : Limitation

The action resulting from hidden defects is prescribed
by a period of two (2) years from the discovery
vice.

SECTION III
OF THE GUARANTEE OF EVICTION

Article 370 : Guarantee proper

The seller guarantees the purchaser of the eviction that he
suffers in all or part of the property sold, or
charges claimed on this property, and not declared during
the sale.

Article 371 : Contracts concluded between professionals

Within the framework of contracts concluded between
professionals, the parties may, by means of
particular, adjust the effects and / or obligations
related to the foreclosure guarantee. They can even

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agree that the seller will not be subject to any
guarantee.

Such an exemption cannot be applicable in
personal case of the seller.

In the same case of stipulations of exemption from
warranty, the seller, in case of eviction, is required to
return of the price, unless the purchaser has known
during the sale the danger of eviction or that he acquired
the property at its own risk.

Article 372 : Effects of the eviction guarantee

When the eviction guarantee has been promised, or
that nothing has been stipulated on this subject, if the purchaser is
evicted, he has the right to ask the seller:

- the return of the price;
- that of fruits, when he is obliged to return them to the
owner who
oust it;
- the costs incurred on the demand for guarantee of
the acquirer, and those made by the original applicant
;

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- damages, as well as costs and loyalties
contract costs.
When, at the time of eviction, the property sold is
find it diminished in value, or considerably
deteriorated, either by the negligence of the purchaser, or by
facts relating to force majeure, the seller is not
no less required to return the full price.

If, on the other hand, the purchaser took advantage of
damage made by him, the seller has the right to retain
on the price a sum equal to this profit.

Article 373 : Price increase

If the property sold is found to have increased in price
at the time of eviction, regardless of whether
of the buyer, the seller is bound to pay him what he
worth above the sale price.

Article 374 : Refund

The seller is obliged to reimburse or make
reimburse to the purchaser, by the one who evicts it, all
useful repairs and improvements made to the
well.

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Article 375 : Partial eviction

If the purchaser is only ousted from part of the
good which in relation to the whole is of such importance
that the purchaser had not acquired the property in his
together without the part from which he was ousted, he can
request resolution of the sale.

Article 376 : Limitation

The eviction guarantee ceases when the purchaser
let himself be condemned by a final judgment
spring, or whose appeal is no longer admissible, without having
called the seller, if he proves that there were
sufficient means to have the request rejected.

TITLE IV
RESPONSIBILITY OF SUPPLIERS OF
ONLINE GOODS AND SERVICES

Article 377 : General obligation of vigilance

Anyone carrying out an activity of
electronic commerce in the Republic of Benin or
destination of users established in the territory of

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Republic of Benin is bound by a general obligation
vigilance on the content and offers offered in the
framework of its services, as well as on
activities of its users.

As such, any person carrying out an activity of
electronic commerce in the Republic of Benin or
destination of users established in the territory of
Republic of Benin is required to promptly inform the
police or gendarmerie services and / or authorities
competent administrative and judicial
illegal, illicit or suspicious activity, of which it could
to know.

This general obligation of vigilance does not
does not constitute a general obligation to monitor
information transmitted or stored by users,
nor an obligation to actively seek the facts or
circumstances arising from illegal, illicit or
suspicious.

Article 378 : Protection of personal data
staff

Anyone carrying out an activity of
electronic commerce in the Republic of Benin or
destination of users established in the territory
national, is required to comply with the provisions of this

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code, relating to the protection of personal data
personnel provided for in Book V.

Without prejudice to the provisions of Book V, the
people carrying out a business activity
electronics in the Republic of Benin or intended for
users established in the national territory, are required
to inform their users of any breach of
safety that may affect the
confidentiality of their personal data.

BOOK FIFTH
PROTECTION OF CHARACTER DATA
STAFF

TITLE I
GENERAL PRINCIPLES

Article 379 : Purpose and principles

The provisions of this Book are intended
objective of establishing a legal framework for the protection of
private and professional life following the collection,

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processing, transmission, storage and use of
personal data.

This device must ensure that any treatment,
whatever the form, respects freedoms and rights
fundamentals of natural persons regardless of
be his nationality or his residence while taking into
take into account the prerogatives of the State, the rights of
local communities and the purposes for which
companies were created.

IT must be at the service of each
citizen. Its development must take place within the framework
international cooperation. She must not wear
violation of human identity or human rights,
neither to private life, nor to individual or public freedoms.

Article 380 : Material scope

The provisions of this Book apply
in particular to:

1.Any collection, any processing, any
transmission, storage and use of
personal data by a person
physical, by the State, local authorities,

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legal persons governed by public law or law
private;
2. any automated processing in whole or in part,
as well as any non-automated processing of
personal data contained or
called to appear in a file, with the exception of
the processing referred to in paragraph 2;
3.any processing of data concerning the
public security, defense, research and
prosecution of criminal offenses or the safety and
essential interests of the State, subject to the
derogations defined by provisions
specific provisions laid down by other legal texts
force.
Any collection, processing, transmission,
storage and use of personal data
however, remain subject to national provisions,
community,
regional
and
applicable in commercial, civil and criminal matters.

international

Article 381 : Territorial scope

The provisions of this Book apply to
processing of personal data carried out
as part of the activities of a person responsible for
treatment or a subcontractor in the territory of the
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Republic of Benin, whether or not the processing takes place in
Republic of Benin.

The provisions of this Book apply to
processing of personal data relating to
of the people concerned who are in the territory
of the Republic of Benin by an official from
treatment or a processor that is not established in
Republic of Benin, when processing activities
are linked :

1. the offer of goods or services to these people
concerned in the Republic of Benin, that a
payment is required or not from such persons;
or
2. monitoring the behavior of these people,
insofar as it is a behavior which
takes place within the Republic of Benin;
3.the processing is implemented in the territory
from an ECOWAS member state.
The provisions of this Book apply to
processing of personal data by a
controller who is not established in
Republic of Benin but in a place where the law of
Republic of Benin applies by virtue of the law
international public.
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Article 382 : Exclusions

The provisions of this Book do not apply
not to the processing of data used by a
natural person within the exclusive framework of its activities
personal or household when this data is not
are not intended for communication to third parties or to
diffusion.

The provisions of this Book cannot
restrict:

1.Information production methods
available by law for a party
in any legal proceedings whatsoever;
2.the power of the courts and tribunals of
compel a witness to testify or
compel the production of evidence.

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TITLE II
PROCESSING OF CHARACTER DATA
STAFF

CHAPTER I
GENERAL PROVISIONS

Article 383 : General conditions of lawfulness of
personal data processing
staff

Personal data must be:

1. treated legitimately;
2.collected, recorded, processed, stored and
transmitted in a lawful, fair and transparent manner
and not fraudulent;
3.collected for specific purposes,
explicit and legitimate and not to be processed
subsequently in a manner incompatible with these
purposes, taking into account all the factors
relevant,
especially
of
reasonable terms of the interested party and the
applicable laws and regulations;

forecasts

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4.adequate, relevant and not excessive in terms of
with regard to the purposes for which they are
collected and processed;
5. accurate and, if necessary, kept up to date. All the
reasonable steps must be taken to
that inaccurate or incomplete data,
with regard to the purposes for which they are
collected or for which they are processed
subsequently be erased or corrected;
6.preserved in a form that allows
identification of the persons concerned
for a period not exceeding that
necessary to achieve the purposes for
which they are collected or for
which they are processed.
Personal data
can be kept for longer periods
long insofar as they will be processed
exclusively for archival purposes in
public interest, for research purposes
scientific or historical or for
statistics in accordance with Article 396, for
as long as the measures are implemented
appropriate technical and organizational
required by the provisions of this Book in order to
to guarantee human rights and freedoms
concerned;

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7.treated in such a way as to ensure safety
appropriate personal data, including
including protection against processing not
authorized or unlawful and against loss,
destruction or accidental damage,
ugly
of
measures
techniques
appropriate organizational structures.

or

It is the responsibility of the controller
to ensure compliance with the first paragraph.

Article 384 : Principle of transparency

The principle of transparency implies
mandatory and clear information as well as intelligible
part of the controller relating to
personal data.

Article 385 : Principle of confidentiality and security

Personal data must be
treated confidentially and be protected,
especially when the processing involves
data transmissions in a network.

Article 386 : Subcontractor

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Anyone processing personal data
staff on behalf of the controller
is considered a subcontractor within the meaning of
this Book.

When the treatment is entrusted to a subprocessor, the controller or, where applicable,
its representative in the Republic of Benin must:

1.choose a subcontractor providing guarantees
sufficient with regard to security measures
technical and organizational
treatments, in particular to ensure the
implementation of security and
confidentiality, so that the processing
meets the requirements of this Book and
guarantees the protection of the rights of individuals
concerned;
2. ensure compliance with the measures of point i. thisabove, in particular by the stipulation of
specific mentions in the contracts
with subcontractors;
3.fix in the contract, the responsibility of the subprocessing with regard to the controller and
the obligations incumbent on the subcontractor in
safety and security protection
data confidentiality;

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4. agree with the subcontractor that the latter does not act
only on the instruction of the person in charge of
processing and is bound by the same obligations
than those to which the person in charge of
processing is required;
5.report in writing or on a medium
electronic the elements of the contract referred to in
this article.
Anyone acting under the authority of the
controller or that of the processor, as well
that the subcontractor himself, who accesses data
of a personal nature, can only process them on
instruction from the controller, except in the case of
an obligation imposed by or by virtue of a law, a
decree or ordinance.

Article 387 : Principle of responsibility of the person responsible for
treatment

The controller or his
representative must in particular:

1.Exercise due diligence to keep the data
day, to rectify or delete the data
inaccurate, incomplete, or irrelevant, as well
than those obtained or processed in

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disregard of articles 383, 389, 395, 396
and 397 of this code
2.ensure that, for persons acting under
its authority, access to data and
treatment options are limited to what
these people need for the exercise of their
functions or what is necessary for the
service requirements;
3.inform the people acting under its
authority of the provisions of this Book and of
its application texts, as well as any
relevant requirement, relating to the protection of
privacy with regard to the processing of
personal data;
4.Ensure program compliance
used for the automated processing of data to
personal character with the terms of the
declaration referred to in Article 405 as well as the
regularity of their application;
5.implement all technical measures
and the appropriate organization to ensure the
protection of the data it processes against
accidental or unlawful destruction, loss
accidental alteration, dissemination or access
unauthorized, especially when processing
involves data transmissions in a

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network, as well as against any other form of
unlawful processing;
6.prevent any unauthorized person
to access the facilities used for the
data processing ;
7.protect data carriers from being
be read, copied, modified or moved by a
unauthorized person;
8.Prevent the unauthorized introduction of any
given in the information system, as well as
any knowledge, any modification
or any unauthorized deletion of data
recorded;
9.Prevent treatment systems from
data are used for money laundering purposes
capital and terrorist financing;
10. prevent that, when communicating
data and the transport of data carriers,
the data can be read, copied,
modified, altered or deleted in a way that is not
authorized;
11.Ensure that when using a control system
automated data processing, individuals

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authorized can only access data
falling under their authorization;
12. to guarantee that can be verified and ascertained
the identity of third parties to whom data may
be transmitted by facilities of
transmission;
13. ensure that it can be verified and observed
posteriori the identity of the persons having had access
to the information system containing
personal data, the nature of
data that have been entered, modified,
altered, copied, erased or read in the
system, when this data was
manipulated;
14. safeguard the data by the constitution of
protected backup copies.
The controller is required to establish a
annual report on behalf of the Authority concerning the
compliance with paragraphs 1 and 2.

Article 388 : Joint controllers

When two or more controllers
jointly determine and the means of treatment,

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they are the joint controllers. The
joint controllers define
transparent manner their respective obligations to
for the purpose of ensuring compliance with the requirements of this Book,
in particular with regard to the exercise of the rights of
data subject, and their respective obligations
with regard to the communication of the information referred to in
Articles 415 and 416, by agreement between them. A point
of contact for the persons concerned can be
designated in the agreement.

The agreement referred to in paragraph 1 duly reflects the roles
respective joint controllers and
their relations with the people concerned. The
outline of the agreement are made available to
the person concerned.

Regardless of the terms of the agreement referred to in
paragraph 1, the data subject can exercise the rights
conferred on it by the provisions of this Book with regard to
of and against each of the data controllers.

Article 389 : Principle of consent and legitimacy

Processing of personal data
is considered legitimate if the data subject
gives consent.

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However, this requirement of the
consent when processing is necessary:

1.for compliance with a legal obligation to which the
controller is submitted;
2.for the performance of a mission of public interest or
coming under the exercise of public authority, of which
the controller or the third party
to whom the data are communicated;
3.for the performance of a contract to which the person
concerned is a party or to the execution of measures
pre-contractual agreements taken at its request;
4.for the protection of the interests or rights
fundamental or privacy
physical concerned.
When the processing for a purpose other than that
for which the data was collected is not
based on the consent of the data subject, the
controller, in order to determine whether the
processing for another purpose is compatible with the purpose
for which the personal data were
initially collected, takes into account, among other things:

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1.the possible existence of a link between the
purposes for which the personal data
personnel were collected and the purposes of
further treatment envisaged;
2.the context in which the personal data
personnel were collected, in particular in
which concerns the relationship between people
data subjects and the controller;
3. the nature of the personal data,
in particular if the processing relates to
special categories of personal data
personal data, or if personal data
personnel relating to criminal convictions
and offenses are dealt with, under
section 395 and if not;
4.possible consequences of the treatment
later envisaged for people
concerned;
5.the existence of appropriate guarantees, which
may include encryption or
pseudonymization.
Article 390 : Conditions applicable to consent

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In cases where treatment is based on
consent, the controller is in
able to demonstrate that the data subject has given
their consent to the processing of personal data
personnel concerning her.

If the consent of the data subject is
given as part of a written statement that concerns
also other questions, the request of
consent is presented in a form that
clearly distinguished from these other questions, under a
understandable and easily accessible form, and
worded in clear and simple terms.

No part of this statement which constitutes
a violation of this Book is not binding.

The data subject has the right to withdraw his
consent at any time. Withdrawal of consent
does not compromise the lawfulness of processing based on
consent made before this withdrawal. The person
concerned is informed before giving his
consent. It should be as easy to remove as it is to
give consent.

When determining whether consent is
freely given, the utmost account should be taken
whether, among other things, the execution of a

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contract, including the provision of a service, is
subject to consent to data processing
of a personal nature that is not necessary for
the execution of the said contract.

Article 391 : Transfer of personal data
to a third State or an international organization General rules

The transfer of personal data
being transferred to a third State or a
international organization can only take place when
the Authority notes that the State or the Organization
International in question provides a level of protection
equivalent to that established by the provisions of
this Book.

The equivalent and sufficiency of the level of
protection is assessed with regard to all
circumstances relating to a transfer of data or
a category of data transfers.

In order to determine this equivalent character and
sufficient, in particular, account is taken of:

1.the rule of law, respect for human rights and
fundamental freedoms, legislation

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relevant, both general and sectoral,
especially in the field of security
public, defense, national security and
criminal law as well as access by the authorities
public to personal data,
same as the implementation of said legislation,
data protection rules,
professional rules and measures of
safety, including rules relating to
subsequent transfer of personal data
personnel to another third country or to another
international organization that are respected
in the third country or by the organization
international law in question, case law, as well
that the effective and enforceable rights of which
benefit the people concerned and
administrative and judicial remedies that can be
effectively
introduce
the
concerned including personal data
staff are transferred;

people

2. the existence and effective functioning of one or
several independent supervisory authorities
in the third country, or to which a
international organization is submitted,
responsible for ensuring compliance with the rules
data protection matters and to make them
enforce, including by appropriate powers
application of said rules, to assist and
advise the people concerned in

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exercise their rights and cooperate with
supervisory authorities of the Member States of
Economic Community of African States
from West ; and
3. the international commitments made by the country
third party or the international organization in question,
or other obligations arising from agreements
or legally binding instruments
as well as its participation in systems
multilateral or regional, in particular in
which concerns data protection at
personal character.
Before any actual data transfer to
personal character to a third country or an organization
international, the controller must
obtain prior authorization from the Authority.

Transfers of personal data
to third countries or an international organization
are subject to regular control by the Authority with regard to
of their purpose.

Article 392 : Exceptions

A transfer or category of transfers of
personal data to a third country or a

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international organization and not ensuring a level
adequate protection, can be done in one of the cases
following:

1.the data subject has expressly given
their consent to the proposed transfer;
2.the transfer is necessary for the execution of a
contract between the data subject and the
responsible for processing or measures
prior to the conclusion of this contract, taken at
the request of the person concerned;
3.the transfer is necessary for the conclusion or
the performance of a contract concluded or to be concluded,
in the interest of the data subject, between the
controller and a third party;
4.the transfer is necessary or made
legally binding for safeguarding
of important public interest, or for the
establishment, exercise or defense of a right
in justice ;
5.the transfer is necessary to safeguard the
vital interests of the data subject;
6.the transfer takes place at the start of a register
public which, by virtue of legislative or

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regulations, is intended for the information of
public and is open to public consultation or
any person showing a legitimate interest,
insofar as the legal conditions for
consultation are fulfilled in the case
particular.
Without prejudice to the provisions of this article, the
Council of Ministers may by decree and after opinion
compliance with the Authority, authorize a transfer or
set of transfers of personal data
to a third state or an international organization
not ensuring an adequate level of protection and
sufficient, when the controller offers
sufficient guarantees with regard to the protection of life
privacy and the fundamental rights and freedoms of
persons, as well as with regard to the exercise of rights
correspondents.

Article 393 : Interconnection of files containing
personal data

The interconnection of files referred to in article 405
of this code must make it possible to achieve
legal or statutory having a legitimate interest in
data controllers. She can not
lead to discrimination or reduction of rights,
freedoms and guarantees for the data subjects nor
be accompanied by appropriate security measures and must

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in addition, take into account the principle of relevance of
data subject to interconnection.

CHAPTER II
PERSONAL DATA SUBJECT TO REGIMES
INDIVIDUALS

Article 394 : Sensitive data

Processing of personal data
revealing racial or ethnic origin, opinions
politics, religion or beliefs, belonging
union, as well as data processing
genetic, biometric data for the purposes of
to uniquely identify a natural person,
health data or data
concerning the sex life or sexual orientation of a
natural person are prohibited.

The prohibition on processing personal data
personnel referred to in paragraph 1 of this article shall not
not applicable in the following cases:

1.processing of personal data
relates to data clearly rendered
public by the data subject;

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2.the data subject has given his
explicit consent to the processing of these
personal data for one or
several specific purposes, except when the
law in force in the Republic of Benin provides
that the prohibition referred to in paragraph 1 cannot
be lifted by the person concerned. The
consent can be withdrawn at any time
free of charge by the person concerned;
3.processing of personal data
is necessary to safeguard vital interests
of the data subject or of another
person in the event that the person concerned
is physically or legally incapacitated
to give consent;
4.processing of personal data
is necessary for a reason of public interest;
5.the processing is necessary for the performance of a
mission of public interest or is carried out by a
Public authority or is assigned by an Authority
public to the controller or to a
third party, to whom the data is communicated;
6.the processing is carried out in execution of laws
relating to official statistics;

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7.treatment is necessary for medicinal purposes
prevention or occupational medicine,
medical diagnostics, administration of
care or treatment either to the person
concerned, either to a parent, or the management of
health services acting in the interest of
data subject and the processing is carried out
under the supervision of a healthcare professional
health ;
8.treatment is necessary for reasons
of public interest in the field of health
public, such as threat protection
serious cross-border issues affecting health,
in order to guarantee high standards of quality and
safety of health care and
drugs or medical devices on the
basis of the law in force, which provides for measures
appropriate and specific for safeguarding
the rights and freedoms of the data subject,
in particular professional secrecy;
9. the processing is necessary for the performance of a
purpose set by or by virtue of the provisions of
this Book, in view of the application of the
social Security ;
10. the processing is necessary for the performance of a
contract to which the data subject is a party
or the execution of pre-contractual measures

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taken at the request of the person concerned
during the pre-contractual period;
11. the processing is necessary for compliance with a
legal or regulatory obligation to which the
controller is submitted;
12. processing is necessary in order to perform the
obligations and specific rights of the
controller in matters of the law of
job ;
13. the processing is carried out by associations
with legal personality or by
public utility establishments whose
main social object defense and promotion
human rights and freedoms
fundamental, with a view to achieving this
object, provided that this processing is authorized
by the Authority and that the data is not
communicated to third parties without consent
written by the persons concerned, whether on
a paper medium, electronic medium or all
other equivalent medium;
14. the processing is carried out within the framework of
legitimate activities and subject to guarantees
appropriate from a foundation, an association
or any other non-profit organization and
political, philosophical, religious purpose,

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mutualist or union. However, the treatment
must relate exclusively to members or
former members of this organization or
people maintaining contact with him
on a regular basis linked to its objectives and its purpose, and that
the data is not communicated to a
external third party without the consent of
persons concerned ;
15. the processing is necessary for the purposes
archives in the public interest, for the purposes of
scientific or historical research or for
statistics, in accordance with Article 396.
The personal data referred to in
paragraph 1 may be processed for the purposes
provided for in paragraph 2, point viii, if these data are processed
by a health professional subject to an obligation
professional secrecy in accordance with the law in
Republic of Benin or to the rules adopted by the
competent national bodies, or under its
responsibility, or by another person as well
subject to an obligation of secrecy in accordance with
Benin law or the rules adopted by the organizations
competent nationals.

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Article 395 : Personal data relating to
criminal convictions and measures
related safety

Personal data processing
personnel relating to offenses, convictions
criminal law and related security measures may
only be implemented by:

1.the courts, public authorities and
legal persons managing a public service in
within the framework of their legal powers, in particular
their judicial police missions or
administrative;
2. the auxiliaries of justice, for the strict needs
the exercise of the missions entrusted to them
by law, in particular by lawyers or other
legal advice, in so far as the defense of
their customers demand it;
3.by other persons when the treatment is
necessary for the achievement of purposes set by
or by virtue of a law, decree or
order ;
4.by natural persons or by
legal persons governed by public law or law

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private as long as the management of their own
litigation requires it.
The processing of data relating to
criminal convictions or security measures
related is prohibited except when processing is
necessary for compliance with a legal obligation or
regulatory framework to which the controller is
subject, or the performance of a mission carried out for
important reasons of general interest, insofar as this
processing is authorized by the law of the Member States of
ECOWAS or by the legislation of a Member State
providing adequate guarantees.

A complete register of criminal convictions
can only be held under the control of the Authority
public.

The persons referred to in paragraph 1 st are subject
professional secrecy.

Article 396 : Personal data for purposes
historical, statistical or
scientists

Further processing of personal data
personnel for historical, statistical or
scientists are prohibited.
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The prohibition of processing personal data
staff referred to in paragraph 1 st does not apply in
following cases:

1.the objective of the research cannot be
reasonably achieved without these
information is provided in a form
to identify

the individual;

2.Information is disclosed on condition
that they are not used to contact
one person to participate in a study;
3.the registered link does not prejudice the
data subject and the benefits deriving from
of the recorded link are clearly of interest
public;
4.the controller concerned has
approved all the conditions relating to:
- security and confidentiality;
- the withdrawal or destruction of individual identifiers
as soon as possible ;
- the prohibition of any use or disclosure
later of this information in a form
allowing
to identify

the

people

without

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the express authorization of the controller
; and
5.the person to whom this information is
communicated has signed a contract committing to
comply with the approved conditions,
provisions of this Book, policies and
controller procedures
relating to the confidentiality of information
personal character.
Further processing of personal data
personnel for historical, statistical or
scientists carried out using anonymous data is
admitted.

Article 397 : Personal data for the purposes of
journalism, research, expression
artistic or literary

Processing of personal data
produced for the purposes of journalism, research or
artistic or literary expression is admitted when it is
implemented for the sole purpose of literary expression and
artistic or professional exercise of the activity
journalist or researcher, in accordance with the rules
ethics of these professions.

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Article 398 : Application of the provisions of related laws
to the written press and / or to the sector
audiovisual and penal code

The provisions of this Book do not
obstacle to the application of the provisions of the laws relating to
to the written press or to the audiovisual and code sector
criminal law which provide the conditions for exercising the right to
response and which prevent, limit, repair and, where
appropriate, punish invasions of privacy and
reputation of natural persons.

Article 399 : Processing not requiring identification

If the purposes for which the data to be
personal character are processed do not impose or
no longer require the controller to identify
a data subject, he or she is not required to
keep, obtain or process information
additional to identify the data subject to
the sole purpose of respecting the provisions of this Book.

When, in the cases referred to in paragraph 1 st of
this article, the controller is able to
demonstrate that he is unable to identify the
data subject, it informs the data subject,
if possible. In such a case, Articles 437, 438, 441 and 443
are not applicable, except when the person

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concerned provides, for the purposes of exercising the rights
provide these articles, additional information
that allow it to be identified.

Article 400 : Prohibition of direct prospecting

Direct prospecting is prohibited
within the meaning of article 332 of this code.

Article 401 : Basis of a court decision Aspects of the personality of a
Physical person

No court decision involving a
appreciation of a person's behavior
physical cannot be based on a treatment
automated, including profiling, of data to
personal character intended to assess certain aspects of
her personality.

No decision producing legal effects
towards a person or affecting him in a way
significant cannot be taken on the sole basis of a
automated data processing intended to evaluate
certain aspects of his personality.

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The prohibition referred to in the preceding paragraphs does not
does not apply when the decision is made within the framework
of a contract or is based on a provision provided for by
or under the provisions of this Book, a decree
or a prescription. This contract or provision
must contain appropriate measures, ensuring
the protection of the legitimate interests of the interested party. It
at least the latter must be allowed to assert
usefully his point of view.

Article 402 : Additional measures

When processing personal data
personnel referred to in articles 394 and 395 of this code,
the controller must take the measures
additional following:

1.the categories of people, having access to
personal data, must be
designated by the controller or, the
where applicable, by the subcontractor, with a
precise description of their function in relation to
the processing of the data concerned;
2.the list of categories of people as well
designated must be made available to
the Authority by the controller or, the
where applicable, by the subcontractor;

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3.He must ensure that the designated persons
are bound by a legal obligation or
statutory, or by a contractual provision
equivalent, respecting confidentiality
of the data concerned;
4.when the information, due under Articles
415 and 416 of this code, is communicated to
the person concerned or during the declaration
referred to in Article 405, paragraph 1 of this
code, the controller must
mention the legal or regulatory basis
authorizing the processing of personal data
personnel referred to in Articles 394 and 395 of
this code.
Article 403 : Additional information

When the processing of personal data
personnel, referred to in articles 394 and 395 of this code,
is exclusively authorized by the written consent that
whether on paper, electronic or all
other equivalent medium, from the person concerned, the
controller must first
communicate to the person concerned, in addition to
information due under Articles 415 and 416 of the
this code, the reasons for which these data are
processed, as well as the list of categories of people
having access to personal data.

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Article 404 : Authority relationship

When the processing of personal data
personnel, referred to in articles 394 and 395 of this code,
is exclusively authorized by the written consent that
whether in a paper medium, electronic medium or any
other equivalent medium of the person concerned, this
treatment remains, however, prohibited when the
controller is the employer present or
potential of the data subject or when the
the person concerned is in a situation of
dependence on the controller who
prevents him from freely refusing to give his
consent.

This prohibition is lifted when the processing
aims to grant an advantage to the data subject.

CHAPTER III
FORMALITIES AND PREREQUISITES
PROCESSING OF CHARACTER DATA
STAFF

Article 405 : Obligation to declare

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Automated or non-automated processing
carried out by public or private bodies and
containing personal data must,
prior to their implementation, be subject to a
prior declaration to the Authority or be registered
in a register kept by the person designated for this purpose
by the controller.

Apart from the cases provided for by the provisions of
this Book, all processing of personal data
personnel are subject to a declaration obligation
to the Authority.

Article 406 : Simplification of the reporting obligation

For the most common categories of
processing of personal data including
implementation is not likely to prejudice
privacy or fundamental rights and freedoms,
the Authority establishes and publishes standards for
simplify the reporting obligation.

These standards can take into account the codes
of driving approved by the Authority.

Article 407 : Types of processing to be implemented
after authorization

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The Authority determines the categories of
treatments that present specific risks to the
with regard to the fundamental rights and freedoms of individuals
concerned and which require authorization from
the Authority.

Such authorizations are granted after
receipt of the request for authorization from the person in charge
of the treatment or its representative, who, in case of doubt,
must consult the Authority.

Are implemented after prior authorization
of the authority :

1. the data processing referred to in articles
394 and 397 of the present

coded ;

2. processing relating to a national number
identification or any other identifier of the
same nature;
3.processing of personal data
staff
comprising
biometric;
4.processing of personal data
personnel with a motive of public interest,

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in particular for historical, statistical or

of

data

scientists;
5.processing of personal data
personnel whose purpose is to interconnect
files;
6.transfer of personal data
intended for a third country;
7. automated processing likely, due to
their nature, scope or purposes,
to exclude people from the benefit of a right,
of a service or a contract in the absence of
any legislative or regulatory provision;
8. automated data processing
including assessments of the difficulties
social people.
The authorization request is presented by the
controller or his representative.

Authorization does not exempt from liability
with regard to third parties.

For the application of this article, the
processing which meets the same purpose, carries

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on identical data categories and have the
same recipients or categories of recipients and
can be authorized by a single decision of the
commission. In this case, the person responsible for each
processing sends the Authority a commitment to
compliance thereof with the description in
authorization.

Article 408 : Exemptions

The Authority may exempt certain categories of
processing of the reporting obligation when:

1. in view of the data processed, there is no
clearly no risk of infringement of rights
and individual freedoms
concerned and that the purposes of the
processing, the categories of data processed, the
categories of data subjects,
categories of recipients and the duration of
data retention;
2.the controller appoints a delegate
to the protection of personal data
staff to ensure that treatments do not
are not likely to affect the
rights and freedoms of the persons concerned. The
correspondent is responsible in particular:

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- ensure, in an independent manner, the application
internal provisions of this Book;
- keep a register of the processing operations carried out by the
controller, containing the
information referred to in Articles 415 and 416 of
this code.
The benefit of simplifying or
exemption from the obligation to report does not exempt the
data controller
staff of any of the other obligations arising from the
this code.

Processing carried out by public authorities
cannot benefit from the declaration exemption
established by paragraph 1 st .

Article 409 : Formalities for requests for opinions,
declaration and authorization

Requests for opinions, declarations and
authorization must contain at least:

1.identity, full address or name
social responsibility of the controller or, if the
it is not established on the territory of the Republic

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of Benin, the contact details of its representative
duly authorized;
2.the purpose (s) of the processing as well as the
general description of his duties;
3. the interconnections envisaged or any other
forms of connection with others
treatments;
4.the personal data processed, their
origin and categories of persons
concerned by the processing;
5.the period beyond which the data does not
can more, if necessary, be kept,
used or disseminated;
6.the service (s) responsible for implementing the
treatment as well as the categories of persons
who, by reason of their duties or for
needs of the service, have direct access to
recorded data;
7. the recipients or categories of recipients
authorized to receive data communication;
8.the function of the person or the department with
from which the right of access is exercised;

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9.the arrangements made to ensure safety
processing and data including
guarantees that must surround communication
to third parties;
10. indication of the use of a subcontractor;
11. transfers of personal data
intended for a third State, under
reciprocity reserve;
12. the commitment that the treatments are
in accordance with the provisions of this Book.
The Authority may define other information
to be contained in requests for opinions,
declaration and authorization.

Article 410 : Exemptions from formalities

The following formalities are exempted:

1. the processing mentioned in article 382, ​paragraph
1 st of this code;
2.treatments having the sole purpose of keeping
a register intended for exclusive use
private;
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3.processing of personal data
staff implemented by organizations
public or private for the holding of their
General Accounting ;
4.processing of personal data
staff implemented by organizations
public or private related to the management of
remuneration of their staff;
5.processing of personal data
staff implemented by organizations
public or private for the management of their
suppliers;
6.treatments implemented by an association
or any non-profit organization and
religious, philosophical, political or
union as soon as these data correspond
to the purpose of this association or this
organism, that they only concern their
members and that they should not be
communicated to third parties.
Article 411 : Processing of personal data
staff on behalf of the service
public

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Processing of personal data
personnel operated on behalf of the State, a
public institution or a local authority or a
private legal person managing a public service
are authorized by decree taken in the Council of Ministers
after reasoned opinion of the Authority.

These treatments relate to:

1.state security, defense or security
public;
2.the prevention, research, observation or
prosecution of criminal offenses or
the execution of criminal convictions or
security measures;
3. the population census;
4.personal data making
appear, directly or indirectly, the
racial, ethnic or regional origins, the
filiation, political opinions, philosophical
religious or union membership of
people, or that relate to health or
life
sexual;

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5.the treatment of wages, pensions, taxes, duties
and other liquidations.
The Authority's opinion is published with the decree
authorizing or refusing treatment.

Article 412 : Time limit

The Authority must take a decision within
sixty (60) days from receipt of the
request for an opinion, declaration or authorization.

However, this time limit may be extended once, by
thirty (30) days by reasoned decision of the Authority.

If the requested notice, declaration or authorization
to the Authority is not returned within the time limit set, the response
is deemed favorable.

Article 413 : Method of requesting an opinion, declaration or
authorization

The request for an opinion, a declaration or
authorization may be sent to the Authority by
electronic or by post or by any other means
against delivery of an acknowledgment of receipt by the Authority.

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Article 414 : Obligations and powers of the body responsible for
monitoring compliance with the code of conduct

Monitoring compliance with the code of conduct can
be carried out by an organ which has a level
of expertise appropriate to the subject of the code and which
is approved for this purpose by the Authority.

The body referred to in the first paragraph may be approved
to monitor compliance with the code of conduct when this
organ has:

1.demonstrated, to the satisfaction of the Authority, its
independence and expertise with regard to
the purpose of the code;
2.established procedures that allow it
to assess whether the data controllers and
the subcontractors concerned meet the
conditions to apply the code, to control
compliance with its provisions and to examine
periodically its operation;
3.established procedures and structures for
handle complaints about violations
code or how the code was or is
applied by a controller or a
subcontractor and to make these procedures and

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transparent structures with regard to people
stakeholders and the public; and
4.shown, to the satisfaction of the Authority, that its
tasks and missions do not lead to conflict
of interest.
The body referred to in the first paragraph of this article
takes, subject to appropriate guarantees,
appropriate measures in the event of a breach of the code by a
controller or a processor, and may
in particular suspend or exclude the person responsible for
processing or the relevant subcontractor of the application
code. It informs the Authority of these measures and
reasons they were taken.

The Competent Authority revokes the approval of
the body referred to in paragraph 1 st if the approval conditions
are not or no longer met or if the measures taken
by the body constitute a violation of the provisions of
this Book.

The control of the processing carried out by
public authorities and public bodies as well as
administrative sanctions for their non-compliance with
present book, are the exclusive competence of
the Authority.

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This prerogative cannot be delegated to a
third organ.

CHAPTER IV
RESPONSIBLE OBLIGATIONS
TREATMENT

Article 415 : Information obligation - Collection of
data from the person whose
the data is subject to
treatment

The controller or his
representative must provide the person whose data
are processed, at the latest, during collection
and whatever the means and supports used,
minus the following information:

1. his identity and address of residence
usual or the main establishment and, the
if applicable, the contact details of his
representative;
2.if applicable, the contact details of the delegate
Data protection ;

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3.the determined purpose (s) of the processing
to whom the data are intended when the
processing is based on legitimate interests
pursued by the controller or
by a third party;
4. the categories of data concerned;
5.the recipient (s) to whom the data are
likely to be communicated;
6.the fact of being able to request not to appear on
the file ;
7.existence of a right to object, upon request
and free of charge, to the processing of data at
personal character concerning her considered at
prospecting, particularly commercial purposes,
charitable or political;
8.the obligatory nature of the answer, the
regulatory or contractual nature as well as
the possible consequences of a failure to
reply ;
9. the existence of a right of access to the data
concerning and rectification or erasure of
those data ;

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10. when the processing is based on the existence of
right to withdraw consent at any time,
without affecting the lawfulness of the processing
based on consent given before
withdrawal of it;
11. the right to lodge a complaint with
the Authority;
12. the retention period of the data;
13. the existence of automated decision-making, including
including profiling, referred to in article 401 and, in
less in such cases, useful information
concerning the underlying logic, as well as
the significance and expected consequences of this
processing for the data subject;
14. the possibility of any data transfer to
destination of third countries.
Article 416 : Information obligation when the data
are not collected from the
person whose data are subject
a treatment

When the data has not been collected
to the person concerned, the person responsible for
treatment or its representative, as soon as the

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data or, if data communication to a third party
is envisaged, at the latest at the time of the first
data communication, provides the person
concerned, unless it is already informed, at least the
information listed below, unless the person
concerned is already informed:

1.the name and address of the controller
and, where applicable, its representative;
2.if applicable, the contact details of the delegate
Data protection ;
3. the purpose (s) of the processing;
4.existence of a right to object, upon request
and free of charge, to the processing of data at
personal character concerning her for the purposes of
direct prospecting, in particular commercial prospecting,
charitable or political. In this case, the person
concerned is informed before any data to
personal character are for the first time
times communicated to third parties or used for
the account of third parties for prospecting purposes;
5.other additional information, including
understood :
- the categories of data concerned;

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- the recipients or categories of recipients;
- the retention period of the data;
- the possibility of any data transfer to
destination of third countries,
- when the processing is based on interest
legitimate pursued by the controller
or by a third party;
- the existence of a right of access to the data
concerning and rectification or erasure of these
data;
-

when the processing is based on the existence of the
right to withdraw consent at any time,
without affecting the lawfulness of the processing based on
on the consent given before its withdrawal
this ;

- the right to lodge a complaint with
the Authority;
- the source from which the personal data come
personnel and, where applicable, a statement indicating
that they come from sources accessible to the
public;

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- the existence of automated decision-making, including
including profiling, referred to in Article 401 and, at least
in such cases, useful information regarding the
underlying logic, as well as the importance and
expected consequences of this treatment for the
concerned person.
The controller provides the
information referred to in the first paragraph:

1.within a reasonable time after obtaining the
personal data, but do not
not exceeding thirty (30) days, having regard to
special circumstances in which
personal data are processed;
2.whether the personal data must be
used for communication with the
person concerned, at the latest at the time of
the first communication to said person; or
3.if it is planned to communicate the
information to another recipient, at the latest
when the personal data is
communicated for the first time.
When he intends to carry out treatment
subsequent personal data for a
purpose other than that for which the data to be

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personal character have been obtained, the person responsible for
processing provided in advance to the data subject
information about this other purpose and any
other relevant information referred to in paragraph 1 st .

Article 417 : Exemptions

The controller is exempt from
provide the information referred to in Articles 445 and 446,
when :

1.particularly for processing for the purposes of
statistics, historical or scientific or for
screening motivated by protection and
promotion of public health, information
the data subject turns out to be impossible or
involves disproportionate effort;
2.the data subject already has these
information;
3.the recording or communication of
personal data is carried out in
for the application of a provision of a law or
of a decree.

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Article 418: Transparency of information and
communications and modalities for the exercise of
the person concerned

The controller takes action
appropriate to provide any information referred to in
articles 415 and 416 as well as to carry out any
communication under Articles 437 and 443 and
Article 410, with regard to processing at the
person concerned in a concise, transparent manner,
understandable and easily accessible, in terms
clear and simple, especially for any information
intended specifically for a child. Information
are provided in writing or by other means including,
where appropriate, electronically. When the
data subject requests it, the information
may be provided orally, provided that the identity
of the data subject is demonstrated by others
means.

Article 419 : Facilitation of the exercise of rights by the
controller

The controller facilitates the exercise
of the rights conferred on the data subject under the
Articles 437 and 443. In the cases referred to in Article 399,
paragraph 2, the controller does not refuse to
respond to the request of the person concerned

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to exercise the rights conferred on him by articles 437 and
443, unless the controller
demonstrates that he is unable to identify the
concerned person.

Article 420 : Provision of information by the
controller

The controller provides the
data subject information about the measures
taken following a request made pursuant to
articles 437 and 443, as soon as possible and in full
case within thirty (30) days from
upon receipt of the request. If necessary, this delay can
be extended by sixty (60) days, taking into account the
complexity and number of requests. The manager
processing informs the data subject of this
extension and the reasons for the postponement within
thirty (30) days from receipt of the request.
When the data subject submits their request
in electronic form, the information is
provided electronically when possible, to
unless the person concerned requests that
or otherwise.

If the controller does not give
following the request made by the data subject,
he informs the latter without delay and at the latest within a

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thirty (30) days from receipt of the
asks for reasons for inaction and for the possibility
lodge a complaint with the Authority and
lodge a judicial appeal.

Article 421 : Conditions for free information

No payment is required to provide the
information under Articles 415 and 416 and for
make any communication and take any action
under Articles 437 and 443 and Article 427. When
the requests of a data subject are
manifestly unfounded or excessive, in particular in
because of their repetitive nature, the person in charge of
treatment can:

1.require the payment of reasonable costs which
take into account administrative costs
supported to provide information, proceed
communications or take action
requested; or
2. refuse to act on these requests. It
is the responsibility of the controller
demonstrate the manifestly unfounded character
or excessive demand.
Article 422 : Confirmation of identity

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Without prejudice to the provisions of article 399,
when the controller has doubts
reasonable as to the identity of the natural person
submitting the request referred to in Articles 437 and 443, he
may ask for information to be provided
necessary to confirm the identity of the
the person concerned.

Article 423 : Standard icons

Information to communicate to people
concerned in application of Articles 415 and 416
can be supplied with icons
standardized in order to provide a good overview,
easily visible, understandable and clearly legible,
of the planned treatment. When icons are presented
electronically, they are machine-readable.

Article 424 : Data protection from design and
data protection by default

Given the state of knowledge,
implementation costs and the nature, scope,
context and purposes of the processing as well as the
risks, of which the degree of probability and severity varies,
that the processing presents for the rights and freedoms of
natural persons, the controller puts
implemented, both when determining the

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means of treatment that at the time of the treatment itself
even, technical and organizational measures
appropriate, such as pseudonymization, which are
intended to implement the principles relating to
data protection, such as minimizing
data, effectively and to match the processing of
guarantees necessary to meet the requirements of
present Book and protect human rights
concerned.

The controller implements the
appropriate technical and organizational measures
to ensure that, by default, only data to be
personal character that are necessary in view of
each specific purpose of the processing is processed. These
measures apply to the amount of data to be
personal character collected, to the extent of their
treatment, their storage period and their
accessibility. In particular, these measures guarantee
that, by default, personal data cannot be
are not made accessible to an unspecified number
of natural persons without the intervention of the
natural person concerned.

Article 425 : Confidentiality obligations

Processing of personal data
is confidential. It is carried out exclusively by

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persons who act under the authority of the person responsible for
treatment and only on its instructions, except in
by virtue of contrary legal obligations.

Article 426 : Security obligations

In order to guarantee the security of data to
personal character, the controller and / or
its subcontractor must implement the measures
appropriate techniques and organization to protect
personal data against destruction
accidental or unlawful, accidental loss, alteration,
unauthorized broadcast or access, interception
especially when the processing involves
data transmissions in a network, as well as
against any other form of unlawful processing.

These measures must ensure, taking into account
the state of the art and the costs associated with their implementation, a
appropriate level of security taking into account, on the one hand,
the state of the art in this area and the costs involved
the application of these measures and, on the other hand, of the nature
data to be protected and potential risks.

It is also the responsibility of the
treatment, its representative and the subcontractor of
ensure compliance with these security measures.

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These measures may in particular include:

1.pseudonymization and encryption of
personal data;
2.means to guarantee the
confidentiality, integrity, availability and
constant resilience of systems and
processing services;
3.means to restore availability
personal data and access to
these within appropriate deadlines in case
physical or technical incident;
4.a procedure to test, analyze and
regularly assess the effectiveness of measures
technical and organizational to ensure the
security of processing.
The choice of the subcontractor and the terms of
contract binding it with the controller
are subject to the provisions of this Book.

For the purposes of preserving evidence,
elements of the contract or legal act relating to the
data protection and data protection requirements
measures referred to in the previous paragraph of this article

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are recorded in writing or in some other form
equivalent but guaranteeing the sustainability and
the inalterability of the document.

Article 427 : Responsibilities

The controller must notify, without
deadline, to the Authority and to the person concerned any breach
the security that affected the personal data
personnel of the person concerned.

The subcontractor must immediately notify the
responsible for handling any breach of security
having affected the personal data that it
processes on behalf and in the name of the person responsible for
treatment.

The notification referred to in paragraph 1 st must, at
less:

1.describe the nature of the safety breach having
assigned personal data y
including, if possible, the categories and number
approximate number of people affected by the
break and categories and number
approximate data records to
personal character concerned;

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2.Communicate the name and contact details of the
data protection officer or another
point of contact from which information
additional can be obtained;
3.describe the probable consequences of the rupture
of security ;
4.describe the measures taken or that the person in charge
of the treatment proposed to take to remedy
security breach, including, where applicable,
measures to mitigate any
Negative consequences.
Communication to the data subject
referred to in paragraph 1 st is not required if either
of the following conditions is fulfilled:

1.the controller has implemented
technical protection measures and
appropriate organizational measures and these
have been applied to personal data
personnel affected by the said rupture,
especially the metrics that make the data
incomprehensible personal character for
anyone who is not authorized to be there
access, such as encryption;

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2.the controller has taken measures
which ensure that the high risk
for the rights and freedoms of individuals
concerned referred to in paragraph 1 st
likely to materialize;

is not anymore

3. it would require disproportionate effort. In
in this case, it is rather a communication
public or similar measure allowing
data subjects to be informed of
equally effective way.
Article 428 : Impact assessment

When a type of treatment, in particular by
use of new technologies, and taking into account the
nature, scope, context and purposes of the
treatment, is likely to create a high risk
for the rights and freedoms of individuals, the
controller performs, before processing,
an analysis of the impact of processing operations
envisaged on the protection of personal data
staff. A single analysis can relate to a
set of similar processing operations that
present similar high risks.

When carrying out an impact assessment relating to
data protection, the controller

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seek advice from the data protection officer,
if such a delegate has been appointed.

The impact assessment relating to the protection of
data referred to in paragraph 1 st is in particular required
in the following cases:

1.systematic and thorough evaluation
personal aspects concerning people
physical, which is based on treatment
automated, including profiling, and based on
from which decisions are made that produce
legal effects with regard to a person
physical or significantly affecting it
in the same way ;
2.Large-scale processing of categories
particular data referred to in Article 394,
first paragraph, or personal data
personnel relating to criminal convictions
and offenses referred to in Article 395; or
3.systematic large-scale surveillance
an area accessible to the public.
The Authority establishes and publishes a list of types
processing operations for which an analysis
data protection impact is required
accordance with paragraph 1 st .
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The Authority may also establish and publish a list
the types of processing operations for which
no impact assessment relating to the protection of
data is required.

The analysis contains at least:

1.a systematic description of the operations of
envisaged processing and the purposes of
processing, including, where applicable, the interest
legitimate pursued by the person responsible for
treatment ;
2.an assessment of the need and
proportionality of processing operations to
look at the goals;
3.a risk assessment for rights and
freedoms
of
people
in accordance with paragraph 1; and

concerned

4.the measures envisaged to deal with the
risks, including guarantees, measures and
security mechanisms to ensure the
protection of personal data and
to provide proof of compliance with the provisions
of this Book, taking into account the rights and
legitimate interests of data subjects and
other affected people.
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If applicable, the controller
seek the opinion of the persons concerned or their
representatives about the planned treatment, without
prejudice to the protection of general interests or
commercial or security operations
treatment.

If necessary, the controller
conduct an examination to assess whether the treatment is
carried out in accordance with the impact assessment on
data protection, at least when there is a
modification of the risk presented by the operations of
treatment.

Article 429 : Prior consultation

The controller consults the Authority
prior to processing when an impact assessment
relating to data protection carried out under
the previous article indicates that the treatment would present
a high risk if the controller does not take
no measures to mitigate the risk.

When the Authority is of the opinion that the processing
envisaged under paragraph 1 st , would violate
provisions of this Book, in particular when the
controller has not sufficiently identified
or mitigated the risk, the Authority shall provide in writing, in a

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maximum period of eight (08) weeks from the
receipt of the consultation request, a written notice to the
controller and, where applicable, to the
treating, and can make use of its powers. This delay may
be extended by six (06) weeks, depending on the
complexity of the intended treatment. The Authority informs the
controller and, where applicable, the sub
dealing with the extension of the deadline and the reasons
of the delay, within thirty (30) days of
receipt of the consultation request. These deadlines
may be suspended until the Authority has
obtained the information she requested for the
consultation needs.

When the controller consults
Authority under paragraph 1 st , it communicates
:

1.if applicable, the respective responsibilities of the
controller, responsible
spouses and subcontractors participating in the
treatment, in particular for treatment with
within a group of companies;
2.the purposes and means of the processing envisaged
;
3.the measures and guarantees provided in order to
protect the rights and freedoms of individuals

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concerned by virtue of the provisions of this
Delivered ;
4.if applicable, the contact details of the delegate
Data protection ;
5.Impact analysis relating to the protection of
data provided for in the previous article; and
6. any other information requested by the Authority.
Article 430 : Appointment of the delegate for the protection of
data

The controller and the processor
designate in any case a protection officer
data when:

1.the processing is carried out by an authority
public or a public body, except
courts acting in the exercise of their
judicial function;
2.the basic activities of the person in charge of
treatment or subcontractor consist of
processing operations which, due to their
nature, scope and / or purposes,

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require regular and systematic monitoring
scale of the people involved; or
3.the basic activities of the person in charge of
treatment or subcontractor consist of a
large scale processing of categories
particular data referred to in Article 394 and
personal data relating to
criminal convictions and offenses
referred to in Article 395.
A group of companies can appoint only one
data protection officer provided that a
data protection officer is easily
reachable from each place of establishment.

When the controller or the sub
the processor is a public authority or a public body,
only one data protection officer can be
designated for several authorities or bodies of this
type, taking into account their organizational structure and
of their size.

In cases other than those referred to in paragraph 1, the
controller or processor or
associations and other organizations representing
categories of data controllers or subprocessors can appoint a data protection officer
data. The data protection officer can

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act for these associations and other organizations
representative of data controllers or
subcontractors.

The data protection officer is
appointed on the basis of his professional qualities and, in
particular, his specialized knowledge of the law and
data protection practices, and
its ability to perform the tasks referred to in article
432.

The data protection officer can be
a staff member of the controller
or the subcontractor, or carry out its missions on the basis
a service contract.

The controller or the processor
publish the contact details of the data protection officer
data and communicate them to the Authority.

Article 431 : Function of the delegate for the protection of
data

The controller and the processor
ensure that the data protection officer
is involved, in an appropriate and timely manner,

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to all questions relating to the protection of
personal data.

The controller and the processor
help the data protection officer to exercise
the missions referred to in Article 432 by providing the
resources necessary to carry out these missions, as well
that access to personal data and
processing operations, and allowing it to maintain
his specialized knowledge.

The controller and the processor
ensure that the data protection officer
does not receive any instructions regarding
the exercise of missions. The delegate for the protection of
data cannot be removed from office or penalized
by the controller or processor for
the exercise of its missions. The delegate for the protection of
data reports directly to the highest level
the management of the controller or the subtreating.

Those affected can take
contact with the data protection officer at
subject of all matters relating to the treatment of
their personal data and the exercise of
rights conferred on them by the provisions of this Book.

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The data protection officer is
subject to professional secrecy or an obligation to
confidentiality with regard to the exercise of its
missions.

The data protection officer can
perform other duties and tasks. The person in charge of
processing or the processor ensure that these
assignments and tasks do not give rise to any conflict of interest.

Article 432 : Missions of the delegate for the protection of
data

The missions of the delegate for the protection of
data are at least the following:

1.inform and advise the person in charge of
treatment or subcontractor as well as
employees who perform treatment on
their obligations under the
provisions of this Book with regard to
Data protection ;
2.check compliance with the provisions of this
Book on data protection and
internal rules of the controller or
of the subcontractor in terms of the protection of
personal data, including
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which concerns the distribution of responsibilities,
staff awareness and training
participating in processing operations, and
related audits;
3.provide advice, upon request, on
concerns the impact assessment relating to
data protection and verify the execution of
this under section 428;
4. cooperate with the Authority;
5.Serve as the focal point for the Authority on
treatment issues, including
prior consultation referred to in Article 412, and
conduct consultations, where appropriate, on any
other subject.
The data protection officer is responsible for
due account, in the performance of its
missions, the risk associated with processing operations
taking into account the nature, scope, context and
purposes of processing.

Article 433 : Storage obligations

Personal data must not
not be kept beyond the period required to

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the purposes for which they were collected and
processed.

Beyond this required period, the data will not
can only be stored for the purpose of
respond specifically to processing for the purposes of
historical, statistical or research based on
legal dispositions. Processing whose purpose is
limit to ensure the long-term conservation of

archival documents are exempt from formalities
prior to the implementation of the treatments provided for by
the provisions of this Book.

It can be carried out with a treatment having
purposes other than those mentioned in paragraph 2:

1. or with the express consent of the person
concerned;
2. or with the authorization of the Authority.
Article 434 : The sustainability obligations

The controller is required to take
any measure useful to ensure that the data to be
personal character processed may be exploited whatever
regardless of the technical support used.

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In particular, he must ensure that the evolution
technology will not be an obstacle to this
operation.

Article 435 : Register of processing activities

Each controller and, where
the representative of the controller
keep a record of the processing activities carried out
under their responsibility. This register contains all
following information:

1.the name and contact details of the person responsible for the
processing and, where applicable, the controller
spouse of the treatment, the representative of the
controller and delegate
Data protection ;
2. the purposes of the processing;
3.a description of the categories of people
concerned and the categories of data to be
personal character;
4.the categories of recipients to whom the
personal data have been or will be
communicated, including recipients in

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third countries or organizations
international;
5.if applicable, data transfers to
personal character to a third country or to a
organization
international,
the identification of this third country or this
international organisation ;

y

understood

6.the deadlines set for the erasure of
different categories of data;
7.a general description of the security measures
technical and organizational.
Each subcontractor and, where applicable, the
representative of the subcontractor keep a register of
all categories of processing activities performed
on behalf of the controller,
including:

1.the name and contact details of the subprocessors and each controller
on behalf of which the subcontractor acts in this way
that, if applicable, the names and contact details
the representative of the controller or
of the subcontractor and those of the
Data protection ;

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2.the categories of processing carried out for the
account of each controller;
3.if applicable, data transfers to
personal character to a third country or to a
organization
international,
the identification of this third country or this
international organization and, in the case of
transfers, documents attesting to the existence
guarantees
appropriate;

y

understood

4.a general description of the security measures
technical and organizational.
The registers referred to in paragraphs 1 and 2 are
present in a written form including the form
electronic.

The controller or the processor
and, where applicable, their representative shall update the register
available to the Authority on request.

The obligations referred to in paragraphs 1 and 2 do not
not apply to small and medium-sized businesses
unless the processing they carry out is likely to
involve a risk for the rights and freedoms of
people concerned, if it is not occasional or if
relates in particular to the specific categories of
data referred to in Article 394, paragraph 1, or on
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personal data relating to
criminal convictions and offenses.

Article 436 : Obligations of trusted providers

Without prejudice to Book II, service providers
services covered by the aforementioned Book are subject to the
data protection requirements at
personal character provided for by the provisions of
this Book.

CHAPTER V
THE RIGHTS OF INDIVIDUALS TOWARD THEM
PERSONAL DATA

Article 437 : Right of access

Any natural person whose data to
personal character are subject to processing may
ask the person in charge of this processing:

1.information making it possible to know and
contest the processing of their data to
personal character;

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2.confirmation that personal data
staff concerning her do or do not
the purpose of processing, as well as information
relating at least to the purposes of the processing,
the categories of data to which it relates
and the categories of recipients to whom the
data is communicated;
3.Communication in intelligible form of
personal data concerning him
as well as any information available regarding
the origin of these;
4.if applicable, information relating to
transfers of personal data
envisaged for a third State;
5.whenever possible, the duration of
retention of personal data
envisaged or, when this is not possible, the
criteria used to determine this duration;
6.existence of the right to ask the person in charge
processing, rectification or erasure of
personal data, or a limitation
the processing of personal data
relating to the data subject, or the right to
oppose this processing;

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7.the right to lodge a complaint with a
Supervisory authority;
8.when the personal data is not
are not collected from the person
concerned, any available information about
their source;
9.existence of automated decision-making, including
including profiling, referred to in article 401, and, at
less in such cases, useful information
concerning the underlying logic, as well as
the significance and expected consequences of this
processing for the data subject.
To this end, the data subject sends a
dated and signed request to the controller
by post or electronically, or his representative.

A copy of the information is
communicated without delay and at the latest within sixty
(60) days from receipt of request.

Payment of fees for any copy
additional requested by the person concerned
must be fixed by memo from the structure
controller on the basis of costs
administrative consequences.

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However, the Authority entered contradictorily by
the person in charge of the file can grant him:

1. response times;
2.authorization to disregard certain
manifestly abusive requests by their
number, their repetitive or systematic nature.
When there is reason to fear concealment or
the disappearance of the information mentioned in the first
paragraph of this article, and even before the exercise of a
judicial appeal, the judge may be requested
competent that

all measures are ordered to avoid this
concealment or disappearance.

When data relating to the health of the
data subject are processed for research purposes
medico-scientists, that it is obvious that there is no
no risk that the privacy of
this person and that the data is not used
to take action against a person
concerned individual, the communication may, for
as much as it is likely to seriously harm
to said research, be deferred at the latest until
completion of research. In this case, the person

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concerned must have previously given their
written authorization to the controller that the
personal data concerning him / her may
be processed for medico-scientific purposes and the
communication of these data can therefore be
deferred.

Article 438 : Right to data portability

Data subjects have the right to receive
the personal data concerning them that they
have provided to a controller, in a
structured format, commonly used and readable by
machine, and have the right to transmit this data to a
other controller without the controller
of the processing to which the personal data
have been communicated obstructs it, when:

1.the processing is based on consent or
on a contract; and
2.the processing is carried out by means of
automated.
When the data subject exercises their right
to the portability of data pursuant to paragraph
first, it has the right to obtain that the data to
personal character are transmitted directly from a

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controller has another, when this is
technically possible.

This right does not apply to processing
necessary for the performance of a public interest mission or
coming under the exercise of public authority which is
invested the controller.

The right referred to in the first paragraph does not
infringement of the rights and freedoms of third parties.

Article 439 : Right to question

Anyone proving their identity has the right
question the services or bodies responsible for
implement the automated processing of which the list
is available to the public in order to find out whether these
processing relates to personal information the
concerning and, where applicable, to obtain
communication.

Article 440 : Right to object

Any natural person has the right to object,
at any time, for legitimate reasons, that

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personal data concerning him / her do
subject to processing.

It has the right, on the one hand, to be informed before
that data concerning it is for the first time
times communicated to third parties or used for
account of third parties for prospecting purposes, in particular
commercial, charitable or political and, on the other hand, to
see expressly offer the right to object,
free of charge for said communication or use.

This right must be explicitly proposed to the
person concerned in an intelligible way and must
be able to be clearly distinguished from other information.

When an objection is upheld
in accordance with this article, the controller
no longer uses or processes personal data
relevant personnel.

When personal data is
collected for prospecting purposes in particular
commercial, charitable or political, the person
concerned may object, free of charge and without any
justification, to the intended processing of personal data
personnel concerning her.

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To exercise his right of opposition, the interested party
send a dated and signed request by post or
electronic, to the controller or his
representative. The controller must
communicate within thirty (30) days of the
receipt of the request provided for in the previous paragraph,
what action he gave to the person's request
concerned.

When personal data is
collected in writing, whether on paper,
electronic medium or any other equivalent medium,
to the person concerned, the person responsible for
processing request, to this one, on the document thanks to
from which it collects its data, if it wishes to exercise the
right of opposition.

When personal data is
collected from the data subject, otherwise
that in writing, the controller asks
the latter if it wishes to exercise the right of opposition, either
on a document that he communicates to him for this purpose at most
no later than sixty (60) days after data collection at
personal character, or by any technical means which
allows the preservation of proof that the data subject
had the opportunity to exercise his right.

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In the event of a dispute, the burden of proof
is the responsibility of the controller with whom is
exercised the right of access except when it is established that the
disputed data were communicated by
the interested party or with his agreement.

Article 441 : Right of rectification and deletion

Any natural person can demand
controller that are, as the case may be, and
as soon as possible, rectified, completed, updated
up-to-date, locked or deleted personal data
personnel concerning it, which are inaccurate, incomplete,
equivocal, outdated, irrelevant or whose collection,
the use, communication or retention is
prohibited.

To exercise the right to rectify or
deletion, the interested party sends a request, by
by post or electronically, dated and signed on
controller, or his representative.

Within forty-five (45) days of the
receipt of the request provided for in the previous paragraph, on
controller communicates the corrections
or erasure of data made to the person
concerned itself as well as to the persons to whom
inaccurate, incomplete, ambiguous, outdated data,

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irrelevant or whose collection, use,
communication or retention is prohibited, have been
communicated. When the controller has not
no knowledge of the recipients of the communication
and that the notification to these recipients does not appear
possible or involves disproportionate effort, it
notify them within the time limit.

In the event of failure to comply with the deadline provided for in paragraph
precedent, a complaint may be addressed to the Authority by
the author of the request.

If information has been transmitted to a third party, its
rectification or cancellation must be notified to this third party,
unless dispensed with by the Authority.

The beneficiaries of a "de cujus" justifying their
identity can, if elements brought to their
knowledge leads them to assume that the data to be
personal character concerning her being the subject of a
treatment have not been updated, require the
responsible for this processing that it takes into account
consider the death and make the updates that
must be the consequence.

When the beneficiaries so request, the
controller must justify, at no cost to the

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applicant, that he has carried out the required operations
under the previous paragraph.

Article 442 : Nominative file

On the positive opinion of the Authority, a file
nominative can be completed or corrected even automatically
when the organization holding it acquires knowledge of
the inaccuracy or incompleteness of a
nominative information contained in this file.

If information has been transmitted to a third party, its
rectification or cancellation must be notified to this third party,
unless dispensed with by the Authority.

Article 443 : Data made public - Right to be forgotten

When the controller has made
public personal data of the
person concerned, he takes all measures
reasonable, including technical measures, in
which concerns the data published under its
responsibility, in order to inform third parties who process
such data that a data subject to them
request to delete any link to this personal data
personal, or any copy or reproduction thereof.

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When the controller has authorized
a third party to publish personal data of the
person concerned, he is deemed to be responsible for this
publication and take all appropriate measures to
implement the right to digital oblivion and to
erasure of personal data.

The data controller sets up
appropriate mechanisms ensuring the implementation of the
respect for the right to digital oblivion and the erasure of
personal data or examines
periodically the need to keep this data,
in accordance with the provisions of this Book.

When the erasure is carried out, the person in charge
of the processing does not carry out any other processing of these
personal data.

Paragraphs 1, 2, 3 and 4 do not apply in the
to the extent that this processing is necessary:

1.exercise the right to freedom of expression and
of information ;
2. to comply with a legal obligation which requires
processing or to perform an assignment
of public interest or pertaining to the exercise of

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the public authority vested in the person responsible
processing;
3.for reasons of public interest in the field
public health;
4.for archival purposes in the public interest,
for scientific or historical research purposes
or for statistical purposes in accordance with
Article 366, in so far as the right referred to in
paragraph 1 st, is likely to make it impossible
or seriously jeopardize the achievement of
purposes of said processing; or
5.to the observation, exercise or defense of
legal rights.
Article 444 : Conditions for deletion

The Authority adopts, without prejudice to
provisions of this code, measures or lines
guidelines to specify:

1.the conditions for removing links to
such personal data, copies or
reproductions of these existing in
electronic communications services
accessible to the public;

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2. the conditions and criteria applicable to the
limitation of the processing of personal data
staff.
Article 445: Right of access relating to processing
concerning state security, defense and security
public

With regard to processing relating to
state security, defense and public security,
request is addressed to the Authority which designates one of its
members belonging or having belonged to the Court
Supreme or the Court of Auditors
supreme to carry out all useful investigations and make
make the necessary changes. This can be
have another member of the Authority assist.

The applicant is notified that the
checks.

When the Authority finds, in agreement with the
controller, that the communication of
data contained therein does not call into question its
purposes, state security, defense or security
public, these data may be communicated to
applicant.

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When the treatment is likely to
understand information that cannot be communicated
would not call into question the purposes assigned to it,
the Authority may provide that this information may be
communicated to the applicant by the file manager
directly entered within forty (45) days
following receipt of the request.

Article 446 : Representation of a minor child

When section 436 applies with respect to
concerns the direct service offer of the
information to minors, data processing to
personal character relating to a minor is lawful
when the minor is at least sixteen (16) years old.
When the minor is under sixteen (16) years old, this
processing is only lawful if, and insofar as, the
consent is given or authorized by the holder of the
parental responsibility towards the minor.

The controller strives
reasonably to verify, in such a case, that the
consent is given or authorized by the holder of the
parental responsibility for the child, account
given the technological means available.

Article 447 : Representation of an incapable adult

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In the event of duly physical or mental incapacity
certified by a healthcare professional,
rights, as fixed by the provisions of this Book,
of an adult concerned, are exercised by the
or the cohabiting spouse, the cohabiting partner
legal or de facto cohabiting partner.

If this person does not wish to intervene or if
it is lacking, the rights are exercised, in order
subsequent, by an adult child, a parent, a brother or
an adult sister of the person concerned.

If such a person does not wish to intervene
or if it is lacking, it is an ad hoc tutor who takes care of the
interests of the data subject.

This also applies in the event of a conflict between two
or more of the persons mentioned in this
indentation.

The person concerned is associated with the exercise
of his rights as far as possible and taking into account
his ability to understand.

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Article 448 : Right to lodge a complaint with
the Authority

Without prejudice to any other administrative appeal
or jurisdictional, any person concerned has the right
to lodge a complaint with the Authority, if it
considers that the processing of personal data
personnel concerning her constitutes a violation of
provisions of this Book.

The Authority informs the author of the complaint
the progress and outcome of the complaint, including
including the possibility of a judicial appeal in
under the following article.

Article 449 : Right to an effective judicial remedy
against the Authority

Anyone concerned has the right to form a
effective remedy before the administrative court
competent when the Authority does not deal with a
complaint or does not inform the person concerned,
within ninety (90) days, of the state
progress or outcome of the complaint it has
introduced under the previous article.

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Article 450 : Right to an effective judicial remedy
against a controller or
a subcontractor

Anyone concerned has the right to a remedy
effective jurisdictional if it considers that the rights
conferring upon it the provisions of this Book have been
violated due to the processing of their personal data
personnel carried out in violation of the provisions of
present book.

Article 451 : Right to compensation and liability

Anyone who has suffered material damage
or moral due to a violation of the provisions of
this Book has the right to obtain from the person responsible for
treatment or subcontractor compensation for damage
suffered.

Any controller who participated
to the processing is responsible for the damage caused by the
processing that constitutes a violation of the provisions of
this Book. A subcontractor is not required to
responsible for the damage caused by the processing only if
did not comply with the obligations provided for by the
provisions of this Book which are
specifically to subcontractors or that it has acted

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outside the lawful instructions of the person in charge of
treatment or contrary to them.

A controller or processor
is exempt from liability, under paragraph 2, if
proves that the fact which caused the damage is not
in no way attributable.

When several controllers or
subcontractors or when, at the same time, a
treatment and a subcontractor participate in the same
treatment and, when, under paragraphs 2 and 3, they are
responsible for damage caused by processing,
each of the data controllers or subcontractors is held responsible for the damage in its
totality in order to guarantee the data subject a
effective repair.

When a controller or a sub
treating has, in accordance with paragraph 4, fully repaired the
damage suffered, he is entitled to claim from the
other data controllers or processors
having participated in the same treatment the part of the
compensation corresponding to their share of responsibility
in the damage, in accordance with the conditions set out in
paragraph 2.

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Legal actions taken to exercise the
right to obtain compensation are brought before the
competent courts.

CHAPTER VI
SANCTIONS AND ADMINISTRATIVE MEASURES

Article 452 : Warning and formal notice

The Authority may issue a warning to
against the controller who does not respect
not the obligations arising from the provisions of this
Delivered.

It can also give formal notice to the
controller to put an end to the breach
noted within a fixed period which cannot exceed eight (08)
days.

Article 453 : Serious breaches

Constitute serious breaches, under the
this code, the fact of:

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1.Collect unfair data from
personal character;
2. communicate to an unauthorized third party
personal data;
3.Collect sensitive data,
data relating to offenses or
national identification number without respecting
legal conditions;
4.Collect or use
personal data having for
consequence of causing serious damage
fundamental rights or privacy
private individual concerned;
5.prevent the Authority's services from
an on-site control mission or demonstrate
obstruction when carrying out such
mission.
Article 454 : Types of sanction

When the controller does not
not comply with the formal notice, the Authority may
pronounce against him, in accordance with the principle of
contradictory, the following sanctions:

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1.a financial penalty, except in cases where
the treatments are implemented by the State;
2.an injunction to cease processing
personal data;
3. a definitive or temporary withdrawal of the authorization
granted pursuant to the provisions of
this Book;
4.blocking of certain personal data
staff.
Article 455 : Amount

The amount of the financial penalty provided for in
point 1 of the previous article is proportionate to the severity
breaches committed and the benefits derived from this
breach.

During the first breach, it cannot exceed
fifty million (50,000,000) CFA francs. In case of
reiterated breach within five (05) years from
from the date on which the financial penalty
previously pronounced has become final, it does not
may exceed one hundred million (100,000,000) CFA francs
or, in the case of a business, five percent (5%) of the

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turnover excluding tax for the last financial year ended in
the limit of one hundred million (100,000,000) CFA francs.

When the Authority has imposed a sanction
pecuniary become definitive before the criminal judge
definitively ruled on the same facts or facts
related, the latter may order that the sanction
pecuniary is deducted from the fine he pronounces.

Article 456 : Injunction

Any sanction pronounced by the Authority may be
accompanied by an injunction to proceed, within a time
cannot exceed eight (08) days, for any modification or
useful suppression in the functioning of the treatments
of personal data, subject of the sanction.

Article 457 : Report

The penalties provided for in the provisions of
present Book are pronounced on the basis of a report
established by the Authority. This report is notified to the manager
processing, who can make written submissions or
oral within fifteen (15) days of receipt
notification from the Authority and who can attend or
represent at the meetings at the end of which
the Authority rules.

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The decisions taken by the Authority are reasoned
and notified to the controller.

Article 458 : Appeal

Decisions imposing a sanction may
be the subject of an appeal before the court
competent administrative authority.

Article 459 : Publication

The sanctions pronounced can be made
public by the Authority.

CHAPTER VII
PENAL PROVISIONS

Article 460 : Criminal offenses

Constitute offenses within the meaning of
provisions of this Book, without prejudice to those
provided for by the penal code:

1. hindering the action of the Authority:

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- by opposing the exercise of the missions entrusted to
its members or authorized agents;
- by refusing to communicate to its members or to
authorized agents for information and documents
useful for their mission, or by concealing the aforesaid
documents or information, or by making them
disappear ;
- by communicating information that is not
conform to the content of the recordings as
was at the time the request was made or who
do not present this content in any form
directly accessible;
2.any natural or legal person who, without
right even through negligence, proceeds or does
carry out data processing at
personal character without having respected the
formalities prior to their implementation such as
as prescribed by the provisions of this
Delivered ;
3.anyone who knowingly decides to
make use of personal data
collected by means of data collected by the
process described in point (ii), without being the author
is also condemned as if he were
the author of the fraudulent treatment;

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4.the fact, except in cases where the data processing
was carried out under the conditions provided for by the
provisions of the provisions of this Book, of
carry out or have carried out a treatment of
personal data including,
sensitive data relating to
offenses or data relating to
ID number
national;
5.the fact of carrying out or having carried out a
processing of personal data
without having implemented the prescribed measures
by the provisions of this Book;
6.the fact of collecting personal data
personal by fraudulent, unfair or
illicit;
7.the fact, by any data holder
of a personal nature on the occasion of their
registration, classification,
transmission or any other form of
processing, diverting and / or manipulating these
information;
8.whosoever has transferred, made or allowed to transfer
personal data to a State
third party without having met the requirements
provided for in Chapter 2 of Title II of this Book
;

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9.anyone, to compel a person to him
communicate information obtained by
the exercise of the right enshrined in article 436 of
this code, or to give its authorization to the
processing of personal data
concerning, assaulted him,
violence or threats, gifts or promises;
10. the fact of processing data to
personal character concerning a person
physical despite the request for rectification or
the opposition of that person, when this
request for rectification or this opposition is
based on legitimate grounds;
11. Failure to comply with the provisions of
this Book relating to the information of
people;
12. failure to comply with the provisions of
this Book relating to access rights;
13. keeping personal data
staff beyond the planned duration of the
prior declaration sent to the Authority unless
this conservation is carried out for
historical, statistical or scientific in the sense
of this Book;

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14. the fact, by any person who has collected, to
the occasion of their recording, their
classification, their transmission or another
form of processing, personal data
personnel whose disclosure would have the effect of
undermine the consideration of the interested party or
to the privacy of his private life, to wear without
authorization of the data subject to the
knowledge of a third party who has no standing
receive them;
15. the fact of participating in an association formed or in
an agreement established for the commission
one or more offenses provided for by the
provisions of this Book.
Article 461 : Penalties

The offenses referred to in article 445 of this
code are punished with a prison term of six
(06) months to ten (10) years and a fine of ten million
(10,000,000) to fifty million (50,000,000) francs
DWI or one of these two penalties only.

Complicity and attempt are punishable by
same penalties.

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If the offender in point 1 of article 460
carries out or causes to be carried out, through simple negligence,
processing of personal data without having
complied with the formalities prior to their implementation
as prescribed by the provisions of this Book,
only a fine of five million (5,000,000) to
fifty million (50,000,000) CFA francs can
be inflicted.

The court may order the erasure of all or
part of the personal data subject to
the processing which gave rise to the infringement.

Sentencing decisions that have become
final decisions taken under this Chapter are published
in the Official Journal of the Republic of Benin as well
only on an electronic medium at the expense of the convicted person.

In the event of conviction for one of the offenses
provided for in article 460 of this code, the jurisdiction of
judgment may pronounce penalties as
complementary.

It can order the confiscation of media
personal data material forming
the subject of the infringement, such as manual files,
magnetic discs and tapes, excluding
computers or other hardware, or order

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the erasure of this data as well as the sums,
advantages or proceeds resulting from the infringement and
belonging to the condemned.

Confiscation or erasure may be
ordered even if the physical media of the data to be
personal character do not belong to the condemned.

Confiscated items must be destroyed
when the decision has become final.

Without prejudice to the prohibitions set out by
special provisions, in the event of a conviction
for one of the offenses provided for in article 460 of this
code, the trial court may pronounce
prohibition as an additional penalty. This
prohibition implies a prohibition to manage,
personally or through an intermediary, and for
two (02) years maximum, any data processing at
personal character.

Any infringement of the prohibition enacted by
paragraph 10 or any recidivism relating to the offenses referred to
in this Chapter are punished with
imprisonment from one (01) to ten (10) years and one
fine of ten million (10,000,000) to one hundred million (100
000,000) CFA francs or one of these two penalties
only.

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This article will not prevent the adoption of
any measure of indulgence established by the provisions of
present Book, as a suspension or a penalty with
stay, except for the decisions referred to in paragraphs 5 to 10.

The controller or his
representative will be liable to payment of fines
incurred by its subcontractor.

TITLE III
FROM THE DATA PROTECTION AUTHORITY TO
PERSONAL CHARACTER

CHAPTER I
ORGANIZATION AND OPERATION

Article 462 : Constitution

The Data Protection Authority
staff in short
"APDP", hereinafter referred to as
Authority, ensures the application of the provisions of this
Book and respect for privacy in general on the
territory of the Republic of Benin.

Article 463 : Status

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The Authority is an administrative structure
independent with legal personality,
administrative and managerial autonomy.

It exercises a public service mission and does not
receives instruction from any administrative authority and
Politics.

Article 464 : Composition

The Authority is made up of eleven (11) members
as follows:

1. three (03) deputies designated by the Assembly
national taking into account its configuration
Politics ;
2.one (01) member of the Economic and Social Council
elected by his peers;
3.two (02) persons qualified for their
knowledge of computer applications
having a diploma attesting to at least four
(04) years of university studies and totaling
at least ten (10) years of experience, designated
by the National Assembly on a list of five
(05) people selected by the Bureau of

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the National Assembly, after a call for
nominations;
4.one (01) personality appointed by the President
of the Republic ;
5. three (03) magistrates including two (02) of the Court
supreme and one (01) of the jurisdiction of accounts
of the same degree having at least fifteen (15)
years of professional experience, elected by
their peers;
6.one (01) lawyer with at least fifteen (15)
years of experience, elected by his peers.
The Authority is headed by an Office of three (03)
members.

The Authority elects from among its members a Chairman, a vicePresident and a Secretary.

Article 465 : Government Commissioner

A Government Commissioner, appointed by the
President of the Republic in the Council of Ministers,
seat with the Authority.

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The commissioner may, within ten (10) days
following a deliberation, provoke a second
deliberation.

Article 466 : Appointment

The members of the Authority, once appointed are
appointed by decree taken in the Council of Ministers.

To be appointed and remain members of the Authority,
applicants must meet the following conditions:

- be of Beninese nationality;
- enjoy their civil and political rights;

- respect the incompatibilities referred to in article 473.
Article 467 : Holidays

The mandate of a member of the Authority ends
due to death, physical or mental incapacity,
resignation or dismissal.

At the request of the President, his
replacement by its original structure. A new

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commissioner is appointed for the term of office
remaining to run, by decree taken by the Council of Ministers.

In the event of a duly certified vacation from
President, the Vice-President temporarily assumes the
functions of President, in accordance with the Rules
interior.

The duration of the exercise of these functions
temporary workers may not exceed a period of eighty
ten (90) days.

Article 468 : Oaths

Before taking up their duties, the members of
Authority take an oath before the Supreme Court
sitting in formal audience, in these terms:

"I solemnly swear well and faithfully
fulfill my function as a member of the Authority in charge of
the protection of personal data, in all
independence and impartiality in a dignified and loyal manner and
to keep the deliberations secret ”.

Agents recruited by the Protection Authority
personal data are sworn

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before the Cotonou Court of First Instance in
these terms:

"I swear good and fair to fulfill my
functions of agent of the Authority in charge of protection
personal data in full
independence and impartiality and to keep the confidentiality of
deliberations ”.

Article 469 : Term of office

The term of office of the members of the Authority
is for five (05) years, renewable once (01).

Article 470 : President

The President is the budget authorizing officer, he
assumes the day-to-day management of the Authority, directs the
secretariat, chairs the meetings of the Authority in its
different formations or delegate another member to
this end that represents him. He reports periodically
before the Authority meeting in administrative sessions.

If the President is unable to attend, the vice-president
President performs his duties

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Article 471 : Rules of procedure

The Authority adopts its Rules of Procedure which establish
its mode of operation.

It establishes in its Rules of Procedure,
in particular, the rules relating to the instruction,
presentation of files, handling of complaints and
contradictory procedures.

It is published in the Official Journal.

Article 472 : Voting

The Authority can only validly deliberate if the
at least the majority of its members are present. It
decides by absolute majority. In case of parity of votes, the
the President's vote is decisive.

Article 473 : Incompatibilities

Membership of the Authority is
incompatible with that of member of the Government,
the exercise of the functions of a company director, or
holding of participations in companies of the

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computer or communications sector
electronic.

The members of the Authority refrain from anything
act incompatible with their functions and, during the
term of office, do not exercise any activity
incompatible professional, paid or not.

No member of the Authority may:

1.participate in a deliberation or carry out
checks relating to an organization within
in which he has an interest, direct or indirect,
performs functions or holds a mandate;
2.be present during the deliberation or
checks on the objects for which they have
a personal interest or for which their
relatives or allies up to the fourth degree have a
personal interest ;
3.take part in a deliberation or carry out
checks relating to an organization within
which he has, during the thirty-six (36) months
preceding deliberation or verifications,
held a direct or indirect interest, exercised
functions or held a warrant.

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After leaving office, the
members of the Authority are required to respect the duties
honesty and sensitivity in accepting
certain functions or certain advantages.

Article 474 : Tenure and independence of members
of the authority

The members of the Authority are irremovable
during their term of office.

However, in the event of duly serious misconduct
observed by one of the members of the Authority or the loss
of the capacity for which he was elected or appointed, he
is terminated and proceeded to his
replacement in accordance with the provisions of
this Book and the Internal Regulations of the Authority.

The term of office of the successor thus appointed is limited
to the remaining period. The latter can be designated
for a single term.

Within the limits of their powers, the President
and members do not receive instructions from anyone.
They cannot be relieved of their load because of the
opinions they express or actions they
perform to fulfill their functions.

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Article 475 : Professional secrecy

The members and officers of the Authority are
bound by professional secrecy for the information of which
they have knowledge in the context of or on the occasion of
their functions.

Authority staff as well as experts and
sworn officers are submitted, including after
cessation of their activities, to the obligation of secrecy
professional with regard to any information
confidential, fact or act of which they were aware
in the performance of their official duties.

The violation of paragraphs 1 or 2 is punishable by
penalties provided for by the provisions of the penal code
relating to the secrecy of correspondence.

Article 476 : Exception to the duty of discretion

The computer scientists called, either to give the
information to the Authority, or to testify before it
are released as much as necessary from their obligation to
discretion.

Article 477 : Budget

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It is allocated annually to the Credit Authority
necessary for its proper functioning. These credits are
entered in the state budget.

The Authority may receive grants from the
share of international organizations whose State is
member and all other bodies legally
constituted. It can also benefit from resources
own results from the exercise of its activities.

Budgets must be made public.

Article 478 : Declarations - Notices

The Authority receives, by post or by
electronic, treatment declarations
IT systems and gives its opinion in the cases provided for by
the provisions of this Book.

Article 479 : List of authorized treatments

The Authority makes available to the public the list
processing operations that have been authorized.

Article 480 : Referral to the Authority

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The Authority can be contacted by any person
physical or moral, acting by itself, by
through his lawyer or any other person
physical or legal duly mandated.

Article 481 : Complaints - Report

The Authority receives, by post or by
electronic, and investigates complaints in accordance with its
mission.

Each year, she presents to the President of the
Republic and the President of the National Assembly, a
report giving an account of the execution of its mission.

It must be made public.

Article 482 : Appeal

The decisions of the Authority are liable to
appeal to the competent administrative court.

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CHAPTER II
MISSIONS AND POWERS OF THE AUTHORITY

Article 483 : Formalities - Powers - Powers Homework

The Authority ensures that the technologies of
information and communication (ICT) do not include
no threat to public freedoms and the
private life. It ensures that data processing
of a personal nature are implemented
in accordance with the provisions of this Book.

As such, the Authority is in charge of:

1. to respond to any request for an opinion or
recommendation for treatment of
personal data;
2. to issue reasoned opinions on its own initiative
or recommendations on any question
on the application of the principles
fundamentals of privacy
within the framework of this Book, as well as of the laws
containing provisions relating to the
protection of privacy with regard to
processing of personal data;

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3.inform the persons concerned and the
data controllers for their rights and
obligations ;
4.authorize or refuse file processing
in a number of cases, including
sensitive files;
5. to receive the formalities prior to creation
of processing of personal data
personnel and, if necessary, authorize these
treatments;
6. to receive, by post or by
electronic, complaints, petitions and
complaints relating to the implementation of
processing of personal data and
inform their authors of the follow-up given to
these especially if a supplement
investigation or coordination with another
national protection authority is needed;
7. to carry out, without prejudice to any action before
courts, inquiries, either of its own
initiative, either following a complaint or following
request from another protection authority
national, and informs the person concerned, if
she seized her with a complaint, the result of
its investigations within a reasonable time;

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8.inform without delay the judicial authority for
certain types of offenses she has
knowledge ;
9.inform, without delay, the public prosecutor of the
Republic, in accordance with the provisions of
code of criminal procedure, violations of
provisions of this Book, constituting
criminal offenses;
10. to inform
assembly
national,
Government or other political institutions,
as well as the public, of any question relating to the

the

protection of personal data;
11. to conduct frequent consultations with
stakeholders on issues that
the Authority considers that it could harm the
effective protection of personal data
staff for services, facilities,
devices or directories under this
Delivered ;
12. to require experts or sworn agents,
in order to participate in the implementation of
verification missions covering all
processing of personal data
on the territory of the Republic of Benin;

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13. to ensure compliance with authorizations and
prior consultations;
14. to pronounce the rectification, erasure or
destruction of all data when it is
have been processed in violation of the provisions of
this Book and the notification of such measures
to third parties to whom the data has been disclosed
;
15. to ask the controller or the
subcontractor to satisfy requests
to exercise the rights provided for by the provisions
of this Book presented by the person
concerned;
16. to pronounce sanctions, administrative and
pecuniary, with regard to those responsible for
treatment ;
17. update a directory of the processing of
personal data and available
public ;
18. to monitor new facts presenting a
interest, insofar as they affect
on the protection of personal data
staff,
especially
information technology and

evolution

of

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communications and practices
commercial;
19. inform the controller or the
subcontractor of an alleged violation of
provisions governing data processing
of a personal nature and, where applicable,
to order the controller or his
subcontractor to remedy this violation by
specific measures, in order to improve
protection of the data subject;
20. to advise individuals or
legal entities which process
personal data or testing
or experiences likely to lead to such
treatments;
21. to authorize
or
refuse
cross-border personal data
personnel to third countries;

of

transfers

22. to raise public awareness of the risks, rules,
to the guarantees and rights relating to the processing
personal data. Activities
destiny
specifically
to the
elderly or severely
sick or to all those who cannot be
able to understand the scope of activities

children,

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offered to them, are subject to a
particular attention ;
23. make proposals for modifications
legislative or regulatory likely to
simplify and improve the legislative framework and
regulatory with regard to the processing of
data;
24. to approve codes of conduct and
collect and authorize, where applicable, projects,
modifications or extensions of said codes;
25. to set up mechanisms for
cooperation with the authorities for the protection of
personal data from third countries including
information sharing and support
mutual;
26. to participate in international negotiations by
protection of personal data
staff.
Completion of formalities with
the Authority is free for the person concerned. When
the demands are manifestly excessive, due to the
in particular, due to their repetitive nature, the Authority may,
nevertheless, require the payment of fees or not take
the measures requested by the data subject. It

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The Authority is responsible for establishing the clearly
excessive demand.

Article 484 : Information obligations

The Authority informs by all appropriate means,
public authorities, private organizations and
representatives of civil society, decisions, and opinions
it makes in terms of privacy protection.

Article 485 : Regulatory power

To carry out the missions entrusted to it
by the provisions of this Book, the Authority has
a regulatory power allowing it to authorize
certain treatments, to adapt
simplification or exemption from declaration and define
the procedures for exercising the rights of individuals, in
particularly in terms of information.

Article 486 : Powers of investigation

The Authority may ask the first
presidents of courts of appeal or presidents of
administrative courts, to delegate a magistrate
their responsibility, possibly assisted by experts, for

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investigation and control missions carried out under
its direction.

In order to keep certain data
particularly susceptible to loss or modification
and useful for the manifestation of the truth, the Authority can
ask the president of the court of first instance,
that these are kept in accordance with the
procedure provided for in article 78 bis of the code of procedure
criminal.

Article 487 : Request for information

The Authority may order those responsible for
files to communicate all useful information
on the computer files they use.

Article 488 : Obligation to cooperate

Ministers, public authorities, leaders
public or private companies, responsible for
various groups and more generally the holders
and users of processing or data files to
personal character cannot, in principle, oppose
the action of the Authority. They must take all measures
useful in order to facilitate its mission.

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Article 489 : Access to premises

The members of the Authority as well as the
its services ensure the control of the implementation of the
treatment. For this purpose, they have access, from six (06) hours to
twenty-one (21) hours, in the exercise of their mission,
to places, premises, enclosures, installations or
establishments used to implement a
processing of personal data and which are
for professional use, excluding parts thereof
here assigned to the private home.

The public prosecutor territorially
competent is informed in advance.

The manager of private business premises
is informed of his right to object to the visit. In case
opposition from the site manager or the manager
treatment, the visit can only take place
the authorization of the president of the Court of First
competent body or the judge delegated by him.

However, when the urgency, the seriousness of the facts to
the origin of the control or the risk of destruction or
concealment of documents justifies it, the visit may have
place without the person in charge of the premises having been informed,
with the prior authorization of the president of the Court of
competent first instance or the judge delegated by him.

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In this case, the person in charge of the premises cannot oppose
visit.

The visit takes place under the authority and control
the president of the competent Court of First Instance
or the judge delegated by him who authorized it, in the presence of
the occupant of the premises or his representative who can
be assisted by a counsel of his choice or, failing that, by
presence of two witnesses who are not placed under
the authority of those responsible for carrying out
control.

The act authorizing the visit is enforceable at
only seen from the minute. He mentions that the judge having
authorized the visit can be entered at any time from a
request to suspend or stop this visit. It
indicates the time limit and the means of appeal. It can be the object,
according to the rules provided for by the code of civil procedure,
of a call. The latter also hears appeals against
the conduct of visit operations.

Members of the Authority and officers
mentioned in the first paragraph of the article may
request communication of all documents
necessary for the accomplishment of their mission, what
whatever the medium, and take a copy.

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They can collect, on site or on
invitation, any information and any justification

useful. They can access computer programs
and data, as well as request their transcription by
any suitable means in documents directly
usable for control purposes.

They may, at the request of the President
Authority, be assisted by experts appointed by
the authority on which they depend.

Only a healthcare professional can
request the communication of medical data
individuals included in a treatment necessary for
purposes of preventive medicine, medical research,
medical diagnoses, care administration
or treatments, or the management of health services, and
which is implemented by a member of a profession of
health.

At the end of the visit, it is trained
contradictory records of verifications and
visits conducted.

The minutes are sent, for observations,
to the Authority.

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Article 490 : Time limits

The various deadlines provided for by the provisions
of this Book to enable the Authority to rule
are doubled in the event of exercise by the Authority of one of the
investigative powers provided for in Articles 487, 488 and
490 of this code.

BOOK SIXTH
CYBERCRIME AND
CYBERSECURITY

TITLE I
THE FIGHT AGAINST CYBERCRIME

CHAPTER I
GENERAL PRINCIPLES

Article 491 : Purpose

The provisions of this Book establish the rules
and the methods of combating cybercrime by
Republic of Benin. They also fix the frame

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institutional, the rules and terms of use of
cryptology in the Republic of Benin.

Article 492 : Scope

The powers and procedures provided for in the
this Title for the purposes of investigations or proceedings
specific penalties apply:

1.the criminal offenses established in accordance with
in Title I of this Book;
2.all other criminal offenses committed
on and by means of a computer system;
3.the collection of electronic evidence of any
criminal Offence.
Article 493 : Guarantee of fundamental rights and
freedoms

The implementation and application of powers and
procedures provided for in this Title are subject to the
conditions and safeguards provided for by the internal law of
the Republic of Benin, which must provide protection
adequate human rights and freedoms, in
particular rights established in accordance with

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obligations that it has subscribed to in application of
International Covenant on Civil and Political Rights
United Nations and the African Charter on Human Rights
man and peoples or other instruments
applicable international rights
man, and which must integrate the principle of
proportionality.

Article 494 : Liability of legal persons

Legal persons other than the State,
local authorities and public establishments are
responsible for the offenses provided for by the provisions
of this Book when they are committed for their
account by any natural person, acting either
individually, or as a member of a
the legal person, which exercises a power of direction in
its bosom, founded:

1.on a person's power of representation
moral;
2.on an authority to make decisions at
name of the person

moral;

3.on an authority to exercise control within
of the legal person.

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In addition to the cases already provided for in the previous paragraph, a
legal person can be held responsible
when the lack of supervision or control on the part of
a natural person mentioned in the previous paragraph
made it possible for the Authority to commit offenses under the
provisions of this Book on behalf of said
legal person by a natural person acting
under his authority.

The liability of legal persons does not exclude
not that of natural persons authors or accomplices
of the same facts.

The penalties incurred by legal persons,
for the offenses referred to in Title I of this Book, are
the following :

1.a fine of which the maximum amount is equal
five times that provided for people
physical by the law which punishes the offense;
2. the dissolution, when the legal person has been
created or, in the case of a felony or misdemeanor
punished with regard to natural persons
with a prison sentence of more than five
(05) years old, diverted from its purpose to commit
the incriminated facts;

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3. the definitive ban or for a period of five
(05) years at most to practice directly or
indirectly one or more activities
professional or social;
4.the final closure or for a period of five
(05) years at most of one or more of the
company establishments used to
commit the incriminated acts;
5. the definitive exclusion from public contracts or
for a period of five (05) years at most;
6. the final ban or for a period of five
(05) years at most of making a public offering
;
7.the ban for a period of five (05) years at
no longer issue checks other than those that
allow the withdrawal of funds by the drawer from
of the drawee or those who are certified or to use
payment cards;
8. the confiscation of the thing that was used or was
intended to commit the offense or thing
who is the product;
Any legal person condemned to one of the
penalties listed above has the obligation to display the

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decision pronounced or disseminate it through the written press
either by any means of communication to the public by
electronic.

CHAPTER II
RESPONSIBILITY OF INTERNET PLAYERS

SECTION I
OF THE GENERAL REGIME OF RESPONSIBILITIES

Article 495 : Data retention obligation

Online service providers hold
and keep the data of such a nature as to allow
identification of anyone who contributed to the creation of the
content or any of the content of the services they
are providers.

They provide people who edit a
online public communication service means
techniques allowing them to meet the
identification conditions provided for in article 501.

Magistrates and officials responsible for
the implementation of the exercise of public action,

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administrative authorities mentioned in article 595 of
this code could require from suppliers
of online services, in accordance with the law, the
conservation and protection of integrity as well as
communication of the data mentioned in the first
indentation.

The provisions provided for in Book V of this
code are applicable to the processing of this data.

Article 496 : Liability of supplying operators
internet access

Operators providing internet access do not
are not responsible for the content of the information
that they transmit and to which they give access, if
is satisfied with each of the following conditions:

1. they are not the source of the transmission;
2.they do not select the recipient of the
transmission;
3.they do not select or modify the
information that is the subject of the transmission.

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For the purposes of this article, the activities
operators providing internet access referred to in
paragraph 1 st
include storage
automatic, intermediate and transient of
information transmitted, insofar as this storage
serve exclusively for the execution of the transmission on
the communications network and that its duration does not exceed
not the time reasonably necessary to
transmission.

Operators providing internet access
inform their subscribers of the existence of
techniques for restricting access to certain
services or select them, and offer them to
least one of these means.

Article 497 : Liability of service providers
online

Online service providers cannot
not see their civil liability incurred as a result of
activities or information stored at the request of a
recipient of their services, if they did not
effective knowledge of their illegal nature or
of facts and circumstances showing this character
or if, from the moment they became aware of it, they had
act promptly to remove or return such data
access impossible.

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The previous paragraph does not apply when the
recipient of the service acts under the authority or control
from the online service provider.

Online service providers cannot
see their criminal liability incurred due to the
information stored at the request of a recipient of
their services if they did not actually
knowledge of illegal activity or information or
if, from the moment they learned about it, they had
acted promptly to remove this information or
make access impossible.

The previous paragraph does not apply when the
recipient of the service acts under the authority or control
of the person referred to in said paragraph.

The fact, for any person, of presenting to a
online service provider content or
activity as illegal in order to obtain the
withdrawal or to stop the distribution, when she knows
this inaccurate information, is punished by one (1) year
imprisonment and a fine of five million (5
000,000) CFA francs.

Article 498 : Notification of illegal content

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Knowledge of the disputed facts is presumed
acquired by the online service provider, when
it is notified of the following:

1. the date of the notification;
2.if the notifier is a natural person: his
surname, first names, profession, domicile, nationality,
date and place of birth ; if the notifier is a
legal person: its form, its name,
its head office and the body that represents it
legally;
3.the name and address of the recipient or, if it is
of a legal person, its name and
the head office ;
4.description of the disputed facts and, if possible,
their precise location;
5. the reasons why the content should be removed,
including the mention of legal provisions
and justifications of fact;
6.Copy of correspondence addressed to the author
or to the publisher of the information or activities
litigation demanding their interruption, their
withdrawal or modification, or the justification of
what the author or publisher could not be contacted.

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Article 499 : No general obligation to
surveillance

Operators providing internet access and
online service providers are not subject
a general obligation to monitor information
that they transmit or store, nor to an obligation
general search for facts or circumstances
revealing illicit activities. They are, however, required to
the obligation of vigilance provided for in article 377 of this
coded.

The previous paragraph is without prejudice to any
targeted and temporary surveillance activity requested
by the police, gendarmerie or the authority
judicial.

Article 500 : Cooperation in the fight against
cybercriminality

In view of the general interest attached to
repression of the apology for crimes against humanity, of
incitement to racial hatred as well as pornography
childish, operators providing internet access
and online service providers must compete
to the fight against the offenses referred to in this Book.

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As such, they must put in place a system
easily accessible and visible allowing any
person to bring to their attention the facts
fall under. They also have the obligation, on the one hand,
promptly inform the competent authorities of
all illicit activities mentioned in the previous paragraph
that would be reported to them and that would be exercised
recipients of their services, and, on the other hand, to render
the resources they devote to the fight against
these illicit activities.

The judicial authority can order, in summary or
upon request, to any online service provider, and to
default, to any operator providing internet access,
all measures to prevent damage or to cause
cease damage caused by the contents of a
online service.

Article 501 : Publisher of communications services at
public online

People whose activity is to edit a
online public communications service provide
available to the public, in an open standard:

1.in the case of natural persons, their name,
first name, address and telephone number and, if
they are subject to registration formalities

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in the Register of Commerce and Securities or
an equivalent register, the number of their
registration;
2.in the case of legal persons, their
name or company name, number
phone number and, in the case of companies
subject to registration formalities
Trade and Personal Property Credit Register or a
equivalent register, their registration number,
their share capital, the address of their registered office;
3.the name of the director and co-director of the
publication and, where applicable, that of
responsible for writing;
4.the name, denomination or company name and
the address and telephone number of the
Online service provider.
People editing on a non-professional basis
an online public communications service can
keep available to the public, in order to preserve their
anonymity, whether the name, denomination or reason
social and online service provider address,
subject to having communicated the elements
identification provided for in this article.

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Online service providers are required
to an obligation of confidentiality, for everything
concerns the disclosure of these identifying elements
or any information allowing to identify the
concerned person. This confidentiality obligation
is not opposable to the judicial authority, nor to the services
police and gendarmerie investigation.

Article 502 : Sanctions

Is punished by one (1) year of imprisonment and
fifty million (50,000,000) CFA francs fine
the fact, for a natural person or the legal manager
or de facto of a legal person exercising the activity of
internet service provider or internet service provider
online services, not to meet any
of the obligations defined in articles 495 to 500 of this
coded.

Is punished by one (1) year of imprisonment and
fifty million (50,000,000) CFA francs fine
the fact, for a natural person or the legal manager
or de facto of a legal person carrying out the activity
publisher of communications services to the public in
line, for not having complied with the
article 501 of this code.

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SECTION II
SPECIAL RESPONSIBILITY REGIMES

Article 503 : Cache providers

Cache providers are not
responsible for the data and information they process
within the framework of their activities, provided that each
of the following conditions is fulfilled:

1. they do not modify the information;
2.they comply with the conditions of access to
information;
3.they comply with the rules regarding the wagering
up-to-date information, indicated in a
widely recognized and used in the industry;
4.they do not interfere with the legal use of the
technology, widely recognized and used by the
sector, in order to obtain data on
use of information;
5.they act promptly to remove
information stored or to provide access to
this one impossible as soon as they have actually

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knowledge that the information at the origin
transmission has been removed from the network or
fact that access to information has been made
impossible, or because an authority
administrative or judicial order to withdraw
information or provide access to it
impossible.
Article 504 : Providers of hypertext links

Hyperlink providers are not
responsible for the information they give
access, provided that:

1.they quickly remove or prevent access
to information after receiving an injunction
of the judicial authority, to remove the link
hypertext; and
2.when they became aware or aware
other than by an injunction of the authority
judicial, specific illegal information
stored
or
of
activities
that would be exercised by the recipients of their
services, promptly inform the
police, to enable them to assess the nature of
information or activities and, if necessary,
order the content to be removed.

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Article 505 : Search engine providers

Online service providers who, from
automatically or on the basis of inputs
performed by others, create an index of content in
online or provide electronic means
to search for information provided by third parties, do not
are not responsible for the search results, to
provided that they:

1. are not at the origin of the transmission;
2. do not select the recipient of the
transmission; and
3.Do not select or modify the
information contained in the transmission.
Article 506 : Accommodation activities

A host is not responsible for
information stored at the request of a user of the
service it provides, provided that:

1.when he has knowledge of illegal information
specific stored or illegal activities
that the recipients of the service would exercise, it

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promptly inform the police or
judicial, in order to enable them to assess the
nature of the information and, if necessary, make
issue an injunction to remove the content.
As long as the police and / or
courts have not made a decision regarding
copying, accessibility and withdrawal of data
stored, the host can only take
measures to prevent access to these
data; or
2.the host withdraws, makes access impossible or
promptly disables data access
after receiving police services or
judicial, an injunction to remove the data.
Paragraph 1 st
does not apply when the
recipient of the service acts under the authority or control
of the host.

CHAPTER III
BREACHES TO NETWORKS AND SYSTEMS
OF INFORMATION

Article 507 : Illegal access and maintenance

illegal

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Anyone
accessed
or
se
intentionally and without right, in the aggregate or
part of a computer system is punished with
imprisonment from one (01) to five (05) years and one
a fine of five hundred thousand (500,000) CFA francs to a
million (1,000,000) CFA francs or one of these
penalties only.

maintains

Anyone
accessed
or
se
intentionally and without right, in the aggregate or
part of a computer system, with an intention
fraudulent is punishable by imprisonment of two (02)
years to five (05) years and a fine of five hundred thousand
(500,000) CFA francs to two million (2,000,000)
CFA francs or one of these penalties only.

maintains

Anyone with fraudulent intent or
with the aim of causing harm, exceeds its power of lawful access
to a system
computer science,
is
punished of a
imprisonment of two (02) years to five (05) years and one
a fine of five hundred thousand (500,000) CFA francs to two
million (2,000,000) CFA francs or one of these
penalties only.

When it results from the facts referred to in paragraphs 1 to 3
either the deletion, the obtaining or the modification of
data contained in the computer system, either
an alteration in the functioning of this system

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IT, the penalties provided for in these paragraphs will be
doubled.

When the facts referred to in paragraphs 1 to 3 are
committed in violation of security measures, the penalty is
criminal imprisonment from ten (10) years to twenty (20)
years and a fine of five million (5,000,000) francs
CFA to five hundred million (500,000,000) CFA francs.

Access, for a fixed period, to
computer systems is authorized without secrecy
professional or banking may be opposed
in accordance with the provisions of the Code of Procedure
criminal.

Article 508 : Computer data breach

Anyone who intercepts, discloses, uses, alters
or intentionally and unlawfully misappropriates
technical means, computer data during
their non-public transmission to destination,
origin or within a computer system, including
including electromagnetic emissions from
of a computer system carrying such
computer data, is punishable by imprisonment of
two (02) years to five (05) years and a fine of five
one hundred thousand (500,000) CFA francs to two million
000,000) CFA francs.

(2

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Anyone who unauthorized transfers
data from a computer system or means of
computer data storage is punished with a
imprisonment of five (05) years to ten (10) years and one
fine of five million (5,000,000) to one hundred million (100
000,000) CFA francs.

If the offense referred to in the previous paragraph is
committed with fraudulent intent, or in connection
with a computer system connected to another
computer system, or bypassing
protection in place to prevent access to the
content of non-public transmission, penalties
provided for in the previous paragraph are doubled.

A person does not commit an offense
meaning of this article, if:

1.interception is carried out in accordance with a
court order;
2. the communication is sent by or is
intended for a person who has consented to
the interception;
3.an authorized official considers that a
interception is necessary in an emergency,
for the purpose of preventing death, injury or

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damage to physical or mental health
of a person, or to mitigate an injury or
damage to the physical or mental health of a
person ;
4.a legal or natural person is legally
authorized for the purposes of public safety
or national defense; or
5.a legal or natural person is legally
authorized under the provisions of the
penal procedure.
Article 509 : Attack on the integrity of the system

Anyone who, intentionally and without right,
directly or indirectly causes, by any means
technological, an interruption of
normal computer system is punished with
imprisonment of two (02) years to five (05) years and one
fine of five million (5,000,000) to five hundred million
(500,000,000) CFA francs or one of these penalties
only.

Anyone, following the commission of the acts referred to
paragraph 1 st , causes damage to data in the
computer system concerned or in any other
computer system, is punishable by imprisonment of
five (05) years to ten (10) years and a fine of five
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million (5,000,000) to five hundred million (500,000,000)
CFA francs or one of these penalties only.

Anyone, following the commission of the acts referred to
paragraph 1 st , causes a serious disturbance or
totally or partially prevents the operation
normal computer system concerned or any
other computer system, is sentenced to imprisonment
criminal in time from ten (10) years to twenty (20) years and one
fine of five million (5,000,000) to five hundred million
(500,000,000) CFA francs or one of these penalties
only.

When the commission of the acts referred to in paragraph
1 st affects one or more sensitive infrastructures, at
meaning of this code, the responsible person is
sentenced to criminal imprisonment at time of ten (10)
years to twenty (20) years and a fine of five million (5
000,000) to five hundred million (500,000,000) CFA francs
or one of these penalties only.

The term of imprisonment and the fine are
applicable even if the consequences on the
computer systems referred to in the previous paragraphs
are temporary or permanent.

Article 510 : Breach of data integrity

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Anyone who, intentionally and without rights,
directly or indirectly damages, erases,
deteriorates, alters or deletes computer data
is punished by imprisonment of six (06) months to five (05)
years and a fine of five hundred thousand (500,000) francs
CFA to two million (2,000,000) CFA francs or one
of these penalties only.

If the offense referred to in paragraph 1 st, is committed with
fraudulent intent or with the aim of causing harm, the penalty
of imprisonment is from two (02) years to five (05) years and
a fine of five hundred thousand (500,000) francs to two
million (2,000,000) CFA francs or one of these penalties
only.

The term of imprisonment and the fine are
applicable even if the consequences on the
computer systems referred to in the previous paragraphs
are temporary or permanent.

Article 511 : Abuse of devices

Anyone who, intentionally and without rights,
produces, sells, obtains for use, imports,
exports, distributes or makes available under another
shape, any device, including data
computer or computer programs,
primarily designed or adapted to enable the

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commission of one or more offenses referred to in Title
I of this Book, is punished by imprisonment for two
(02) years to five (05) years and a fine of five hundred
one thousand (500,000) CFA francs to two million (2,000,000)
CFA francs or one of these penalties only.

Anyone who, intentionally and without rights,
has within the meaning of this code, with the intention of
use any device, including data
computer systems, primarily designed or adapted for
allow the commission of one or more offenses
referred to in Title I of this Book is punishable by
imprisonment of six (06) months to five (05) years and one
a fine of five hundred thousand (500,000) CFA francs to two
million (2,000,000) CFA francs or one of these
penalties only.

Is punished with a term of imprisonment of two
(02) years to five (05) years and a fine of five hundred
one thousand (500,000) CFA francs to two million (2,000,000)
CFA francs or one of these penalties only, all
public officer or official, custodian or agent of
public force who, during the exercise of their
functions, except in the cases provided for by law or without respecting
the formalities that it prescribes, unduly, possesses, produces,
sells, obtains for use, imports, distributes or
makes a device available in another form, including
including computer data, mainly

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designed or adapted to allow the commission of one or
several offenses referred to in Title I of this Book.

Article 512 : Computer forgery

Whoever commits a forgery, by introducing,
intentionally and without rights, in a system
data processing, by modifying, altering or deleting
data, which are stored, processed or transmitted by a
computer system, or by modifying by any means
technological use of the data in a
computer system, with the intention that they
are taken into account or used for legal purposes
as if the falsified data were genuine, is
punished by imprisonment of five (05) years to ten (10) years
and a fine of five million (5,000,000) to fifty
million (50,000,000) CFA francs or one of these
penalties only.

Whoever seeks to obtain, for himselfeven or for others, with fraudulent intent, a
illegal economic advantage by introducing into a
computer system, by modifying or deleting
data that is stored, processed or transmitted by a
computer system, or by modifying by any means
technological normal use of data in a
computer system, is punishable by imprisonment of
five (05) years to ten (10) years and a fine of five

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million (5,000,000) to fifty million (50,000,000)
CFA francs or one of these penalties only.

Anyone who knowingly decides to
use falsified data within the meaning of paragraphs 1
and 2, without being the author, is punished by imprisonment
from five (05) years to ten (10) years and a fine of five
million (5,000,000) to fifty million (50,000,000)
CFA francs or one of these penalties only, such as
if he was the author of the computer forgery.

The term of imprisonment and the fine are
applicable even if the consequences on the
computer systems referred to in the previous paragraphs
are temporary or permanent.

Article 513 : Computer fraud

Anyone who, intentionally and without rights,
cause or seek to cause financial damage to
others with the intention of obtaining a benefit
economic illegal to oneself or to a third party, is
punished by imprisonment of five (05) years to ten (10) years
and a fine of five million (5,000,000) to fifty
million (50,000,000) CFA francs:

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1.by entering into a computer system,
modifying, altering or erasing data which
are stored, processed or transmitted by a
computer system; or
2.by disrupting the normal operation of a
computer system or data y
contained.

CHAPTER IV
OFFENSES RELATED TO THE USE OF
PERSONAL DATA

Article 514 : Sending unsolicited messages

Any unsolicited email sent
on the basis of the collection of personal data
personnel must contain a link that can allow the
beneficiary to unsubscribe.

Failure to comply with this provision exposes the
violating a fine of five hundred thousand (500,000)
CFA francs to two million (2,000,000) CFA francs.

Article 515 : Deception

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Anyone who uses the credentials
of a natural or legal person for the purpose of
deceive the recipients of an e-mail or
users of a website in order to bring them to
communicate personal data or
information
confidential
imprisonment for five (5) years and a fine of
twenty-five million (25,000,000) CFA francs.

is

punished

of a

Article 516 : Embezzlement

Anyone who will use personal data
personal or confidential information
communicated for the purpose of embezzling funds
public or private is punished with imprisonment of ten
(10) years and a fine of one hundred million
000) CFA francs.

(100,000

Article 517 : Unauthorized processing

Anyone who has treated
personal data either without having
individually informed beforehand
concerned about their right of access, rectification or
opposition, the nature of the data transmitted and the

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recipients of these, or despite the opposition of the
person concerned is punished according to the penalties provided for in
article 454 of this code.

CHAPTER V
INJURY TO PERSONS AND PROPERTY

SECTION I
PROTECTION OF MINORS

Article 518 : Child pornography

Anyone who will have through a system
computer, intentionally and without right, exposed,
product for himself or for others, sold, offered, rented,
distributed, transmitted, broadcast, published or made available
emblems, objects, films, photos, slides or
other visual aids that represent positions or
pornographic sexual acts,
involving or presenting minors or will have them, in view
trade or distribution, dissemination, manufactured,
detained, imported or caused to be imported, handed over to a
transport or distribution, is punished by imprisonment
two (02) years to seven (7) years and a fine of twenty
million (20,000,000) to one hundred million (100,000,000)
CFA francs.

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Anyone who acquires, holds or will have possessed at
meaning of this code, intentionally and without right, of
child pornography within the meaning of this code in
a computer system or storage medium
computer data, is punished with imprisonment of
six (06) months to five (05) years and a fine of
fifty million (50,000,000) to five hundred million (500
000,000) CFA francs or one of these penalties
only.

Anyone who usually consults or
counterpart of a payment a communication service
to the public online making
child pornography within the meaning of this code, by
any means whatsoever is punished by ten (10) years
imprisonment and twenty-five million (25,000,000)
CFA francs fine.

The provisions of this article are
also applicable to pornographic images
of a person whose physical appearance is that of a
minor and whose objective is to make the person
as a minor and this even if it is established that this
person was eighteen (18) years old on the day of the
fixing or recording his image.

Confiscation can be applied against
offenses referred to in paragraphs 1 and 2, even when the

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ownership of the things to which the offense relates
do not belong to the condemned.

The criminal liability of the author is not in
cause when the act is committed for the purpose of
repression of child pornography.

A ban, as provided for by the code
criminal, can be pronounced by the courts as a
additional penalty.

A temporary or definitive ban on
frequent certain places, establishments that are
entrusts the custody of minors or to exercise certain
activities likely to put the convict in touch with
minors, can be pronounced by the courts. This
ban is extended in the event of a repeat offense.

Without having regard to the quality of the person
physical or moral of the operator, owner, tenant
or manager, the court may order the closure of
the establishment in which the offenses were
committed, for a period of one (01) month to three (03)
years.

Article 519 : Solicitation of minors for sexual purposes

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An adult who intentionally, by the
through communication technologies and
information, a meeting with a minor child, in the
purpose of committing one of the offenses against him
referred to in Article 518, is punishable by the same penalties as
those under Article 518, Paragraph 1 st .

When the sexual proposition has been followed
material acts leading to the said meeting, the author
commits an aggravated offense and is punished with
criminal imprisonment from ten (10) years to twenty (20)
years and a fine of one hundred million (100,000,000) to five
one hundred million (500,000,000) CFA francs or one of
these penalties only.

Article 520 : Facilitation of the access of minors to
pornographic content

A person who facilitates the access of minors to
images, documents, sound or a
representation of pornography,
through communication technologies and
information, is punished by the same penalties as those
provided for by the provisions of the penal code relating to
corruption of youth.

Whoever manufactures, transports, diffuses by
whatever means and whatever the medium

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a violent or pornographic message or
such as to seriously undermine human dignity
or to induce minors to engage in games involving them
physically in danger, or to trade in such
message, is punished by the same penalties as those provided
by the provisions of the penal code relating to
corruption of youth.

When the offenses provided for in paragraph
precedent are submitted through the print media
or audiovisual or communication to the public in
line, the specific provisions of the laws governing
these matters are applicable with regard to the
determination of responsible persons.

Article 521 : Corruption offense of a minor

Anyone who will promote the corruption of a minor
by means of or over a communication network
electronic or computer system is punished with ten
(10) years' imprisonment and twenty-five million (25
000,000) CFA francs fine. These penalties are
increased to twelve (12) years' imprisonment and thirtyfive million (35,000,000) CFA francs fine
when the acts are committed in the establishments
teaching or education or on the premises of
administration, as well as, when entering or leaving

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students or the public or in a time very close to
these, around these establishments or premises.

The penalties are increased to fifteen (15) years
imprisonment and fifty million (50,000,000)
CFA francs fine when the acts were committed
against a minor under fifteen (15) years old.

Article 522 : Prostitution of minors

The act of soliciting, accepting or obtaining, in
exchange of remuneration or a promise of
remuneration, relationships of a sexual nature on the part of
a minor who engages in prostitution, including
occasionally, is punished by twenty (20) years
imprisonment and fifty million (50,000,000)
CFA francs fine when the person has been placed in
contact with the perpetrator by means of a
electronic communication network or system
computer science.

SECTION II
SEXUAL OFFENSES AND PROSTITUTION

Article 523 : Rape

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Rape is punished by twenty (20) years of imprisonment
criminal and fifty million (50,000,000) francs
CFA fine when the victim has been contacted
with the perpetrator by means of or on a network of
electronic communication or system
computer science.

Article 524 : Sexual offenses

Sexual assault other than rape is
punished by ten (10) years imprisonment and twenty-five
million (25,000,000) CFA francs in fines when the
victim was put in contact with the perpetrator in the
by means of or over a communication network
electronic or computer system.

Article 525 : Prostitution of vulnerable persons

Is punished by the penalties provided for in article 522 the fact
to solicit, accept or obtain, in exchange for a
remuneration or a promise of remuneration,
sexual intercourse by a person who engages
prostitution, including on an occasional basis,
when this person presents a particular
vulnerability, apparent or known to its author, due to
illness, infirmity, physical impairment or
psychic or in a state of pregnancy.

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SECTION III
FROM FRAUD TO BANK CARDS

Article 526 : Credit card fraud

Is punished by five (5) years imprisonment and
a fine of ten million (10,000,000) francs
CFA does it for everyone:

1.forge or falsify a credit card
payment or withdrawal by means of or on a
electronic communication network or a
computer system;
2.to make informed use of a
counterfeit payment or withdrawal card or
falsified by means of or on a network of
electronic communication or system
computer science ;
3.to accept, knowingly, to
receive payment using a credit card
counterfeit or falsified payment by means of a
or on an electronic communication network
or a computer system.
Is
punished of
eight
imprisonment and ten million (10,000,000)

(8)

years

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of CFA francs fine, does it for any
person, to manufacture, to acquire, to hold, to
assign, offer or make available
equipment,
instruments,
computer or any data designed or
specially adapted for committing the
offenses set forth in paragraph 1 st .

programs

Confiscation, for the purpose of destruction
counterfeit or falsified payment cards is
compulsory in the cases provided for above. Is
also obligatory the confiscation of
materials, machines, apparatus, instruments,
computer programs or any data
which served or were intended to serve the
manufacture of said articles, except when they have been
used without the owner's knowledge.

In all cases provided for in the above paragraphs
above, the court can pronounce the ban
civic, civil and family rights as well as
the ban, for a period of five (5) years at
more, to exercise a professional activity or
social.

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CHAPTER VI
OTHER OFFENSES

Article 527 : Recording of images relating to the
commission of offenses

Is constitutive of an act of complicity of
intentional attacks on the integrity of the person, the fact
to knowingly record, by any means whatsoever,
on any medium whatsoever, images relating to the
commission of offenses.

Broadcasting the recording of such
images is punished by five (5) years of imprisonment and
a fine of twenty-five million (25,000,000) CFA francs.

This article is not applicable when
the recording or broadcasting results from the exercise
of a profession whose purpose is to inform the
public or is made to serve as evidence in court.

Article 528 : Elements to manufacture gear
destruction

The fact of broadcasting, by means of or on a
electronic communication network or system

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IT, except for professionals,
processes allowing the manufacture of
destruction made from powder or substances
explosives, nuclear, biological or
chemicals, or from any other product intended for
domestic, industrial or agricultural use, is punished by ten
(10) years' imprisonment and twenty-five million (25
000,000) CFA francs fine.

When these procedures enabled the commission
of murder or assassination, the penalty is twenty (20) years
imprisonment and a fine of fifty
million (50,000,000) to one hundred million (100,000,000)
CFA francs.

CHAPTER VII
INFRINGEMENT OF PROPERTY RIGHTS
INTELLECTUAL AND INDUSTRIAL

Article 529 : Existing provisions

The provisions of this chapter come from
complete the provisions of Law n ° 2005-30 of April 10
2006 on the protection of copyright and
neighboring rights in the Republic of Benin.

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Article 530 : Offenses relating to infringements of property
intellectual and related rights

In article 2 of law n ° 2005-30 of April 10, 2006
on the protection of copyright and rights
neighbors in the Republic of Benin, the
following changes:

"The author of any original work of the mind,
literary or artistic, whatever the genre, the
form of expression, merit or destination, enjoys on
this work, by the sole fact of its creation, of a right of
intangible property, exclusive to all and enforceable against all
".

In article 8 of law n ° 2005-30 of April 10, 2006
on the protection of copyright and rights
neighbors in the Republic of Benin, the
following changes:

"Constitute the works of the mind protected by
this law:

(…)

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- software, including design hardware
preparatory;

(…) ”.

SECTION I
INFRINGEMENT OF PROPERTY RIGHTS
INTELLECTUAL

Article 531 : Sanctions

Are punished with a prison sentence of
three (03) months to two (02) years and a fine of five
one hundred thousand (500,000) CFA francs to ten million (10,000,000)
of FCFA, intellectual property infringements
committed by means of or over a network of
electronic communication or system
computer science.

Article 532 : Works of the mind

Constitutes an infringement of intellectual property,
the fact, without the authorization of the author or his successors in title
to reproduce, represent or make available to the
public an intellectual work protected by copyright

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or a neighboring right by means of or on a network of
electronic communication or system
computer science.

Article 533 : Trademark infringement, trade name,
appellation
original,
geographical

indication

Constitutes an infringement of intellectual property,
the act without the authorization of the author or his successors in title,
to reproduce, to use, to sell, to denigrate, to
misrepresent a brand, a trade name, a
designation of origin or a geographical indication
owned by a third party by means of or on a network of
electronic communication or system
computer science.

Article 534 : Counterfeiting of designs

Constitutes an infringement of intellectual property,
the fact, without the authorization of the author or his successors in title
to reproduce, represent or make available
of the public, a design or model protected by law
copyright or related right by means of or on a
electronic communication network or system
computer science.

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Article 535 : Infringement of patent property rights

Constitutes an infringement of intellectual property
the fact, knowingly, without right, of
sell or make available to the public by
reproduction or by representation, a good or a product
protected by a patent for invention by means of one or more
an electronic communication network or system
computer science.

Article 536 : Breach of layout designs
integrated circuits

Constitutes an infringement of intellectual property,
the fact, knowingly, without right, of
sell or make available to the public by
reproduction or representation a diagram of
configuration of integrated circuits by means of a
an electronic communication network or system
computer science.

Article 537 : Breach of an effective technical measure

Is punished by seven hundred thousand (700,000) CFA francs
a fine, knowingly infringing, for purposes
other than research, to an effective technical measure
in order to alter the protection of a work by decoding,

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decryption or any other personal intervention
intended to circumvent, neutralize or eliminate a
protection or control mechanism, when this
impairment is achieved by means other than the use
a technological application, a device or a
existing component.

Is punished by six (6) months imprisonment and
five hundred thousand (500,000) CFA francs fine, the fact of
knowingly procure or offer to others, directly or
indirectly, means designed or specially
adapted to undermine a technical measure
effective, by one of the following methods:

1.by making or importing an application
technological, device or component, to
for purposes other than research;
2.by holding for sale, loan or
rental, by offering for the same purposes or by
making available to the public under some
form whatsoever, a technological application,
a device or component;
3. providing a service for this purpose;
4.by encouraging use or ordering,
designing, organizing, reproducing, distributing
or showing an advertisement in favor of one of the
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processes referred to in points 1 to 3 by means of one or
on an electronic communication network or
a computer system.
These provisions are not applicable to
acts carried out for computer security purposes.

Article 538 : Deletion of an element of information on
the rights regime to infringe
copyright

Is punished by seven hundred thousand (700,000) CFA francs
fine, knowingly removing or modifying
and for purposes other than research, any element
information on the rights regime, by a
personal intervention not requiring the use of
technological application, device or
existing component, designed or specially adapted to
this end, with the aim of infringing copyright,
to conceal or facilitate such infringement.

Is punished by six (6) months imprisonment and
five hundred thousand (500,000) CFA francs fine, the fact of
knowingly procure or offer to others, directly or
indirectly, means designed or specially
suitable for removing or modifying, even partially,
an element of information on the rights regime, in the
aim to infringe a copyright, to conceal or

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to facilitate such an attack, by one of the methods
following:

1.by making or importing an application
technological, device or component, to
for purposes other than research;
2.by holding for sale, loan or
rental, by offering for the same purposes or by
making available to the public under some
whether it is a technological application,
a device or component;
3. providing a service for this purpose;
4.by encouraging use or ordering,
designing, organizing, reproducing, distributing
or showing an advertisement in favor of one of the
processes referred to in points 1 to 3 by means of one or
on an electronic communication network or
a computer system.
Is punished by six (6) months imprisonment and
five hundred thousand (500,000) CFA francs fine, the fact
knowingly, to import, distribute, update
available to the public in any form or
to communicate to the public, directly or indirectly,
a work of which an element of information on the plan
rights has been removed or modified in order to bring

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copyright infringement, to conceal or facilitate
such an attack.

These provisions are not applicable to
acts carried out for research or security purposes
computer science.

Article 539 : Alteration

Is punished by seven hundred thousand (700,000) CFA francs
a fine, knowingly infringing, for purposes
other than research, to an effective technical measure
in order to alter the protection of an interpretation,
phonogram, videogram or program
by decoding, decryption or any other
personal intervention intended to circumvent,
neutralize or remove a protection mechanism or
control, when this infringement is carried out by other
means that the use of a technological application,
of an existing device or component mentioned in
chapter II of this Book.

Is punished by six (6) months imprisonment and
five hundred thousand (500,000) CFA francs fine, the fact of
knowingly procure or offer to others, directly or
indirectly, means designed or specially
adapted to undermine a technical measure
effective, by one of the following methods:

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1.by making or importing an application
technological, device or component, to
for purposes other than research;
2.by holding for sale, loan or
rental, by offering for the same purposes or by
making available to the public under some
whether it is a technological application,
a device or component;
3. providing a service for this purpose;
4.by encouraging use or ordering,
designing, organizing, reproducing, distributing
or showing an advertisement in favor of one of the
processes referred to in points 1 to 3.
These provisions are not applicable to
acts carried out for computer security purposes.

SECTION II
ILLICIT MEANS OF EXCHANGE AND
DOWNLOAD ON THE INTERNET

Article 540 : Persons facilitating on networks,
trades
protected elements

illicit

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Is punished by three (3) years of imprisonment and
three million (3,000,000) CFA francs fine, the fact:

1. to edit, make available to the public or
communicate to the public, knowingly and under
whatever form it is, a software
clearly intended for the provision of
unauthorized audience of works or objects
protected;
2. knowingly incite, including through a
advertisement, for software use
mentioned in point 1, by means of a
electronic communication network or a
computer system.
Article 541 : Infringement of copyright by a service of
online public communication

In the presence of copyright infringement or
to a neighboring right caused by the content of a service
communication to the public online, the court of
first instance, may order at the request of the
holders of rights in protected works and subject matter,
their beneficiaries, all measures to prevent or
to put an end to such infringement of copyright or
neighboring right, against any person likely to
help remedy it.

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Article 542 : Obligation of the internet subscriber to ensure that
that his internet access does not
the object
of a
use
illegal download

type

The person having access to
communication to the public online has an obligation to ensure
that this access is not used for
for the purposes of reproduction, representation, updating
provision or communication to the public of works or
objects protected by copyright or by a right
neighbor without the permission of the rights holders
when required.

The failure of the person
access to the obligation defined in the first paragraph does not
the effect of engaging the criminal liability of
the interested party, subject to Articles 544 and 545 below.
below.

Article 543 : In the event of illegal downloading: response
graduated

In the event of an offense defined in article 542 above
above, the national body in charge of copyright and
neighboring rights can send to the subscriber, under his
stamp and on its behalf, electronically and by
the intermediary of the person whose activity is to offer a

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access to online communication services to the public
having concluded a contract with the subscriber, a
recommendation reminding him of the provisions of article
below, urging him to respect the obligation
that they define and warn him of the sanctions
incurred. This recommendation also contains
information for the subscriber on the legal content offer
cultural online, on the existence of means of
security to prevent breaches of
the obligation defined in the above article as well as on the
dangers for the renewal of artistic creation
and for the economy of the cultural sector, practices do not
not respecting copyright and neighboring rights.

In case of renewal, within six (6)
months from the sending of the recommendation referred to in
1st paragraph, of facts likely to constitute a
breach of the obligation defined in the above article, the
Beninese Copyright Office can send a
new recommendation with the same
information than the previous one by electronic means
as provided in the 1 st paragraph. She must match
this recommendation of a letter delivered against
signature or any other means suitable for establishing the
proof of the date of presentation of this
recommendation.

The recommendations made on the
basis of this article mention the date and

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the time at which the facts likely to constitute a
breach of the obligation defined in the above article
have been observed. However, they do not disclose the
content of the works or protected subject matter concerned by this
breach. They indicate the coordinates
telephone, postal and electronic where their
addressee can send, if he wishes,
observations to the Office of Copyright and Neighboring Rights and
obtain, if he expressly requests,
details on the content of the protected works or subject matter
concerned by the alleged breach.

Article 544 : Penalties for illegal downloading

When the offense defined in article 542 is
committed by means of a communication service to the
public online, those guilty of the offenses
counterfeits may also be condemned to the
additional penalty of a fine of one million (1,000
000) CFA francs.

When this service is purchased based on offers
commercial composites including other types of
services, such as telephone or television services,
fine decisions do not apply to these
services.

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The pronunciation of the fine does not affect, for example
itself, the payment of the subscription price to the
service provider.

Article 545 : Gross negligence

The additional penalty defined in article
previous can be pronounced according to the same
modalities, in the event of gross negligence defined above
below, against the holder of access to a service
communication to the online public to which the Bureau
Beninese copyright and neighboring rights a
previously sent, by way of a letter delivered
against signature or any other appropriate means to establish
proof of the date of presentation, a
recommendation inviting it to implement a means
for securing its internet access.

Gross negligence is assessed on the basis
acts committed no later than one (1) year after the
presentation of the recommendation mentioned in paragraph
previous.

In this case, the maximum fine is five hundred
one thousand (500,000)
CFA francs.

Article 546 : Definition of gross negligence

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The fact constitutes gross negligence,
without a legitimate reason, for the person with access
to online communication services to the public:

1.or not to have put in place a means of
securing this access;
2. or for having lacked diligence in the implementation
work of this means.
The provisions of paragraph 1 st
applicable only when the two
following conditions:

- when the access holder has been recommended
by the Beninese Copyright and Rights Office
neighbors to implement a means of securing
of its access to prevent the
renewal of a use of it for the purposes of
reproduction, representation or updating
provision or communication to the public of works
or subject matter protected by copyright or by a
neighboring right without the authorization of the holders of
rights;
- in the year following the presentation of this
recommendation, this access is used again for
purposes mentioned in point 1 of this paragraph.

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CHAPTER VIII
OFFENSES RELATING TO ADVERTISING ON
INTERNET

Article 547 : Advertising in favor of gambling and
illicit chance

Advertising by means of one or
over an electronic communication network or
computer system in favor of gambling and
Unauthorized internet hazard is prohibited.

Anyone who contravenes the prohibition defined in
the preceding paragraph, is punished by a fine of five hundred
one thousand (500,000) CFA francs.

The competent court may carry the amount
the fine to quadruple the amount of expenditure
advertisements devoted to the illegal operation.

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CHAPTER IX
ABUSIVE CONTENT AND PRESS OFFENSES
ONLINE

Article 548 : Dissemination of racist and xenophobic material
through a computer system.

Anyone who intentionally creates, downloads,
disseminate or make available in any form
either, through a hardware computer system
racist and xenophobic, within the meaning of this code, is punished
imprisonment from six (06) months to seven (07) years and
a fine of one million (1,000,000) to ten
000,000) CFA francs.

Article 549 : Threat with racist motivation and
xenophobic through a computer system

Anyone who intentionally utters a
threat through a computer system,
commit a criminal offense as defined by the
penal code, towards a person because of his
belonging to a group characterized by race,
color, ancestry or national origin or
ethnicity, or religion insofar as this
belonging serves as a pretext for one or other of these
elements, or a group of people that stands out

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by one of these characteristics is punished with a
imprisonment from six (06) months to seven (07) years and one
fine of one million (1,000,000) to ten million (10,000
000) CFA francs.

Article 550 : Harassment through
electronic communication

Anyone
initiated
a
electronics that coerce, intimidate, harass or provoke
emotional distress in a person,
using a computer system for the purpose of
encourage serious, repeated and hostile behavior

communication

is punished by a term of imprisonment of one (01) month to
two (02) years and a fine of five hundred thousand (500
000) CFA francs to ten million (10,000,000) CFA francs,
or only one of these two penalties.

Anyone who has harassed, through a
electronic communication, a person while he
knew or should have known that it would seriously affect
this behavior, the tranquility of the person concerned, is
punishable by imprisonment from one (01) month to two
(02) years and a fine of five hundred thousand (500,000)
CFA francs to ten million (10,000,000) CFA francs, or
one of these two penalties only.

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Anyone who initiates or relays false information
against a person through social networks or
any form of electronic medium is punishable by
imprisonment from one (01) month to six (06) months and one
a fine of five hundred thousand (500,000) CFA francs to a
million (1,000,000) CFA francs, or one of these
penalties only.

If the acts referred to in paragraphs 1 and 2 are committed
to the prejudice of a person whose
vulnerability due to age, pregnancy,
illness, infirmity or impairment
physical or mental was apparent or known to
the perpetrator, the minimum penalties provided for in
previous paragraphs will be doubled.

Article 551: Insult with racist motivation and
xenophobic committed through a system
computer science

Anyone who intentionally utters a
public insult through a computer system
towards a person because of their membership in a
group which is characterized by race, color,
descent or national or ethnic origin, or
religion or political opinion insofar as this
belonging serves as a pretext for one or other of these
elements, or a group of people distinguished by

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one of these characteristics is punished with a
imprisonment from six (06) months to seven (07) years and one
one million fine
(1,000,000) to ten million
(10,000,000) CFA francs.

Article 552 : Incitement to hatred and violence

Whoever has caused discrimination,
hatred or violence towards a person or
group of people by virtue of belonging to a
race, color, national or ethnic origin,
religion, gender, or disability
by means of or over a communication network
electronic or computer system, is punished with a
(01) year imprisonment and five million (5,000,000)
CFA francs fine or one of these two penalties
only.

Article 553 : Incitement to rebellion

Direct provocation to rebellion by means of
from one or over an electronic communication network or
a computer system is punished by six (06) months
imprisonment and two million (2,000,000) to ten
million (10,000,000) CFA francs in fines.

Article 554 : Provocation of felony or misdemeanor

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Will be punished as accomplices of an action
qualified as a felony or misdemeanor, those who by means of one or
over an electronic communication network or
computer system will have directly caused
the perpetrator or perpetrators to commit the said action, if the
provocation was followed by effect.

Article 555 : Incitement to commit an offense

Will be punished with one (01) year of imprisonment and
a fine of five million (5,000,000) CFA francs, those
who, by one of the means set out in the previous article,
will have directly caused, in the event that this
provocation would not have been followed by effect, to be committed
one of the following offenses by means of or on a
electronic communication network or system
computer science :

1.the attacks on the life of the person, the attacks
to the physical integrity of the person and the
sexual assault, defined by the penal code;
2.theft, extortion dangerous for
persons, defined by the penal code.
Article 556:
Negation, gross minimization,
endorsement or justification of genocide or crimes
against humanity

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A person who broadcasts or makes available by
through a computer system denying data,
grossly minimize, approve or justify
acts constituting genocide or crimes against
humanity as defined by international law and
recognized as such by a final and final decision
a national court or an established international court
by relevant international instruments and whose
jurisdiction is recognized, is punished by imprisonment
from six (06) months to seven (07) years and a fine of one
million (1,000,000) to ten million (10,000,000) francs
CFA.

Article 557: Incitement or provocation to commission
terrorist acts and apology for terrorist acts
Anyone who will have, by means of or on a network
electronic communication system or
computer, instigated or directly provoked acts
of terrorism is punished by ten (10) years imprisonment
and twenty-five million (25,000,000) CFA francs
fine.

Article 558 : Press offenses through a
electronic communication

A person who commits an offense of
press, including defamation, public insult,

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an apology for crime, through a means of
public electronic communication, is punished by the same
penalties than those provided for by law n ° 2015-07 of 20
March 2015 on the code of information and
communication in force, whatever the medium.

Article 559 : Right of reply

Any person appointed or designated by means of
from one or over an electronic communication network or
a computer system, has a right of reply,
without prejudice to requests for correction or
deletion of the message that it can send to the service.

It is presented at the latest within
three (3) months from the date of availability to the public
of the message justifying this request.

The director of the publication is required to insert
within three (3) days of receipt, responses from
any person appointed or appointed in the service of
communication to the public online under penalty of
fine of five hundred thousand (500,000) CFA francs.

Article 560 : Disclosure of details of an investigation

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Is punished by imprisonment of one (01) month to
two (02) years, or a maximum fine of five
million (5,000,000) CFA francs or one of these
penalties only, a service provider who in the
part of a criminal investigation, receives an injunction
explicitly stating that confidentiality must be
maintained, or where such an obligation is stated by
the law, and which, without a legitimate reason or justification, or
wrongly taking precedence over a legitimate reason or justification,
intentionally discloses:

1. the fact that an injunction has been issued;
2. any action taken under the injunction;
or
3.any data collected or recorded under the terms
of the injunction.
The confidentiality obligation provided for in paragraph 1 does not
not applicable in case of:

- express consent of the author or recipient
communication;
- interception of a private communication on warrant
of justice.

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CHAPTER X
COMMON LAW OFFENSES COMMITTED IN
LINE

Article 561 : Theft of computer data

A person who intentionally and
without right, with fraudulent intention of the data
to the prejudice of a third party is punished with the same
penalties than those provided for in the provisions of the code
criminal law relating to theft.

Article 562 : Identity theft

Anyone who usurps, intentionally and without
right through a computer system, the identity of a
third party or one or more data allowing to
identify him in order to disturb his peace or that
of others or to undermine their honor, their
consideration or his interests, is punished with
imprisonment from one (01) year to five (05) years and one
fine of five million (5,000,000) to one hundred million (100
000,000) CFA francs or one of these penalties
only.

Anyone, intentionally and without right, or
by wrongly relying on a reason or justification

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legitimate, using any computer system
stage of the offense, transfers, possesses or uses a
means of identifying another person with the intention of
commit, aid or encourage illegal activity
whatsoever constituting a misdemeanor or felony, or in the
part of such activity, is punishable by imprisonment
from one (01) year to five (05) years and a fine of five
million (5,000,000) to one hundred million (100,000,000)
CFA francs or one of these penalties only.

If the facts referred to in the preceding paragraphs have been
committed to the prejudice of a person whose
vulnerability due to age, pregnancy,
illness, infirmity or impairment
physical or mental was apparent or known to
the perpetrator, the minimum penalties provided for in
previous paragraphs will be doubled.

Article 563 : Receiving

Is punished by imprisonment of five (05) years to
ten (10) years and from five million (5,000,000) to ten million
(10,000,000) CFA francs fine, does it for any
person, to the detriment of the rights of others, to hold,
to use or transmit something knowing that
it arises from an infringement by means of a
electronic communication network or system
computer science. Is punished with the same penalties, does it for

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any person, under the same conditions, to do
intermediary office in order to transmit the thing.

Article 564 : Aggravation

The penalties are increased to ten (10) years
imprisonment and twenty-five million (25,000,000)
CFA francs fine when the person engages in
concealment by means of or on a communication network
electronic or computer system, so
habit or when it is done during exercise
of his profession.

Article 565 : Receipt of computer data

A person who, intentionally and without
right, will have kept, retained or detained in whole or in part,
computer data removed, misappropriated or
obtained through a crime or offense provided for by the
provisions of this Book, is punished by the same
penalties than those provided for in article 563.

In cases where the fact which procured the objects
concealed was committed with one or more
aggravating circumstances, the receiver is punished with
penalties defined by the provisions of this Book if
it is established that he was aware of those circumstances.

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The fine may be raised beyond ten
million (10,000,000) CFA francs or up to half
of the value of the concealed objects.

Article 566 : Fraud

Anyone, either by using false names or
false qualities, either by employing maneuvers
any fraudulent, is delivered or delivered
of goods and values ​through a system
computer or network
Communication
electronic and by one of these means, defrauded all or
part of the fortune of others is punished with a
imprisonment from two (02) years to seven (07) years and one
fine equal to five times the value in question
without being less than one million (1,000,000)
CFA francs.

Anyone, either by using false names or
false qualities, either by employing maneuvers
fraudulent to persuade of the existence of false
companies, of an imaginary power or credit, to
give rise to hope or fear of success, of a
accident or any other chimerical event, or for
otherwise abusing trust or gullibility is
computer data will be delivered or delivered,
and by one of these means defrauded all or part of the
fortune of others, is punished by imprisonment for two

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(02) years to seven (07) years and a fine equal to
quintuple of the value in question without it being
less than one million (1,000,000) CFA francs.

Imprisonment sentences are increased from ten
(10) years to twenty (20) years and the fine five times the
value in question without being less than twentyfive million (25,000,000) CFA francs when
the scam is
carried out:

1.by a depositary of public authority or a
in charge of public service, in the exercise or in
the occasion of his duties;
2.by a person who improperly takes the quality
depositary of public authority or responsible for
public service ;
3.by a person who appealed to the public in
view of the issue of shares, bonds, bonds,
shares or any securities of a company,
either from a commercial or industrial company
;
4.to the prejudice of a person whose
vulnerability due to age, state of
pregnancy, illness, disability or
a physical or mental impairment was
apparent or known to the perpetrator.
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Those guilty of offenses referred to in paragraphs
precedents may be prescribed a ban,
additional penalty, by the courts
competent within the meaning of article 583 of this code.

Article 567 : Offenses akin to fraud

Is punished with three million (3,000,000) francs
CFA fine, the fact of selling, offering for sale or
to exhibit for sale or transfer or to provide
the means for sale or transfer by means of
from one or over an electronic communication network or
a computer system, access tickets to a
sporting, cultural or commercial event or at a
live show, in the usual way and without
the authorization of the producer, organizer, or
owner of the exploitation rights of this
manifestation or show.

Article 568 : Breach of trust

Is punished by the same penalties as those provided for
in the provisions of the penal code relating to the abuse of
trust, does it for a person, by means of one or
over an electronic communication network or
computer system to divert, to the detriment of others,
anything given to him under one
contracts provided for by the penal code relating to the abuse of

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trust and that it has accepted on the condition of giving it back,
represent it or make a specific use of it.

Article 569 : Breach of trust in data
computer science

Anyone who has received owners,
owners, or holders, of computer data
by way of lease, deposit, mandate, pledge,
loan for use or for salaried or self-employed work,
will not have, after formal notice, executed his
commitment to return or represent or make one
use or a specific use, is punished by the same
penalties than those provided for breach of trust
relating to tangible property by the provisions of
Penal Code.

If the facts referred to in the previous paragraph have been
committed by abusing the needs, weaknesses,
passions or ignorance of a minor or a
person whose situation of vulnerability due to
age, state of pregnancy, illness,
infirmity or physical or mental impairment was
apparent or known to the perpetrator, the penalties
minimum provided for in the previous paragraph will be doubled.

Article 570 : Extortion

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Is punished from one (01) year to five (05) years
imprisonment and five hundred thousand (500,000) francs
CFA to a fine of five million (5,000,000) CFA francs,
extorting by violence, threat of violence or
constraint, either a signature, a commitment or a
waiver, either the revelation of a secret, or the surrender
funds, securities or anything in the
by means of or over a communication network
electronic or computer system.

Article 571 : Blackmail

Anyone who extorts, threatening to reveal or
to impute acts likely to damage the honor
or consideration, either a signature, a commitment
or a waiver, either the revelation of a secret, or the
delivery of funds, valuables or anything
by means of or over a communication network
electronic or computer system, is punished with six
(6) years imprisonment and five million (5,000,000)
CFA francs fine.

Article 572 : Illicit online games of chance

Anyone, without the permission of an authority
public, publicly organizes or offers a game of
chance or provide the necessary equipment, at the
by means of or over a communication network

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electronic or computer system, is punishable by
imprisonment from one (01) month to three (03) years
and a fine of five hundred thousand (500,000) CFA francs
to fifty million (50,000,000) CFA francs, or
one of these penalties only.

Games of chance without the authorization of a
public authority, in a club or in a private meeting in
which games of chance are regularly organized,
are referred to as publicly organized games.

Is punished by imprisonment for three (03) months
at five (05) years and a fine of one million (1,000,000)
one hundred million (100,000,000) CFA francs, or one
of these penalties only, whoever, in cases
referred to in paragraph 1 st are:

1. professionally;
2.as a member of a group that has
constituted to permanently commit such
acts.
Anyone who recruits for a public game of chance
is punished with a maximum term of one (01) year
or a fine not exceeding fifty million
(50,000,000) CFA francs, or one of these penalties
only.

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Anyone who participates in a public game of chance is
punished with a prison term of up to six
(06) months and a fine of one million (1,000,000) to
two hundred million (200,000,000) CFA francs, or
one of these penalties only.

Article 573 : Money laundering

Money laundering committed by
from one or over an electronic communication network or
a computer system is punished in accordance with
texts in force.

Article 574 : Invasion of privacy committed on the internet

Is punished by five (5) years of imprisonment and
a fine of twenty-five million (25,000,000) CFA francs,

(10

the fact, by means of or over a communication network
electronic or computer system,
willfully invade the privacy of privacy
of others:

1.by receiving, recording or transmitting, without the
consent of their author, words
pronounced in a private or confidential capacity;

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2.by fixing, recording or transmitting, without the
consent, image of a person
being in a private place.
When the acts mentioned in this article
were carried out in full view of the parties concerned without
that they opposed it, when they were able to
to do so, their consent is presumed.

Article 575 : Breach of the secrecy of correspondence
committed on the internet

The fact, committed in bad faith, of opening, of
remove, delay or divert
correspondence sent, transmitted or received by the
electronically whether or not they arrive at their destination and
addressed to third parties, or fraudulently taking
knowledge, is punished by the same penalties as those
provided for in the provisions of the penal code relating to
secrecy of correspondence.

Is punished with the same penalties, the fact of proceeding to
the installation of devices such as to allow the
making such interceptions.

Article 576 : Attack on the representation of the person

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Is punished by five (5) years of imprisonment and
a fine of twenty-five million (25,000,000) CFA francs,
the fact of publishing on the internet, by any means whatsoever,
the montage made with the words or the image of a
person without their consent, if they do not appear
the evidence that it is a montage or if it is not
expressly mentioned.

CHAPTER XI
OF THE CONSTITUTION OF OFFENSES AND
SPECIAL AMENITIES

SECTION I
OF THE CONSTITUTION AND RECOGNITION OF
OFFENSES

Article 577 : Electronic mode of evidence

Written in electronic form, in application of
Book II, is, for the purposes of the application of the present
Book, admitted in evidence in the same way as the writing on
paper support and has the same probative value as
the latter, provided that the
person from whom it emanates and that it is established and preserved
under conditions such as to guarantee its integrity and
sustainability.

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Article 578 : The recognition and prosecution of
offenses

The offenses provided for in this Book are
recognized and continued in accordance with
provisions of the Code of Criminal Procedure and this
coded.

Article 579 : Limitation

The rules and principles of the penal code relating to
statute of limitations apply to the offenses referred to in Title I
of this Book.

SECTION II
AUTHORS, CO-AUTHORS AND ASSOCIATES
OFFENSES

Article 580 : Attempt

Attempting to commit any of the
offenses referred to in Title I of this Book, is punished by
same penalties.

Article 581 : Accomplice
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Inciting to commit one of the offenses
referred to in Title I of this Book, to participate in or
making an accomplice is punished with the same penalties.

Article 582 : Recidivism

When one of the offenses referred to in Title I of
this Book is made within five (5) years
follow the pronouncement of the irrevocable sentence for
one of these offenses, the penalty (s) are doubled.

In the event of a multiplicity of offenses committed by
the same offender, the fine provided for each
offense is applied as many times as there are
of distinct offenses observed.

Article 583 : Aggravating circumstances

When an offense is committed by a
member of a criminal organization or gang
organized for the purpose of committing offenses
criminally punishable, the penalty initially provided for is
doubled for the offense itself or if several
offenses are committed for the most
severely repressed.

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When one of the offenses provided for under
this Book infringes computer data
or IT systems linked to infrastructure
strategic or sensitive, the penalty initially planned
rises to life imprisonment and
up to five hundred million
fine CFA francs or one of these two penalties
only.

(500,000,000)

SECTION III
ADDITIONAL SENTENCES

Article 584 : Confiscation

In the event of a conviction for one of the
offenses provided for in Title I of this Book, the
trial court pronounces the confiscation of
materials, equipment, instruments,
computer systems or computer data
as well as cash, benefits or products
resulting from the infringement.

Sentencing decisions taken under
of the previous paragraph are published in the Official Journal
of the Republic of Benin as well as on a medium
electronic at the expense of the convicted person.

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Article 585 : Prohibition

In the event of a conviction for one of the
offenses provided for in Title I of this Book, the
trial court may pronounce the prohibition on
additional penalty, according to the terms
provided for in this article. The prohibition penalty
includes a ban on sending messages from
electronic communications and prohibition as
provisional or permanent access to the site used for
commit the offense or even to any other site whatever
or, for a period of one (01) year to ten (10) years.

The court can issue an injunction to any person
legally responsible for the site used to commit
offense and / or any other person qualified as
implement the necessary technical means in
in order to guarantee the prohibition of access, accommodation or
cutting off access to the offending site.

The court may pronounce against the
sentenced for the offenses provided for in Title I of
this Book, the ban on a permanent basis or for a
duration of five (05) years at most, to carry out any activity in
relationship with the communications sector
electronic or to exercise a public function, a
elected office or a function in a company whose
the State is fully or partially owner or a

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socio-professional activity, when the facts have been
committed in the exercise or on the occasion of the exercise of
functions.

Courts judging in correctional matters
may, if they deem it necessary, prohibit in whole or in
party, the exercise of civic, civil and family rights,
following:

1. right to vote and to elect;
2. right of eligibility;
3.right to be called or appointed to office
jury or other public functions or
administration jobs, or to exercise these
functions or jobs;
4. right to carry weapons;
5.the right to vote and suffrage in the deliberations
of family ;
6.right to be tutor, curator, if not of his
children and only on the advice of the family;
7. the right to be an expert or witnesses in acts;

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8.right to file in court, other than for y
give simple information.
The violation of the prohibitions pronounced by
courts is punished with imprisonment of six (06)
months to three (03) years and a fine of three hundred thousand
(300,000) to five million (5,000,000) CFA francs.

Sentencing decisions taken under
of this article are published in the Official Journal of
the Republic of Benin as well as on a medium
electronic at the expense of the convicted person.

CHAPTER XII
INVESTIGATIONS

Article 586 : Order to produce

It is inserted in the Code of Criminal Procedure, a
article 54 bis worded as follows:

"The public prosecutor, his deputy or
the investigating judge can order, through a
injunction to produce, to any person, everything
private or public institution or body or any
public administration present in the territory of

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Republic of Benin or providing services of
service in the Republic of Benin, likely to hold
documents relevant to the criminal investigation including
those from a computer system or a support
computer storage, to give them these documents,
in particular in digital form or in a version
printed, without being able to be opposed to it, without reason
legitimate, the obligation of professional secrecy.

When the requisitions concern
persons mentioned in Article 102, the delivery of
documents can only intervene with their agreement.

The public prosecutor, his deputy or the
investigating judge may order, through a
production order, to a service provider
present on the territory of the Republic of Benin offering
services on the territory of the Republic of Benin,
to communicate computer data in its
possession or under its control, relating to subscribers
and regarding such services.

The public prosecutor, his deputy or the
investigating judge may order, through a
injunction to produce, to a person present on the
territory of the Republic of Benin having access to a
particular computer system and which processes data

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specific data processing systems from this
give them to a specific person.

With the exception of the persons mentioned in
Article 102, the fact of refraining from responding within
as soon as possible to this requisition is punished by a fine
maximum of ten million (10,000,000) CFA francs. "

SECTION I
SEARCHES

Article 587 : Data stored in a system
computer science

When data stored in a system
computer or in a medium allowing
keep computerized data on the territory
Beninese, are useful for the manifestation of the truth, the judge
may carry out a search or gain access to a
computer system or part of it or in
another computer system or medium and
data present in the latter as soon as these
data is accessible from the initial system or
available for the initial system.

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If it is previously proven that these data,
accessible from the initial system or available for
the initial system, are stored in another system
IT located outside the national territory, they
are collected by the examining magistrate, by way of
international rogatory commission.

Article 588 : Request

Judicial police officers can, by any means
medium, require any person likely to have
knowledge of the measures applied to protect
data to which it is permitted to access within the framework
from the search to give them the information
allowing access to the data mentioned.

Refraining from responding within
as soon as possible to this requisition is punished by a fine
of two hundred thousand (200,000) CFA francs.

Article 589 : Search conditions

The searches provided for in Article 587 shall not
can only take place with the express consent of the
person with whom the operation is taking place.

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However, if the investigation relates to a crime or
an offense punishable by more than five (5) years of sentence
imprisonment or if the search for property justifies it,
the investigating judge may, with written authorization, decide
that the search and seizure will be carried out without
the assent of the person.

Article 590 : Copy of data

When the examining magistrate discovers in a
computer system stored data that is
useful for the manifestation of the truth, but that the grasp
support does not seem desirable, these data,
same as those necessary for
understand, are copied to storage media
IT that can be seized and placed under seal,
they can also be made inaccessible or
removed from the computer system in question by order
of the judge.

SECTION II
QUICK STORAGE OF DATA

Article 591 : Injunction to conserve and protect
computer data integrity

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It is inserted in the Code of Criminal Procedure, a
article 78 bis worded as follows:

"In criminal matters and in matters
correctional, when the information needs
require it, the judicial police officer or the judge
instruction may, by written notice and:

- when there is reason to believe that the data
computers stored in a system
IT systems are particularly susceptible to
loss or alteration; and
- that these computer data are useful for
manifestation of truth,
order a person, service provider
online referred to in article 495 of this code or operator
or provider of communication services to the public
online referred to in article 34 of this code, to keep
and protect the integrity of computer data
stored as specified in the notification and which are
in its possession or under its control, for a period of
duration of ninety (90) days maximum in order to
allow the authorities designated in the notification
written to obtain the disclosure of the data and for the
good process of judicial investigations.

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The exact duration must be indicated in the
written notification and is renewable until reaching
two (02) years maximum.

The data custodian or another person
responsible for keeping and protecting the same data
is required to maintain the secrecy of the implementation of
procedures taken in the context of paragraph 1 st . Any
breach of secrecy is punished by the provisions
by the penal code relating to professional secrecy.

Subparagraph 2 will not apply when the obligation
incommunicado was lifted by the judicial police officer or the
investigating judge, author of the written notification ”.

Article 592 : Preservation and prompt disclosure of
traffic data

It is inserted in the Code of Criminal Procedure, a
article 78 ter worded as follows:

"In criminal matters and in matters
correctional, when the information needs
require it, a judicial police officer or a judge
instruction may, where there is reason to believe that
the data stored in a computer system are
particularly susceptible to loss or modification

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and that these data are useful for the manifestation of
truth, by means of a written notification, require a
person controlling the computer system, supplier
of online services referred to in article 495 of this code
or operator or service provider of
communication to the online public referred to in Article 34 of
this code, that it discloses or keeps sufficiently
traffic data associated with a communication
specific electronics, in order to identify:

- the service provider (s); and or
- the channel by which the communication in question was
been transmitted.
If the written notification requires the retention
speed, the principles of time limits of Article 35 of this
law apply.

Anyone who, by virtue of his or her function, has
knowledge of the measure or lends its support to it, is
required to maintain secrecy.

Any breach of secrecy is punished by the
provisions provided for by the penal code relating to secrecy
professional.

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Paragraph 3 does not apply when the obligation
incommunicado was lifted by the judicial police officer or the
investigating judge, author of the written notification ”.

Article 593 : Real-time collection of related data
to traffic

It is inserted in the Code of Criminal Procedure, a
article 108 bis worded as follows:

"In criminal matters and in matters
correctional, when the information needs
require it, the examining magistrate or the police officer
judicial commission committed by him may use the means
appropriate techniques for collecting or recording in
real time, on the territory of the Republic of Benin, the
communications traffic data
specific, transmitted by means of a system
IT or the examining magistrate or the police officer
judicial commission committed by him may require any qualified agent
of a service, body placed under the authority or supervision
the Minister responsible for electronic communications or
any qualified agent of an operator, in order to carry out
the installation of a device, as part of its
technical capacities to collect or record,
transcribe in application of existing technical means,
or to assist the competent authorities and

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its assistance in collecting or recording the aforesaid
computerized data.

Anyone who, by virtue of his or her function, has
knowledge of the measure or lends its support to it, is
required to maintain secrecy. Any breach of secrecy is
punished by the provisions of the penal code
relating to professional secrecy.

Subparagraph 2 will not apply when the obligation
incommunicado was lifted by the judicial police officer or the
investigating judge, author of the written notification or
when the author or recipient of the communication
gives express consent ”.

SECTION III
INTERCEPTION OF COMPUTERIZED DATA

Article 594 : Interception and access to data by
judicial authorities

In Article 108, paragraph 1 st procedural code
criminal law, the following changes are made:

"In criminal matters and in matters
correctional, if the penalty incurred is at least equal to
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two (02) years of imprisonment, the examining magistrate
may, when information requirements so require,
prescribe
interception,
the record
transcription of correspondence in accordance with
provisions of article 12 of this code, including
content-related data, issued through
electronic communications. "

and

In Article 108, 5 th paragraph of the Code of Procedure
criminal law, the following changes are made:

"The examining magistrate or the police officer
judicial commission committed by him may require any qualified agent
of a service, body placed under the authority or supervision
the Minister responsible for electronic communications or
any qualified agent of an operator, in order to carry out
the installation of an interception device. "

In article 108 of the Code of Criminal Procedure, two
new paragraphs are added after paragraph 5:

"A qualified agent of a service, organization placed
under the authority or supervision of the Minister responsible for
electronic communications or any qualified agent
an operator referred to in the previous paragraph is required to
secret.

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Any breach of secrecy is punished by the
provisions provided for by the penal code relating to secrecy
professional. "

the

Article 595 : Interception and access to data by
administrative authorities

For the needs listed in article 596 of
this code, the administrative authorities that will be
designated by regulation may authorize:

- interceptions of correspondence issued by the
way
of
communications
in accordance with the provisions of article 12 of
this code;

electronic,

- the conservation and protection of integrity as well as
collection, including in real time according to
modalities provided for in article 78 ter of the
criminal proceedings, data and information
mentioned in Articles 33 to 37 and Article 495 of
this code.
Methods of implementing the provisions
of this article will be specified by
regulatory.

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Article 596 : Violations justifying interceptions and
data access

The operations referred to in article 595 of this
code can be authorized when they are
required :

- the maintenance of national independence,
the integrity of the territory or of national defense;
- the preservation of major political interests
foreign from the Republic of Benin;
- to protect economic interests,
major industrialists and scientists of the Republic
from Benin;
- prevention of terrorism, violence
collective agreements of such a nature as to seriously undermine the
public peace or crime and delinquency
organized.

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SECTION IV
COMPETENCES OF BENIN JURISDICTIONS
IN THE MATTER OF CYBERCRIME

Article 597 : Jurisdiction

Beninese courts are competent
when :

1.the offense was committed on the internet on the
territory of the Republic of Benin when
illegal content is accessible from the
Republic of Benin ;
2.the natural or legal person has surrendered
guilty in the territory of the Republic of
Benin, as an accomplice, in a crime or an offense
committed abroad if the crime or misdemeanor is punished
both by Beninese law and by foreign law
and if it has been established by a final decision of
foreign jurisdiction;
3. the offenses were committed by Beninese outside
of the territory of the Republic of Benin if the facts
are punished by the legislation of the country where they were
clerk;

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4.any offense punishable by imprisonment, has been committed
by a Beninese or by a foreigner outside
territory of the Republic of Benin when the
victim is of Beninese nationality at the time
of the offense.

CHAPTER XIII
NETWORK SECURITY

Article 598 : Vulnerability test

Vendors of technology products
information and communication will have to do
carried out by IT security experts
self-employed persons approved by the Ministry in charge of
electronic communications, a vulnerability test
and an assessment of the security guarantee, and will
inform consumers of all vulnerabilities
found in technology products
information and communication as well as solutions
recommended to remedy it.

Article 599 : Detection of events

Operators are required to implement
qualified event detection systems

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likely to affect the security of their systems
of information.

The qualifications of the detection systems and
of the service providers operating these systems are
issued by the Ministry in charge of communications
electronic.

Article 600 : Controls

Operators must submit their systems
information to checks intended to verify the level
safety and compliance with safety rules. The
checks are carried out by the national
security of information systems, in accordance with
provisions of article 606 of this code. The cost of
controls are the responsibility of the operator.

Article 601 : Sanction

Is punished with a fine of ten million (10,000
000) CFA francs, done for the same people,
fail to maintain the safety devices in good condition
previously established protection.

Article 602 : Response to an attack

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To be able to respond to an attack
IT, the competent services of the Republic
of Benin may have equipment,
instruments, computer programs and all
data likely to allow the realization of one or
several of the offenses in order to analyze their
design and observe their operation.

Acts carried out in this context and for these purposes
cannot be the subject of any prosecution.

Article 603 : Systems security

For the purposes of system security
information and operators, the National Agency for
Information Systems Security can obtain
operators, identity, postal address and address
electronic users or owners of systems
vulnerable, threatened or attacked information, in order to
alert them to the vulnerability or compromise of their
system.

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TITLE II
OF THE INSTITUTIONAL FRAMEWORK

CHAPTER I
OF THE NATIONAL SECURITY AGENCY
INFORMATION SYSTEM

Article 604 : Institutional anchoring

A National Security Agency is created
of "ANSSI-BENIN" Information Systems, hereinafter
designated Agency.

The Agency is a public law establishment in
administrative character with legal personality,
administrative, financial and managerial autonomy.

The Agency reports to the Presidency of the
Republic.

Its headquarters are located in Cotonou. However, it can
be transferred to any other place in the national territory if the
circumstances so require, by decree taken by the Council of
Ministers.

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Article 605 : Competences of the Agency

The security of information systems and
networks throughout the territory of the Republic of
Benin is the responsibility of the Agency.

Article 606 : Mission of the Agency

The Agency is in charge of the following missions:

- in terms of cryptology, in accordance with
provisions of article 617 of this code;
- ensure the implementation of national guidelines and
the general security strategy of the state
information systems and networks;
- monitor the execution of plans and programs
relating to the security of information systems and
networks in the public and private sectors and in
ensure coordination between the various stakeholders
in this domain ;
- provide assistance to State services by
information systems security and
networks;

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- carry out a general control of the safety of
information systems and networks under
various public and private organizations identified by
regulatory;
- centralize requests for assistance following
security incidents on information systems
and networks;
- ensure the technological watch in the field of
security of information systems and networks;
- establish and maintain a database of
vulnerabilities;
- develop recommendations on the safety of
information systems and networks and ensure their
implementation in public bodies;
- disseminate information on the precautions to
take to prevent or minimize risks
incident or their consequences;
- collaborate with the Central Office for the Repression of
Cybercrime (OCRC) and any other public entity
within the framework of its missions;
- participate in training in the field of
security of information systems and networks;

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- contribute to the development of legal texts and
systems security regulations
information and networks;
- contribute, with regard to its missions, to
the application of agreements, treaties and conventions
relating to the fight against cybercrime and
cybersecurity ratified by the Republic of Benin;
- ensure the execution of legal provisions and
systems security regulations
information and networks.
Article 607 : Composition, organization and modalities
functioning of the Agency

The composition, organization and modalities of
functioning of the Agency are specified by decree issued
in the Council of Ministers.

CHAPTER II
OF THE CENTRAL OFFICE OF REPRESSION OF THE
CYBERCRIMINALITY

Article 608 : Organ for combating Cybercrime

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The structure of the fight against offenses
cybernetics is called
of Cybercrime Repression [“OCRC”].

"Office Central

The OCRC, placed under the supervision of the Ministry in
responsible for public security, has
national.

Are associated with the activities of this Office, the
Ministry in charge of national defense, the Ministry
in charge of finance and the Ministry in charge of
electronic communications.

Article 609 : Jurisdiction

The OCCR's area of ​competence is the
specific criminal offenses related to
information and communication technologies.

Under the conditions set out in the following article, its
jurisdiction extends to offenses the commission of which
is facilitated or linked to the use of these technologies.

Article 610 : Missions and powers

The OCCR's missions are:

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1.ensure that preventive measures are taken against
cybercrime;
2. to lead and coordinate, at the national level, the
operational implementation of the fight against
the perpetrators and accomplices of specific offenses
crime related to the technologies of
information and communication;
3.perform in accordance with the procedural code
criminal investigation of offenses against or
using computer systems as well as
methods of processing, storage and
communication of information;
4.provide technical assistance to others
security services during investigations into
courses requiring his technical skills
or its expertise;
5. to liaise with the services
competent, training actions and
information to build capacity
operational staff from all departments
contributing to the fight against this scourge;
6.to intervene on its own initiative, under the direction of
the judicial authority seized, each time the
circumstances so require, to obtain information on the spot
facts relating to the investigations carried out.
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Article 611 : Organization of the OCRC

The composition, organization and modalities of
functioning of the OCRC are specified by decree issued
in the Council of Ministers.

To accomplish its mission, the OCRC centralizes,
analyzes, exploits and communicates to the police services
national, national gendarmerie, management
general customs and indirect duties as well as
other state administrations and public services
concerned, all information relating to the facts and
offenses related to information and communication technologies
communication. It also establishes useful links
with the private sector organizations concerned.

Article 612 : Transmission of information

Within the framework of the applicable legislation,
in particular in matters of professional secrecy,
national police and gendarmerie services
national, of the general directorate of customs and rights
indirect as well as other administrations and services
public bodies of the State concerned, address, in the best
deadlines, to the OCRC information relating to infringements
referred to in this book of which they are aware.

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Article 613 : Cooperation

For offenses under its jurisdiction
defined 1 st paragraph of Article 609, the OCRC constitutes,
the Republic of Benin, the central point of contact in
international trade. It contributes to the level
national to the animation and coordination of the work
preparatory work and participates in the activities of
international bodies and fora.

Without prejudice to the application of conventions
international, it maintains operational links
with the specialized services of other countries and with
international organizations with a view to researching any
information relating to offenses as well as
the identification and location of their perpetrators.

Article 614 : Collaboration

The OCRC collaborates with all administrations
public or private that request its assistance
technique or its expertise to protect itself from
criminal misdeeds.

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TITLE III
OF CYBERSECURITY

CHAPTER I
OF CRYPTOLOGY

SECTION I
OF THE COMMISSION IN CHARGE OF CRYPTOLOGY

Article 615 : Scope

This chapter establishes the legal framework and
institution applicable to cryptology in the Republic of
Benign.

The provisions of this chapter do not
do not apply to the means of cryptology used by
diplomatic and consular missions covered by the
Vienna Convention on the Diplomatic Relations of
1961 as well as those relating to internal security and
outside the State of Benin.

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SECTION II
OF THE COMMISSION IN CHARGE OF CRYPTOLOGY

Article 615 : Cryptology Commission

ANSSI-BÉNIN designates a
commission in charge of cryptology in the Republic of
Benin, hereinafter referred to as the “Cryptology Commission”.

This composition includes at least five
(05) members. The Cryptology Commission stops its
internal regulations laying down its terms of
operation.

Said internal regulations do not come into force
that after a reasoned opinion from the Minister in charge of
electronic communications.

Article 617 : Competences of the cryptology commission

The Cryptology Commission is responsible for:

1.Any question relating to the development of
means or services of cryptology in
Republic of Benin ;

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2.Analyze draft legislative texts and
cryptology regulations;
3.Analyze the technical standards adopted in the
systems security field
information in general and that of cryptology
in particular ;
4.receive the declarations in accordance with article
620;
5. to grant authorizations in accordance with
section 621;
6.examine the requests for approval of
cryptology service providers;
7.request and receive communication from
descriptions of technical characteristics
means of cryptology;
8.impose administrative sanctions on
against violators of the provisions of
this Chapter;
9.defend the interests of the Republic of Benin
in regional bodies and organizations and
international documents dealing with cryptology;

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10. carry out investigations and carry out checks
cryptology and security service providers
cryptology products provided;
11. receive electronic files signed by
public cryptology keys;
12. analyze and test software, equipment and
cryptology algorithms;
13. audit cryptology products.
Article 618 : Professional secrecy

The Cryptology Commission and its members are
subject to professional secrecy.

Any violation of professional secrecy is punishable
in accordance with the provisions of the penal code relating to
professional secrecy.

SECTION III
LEGAL REGIMES

Article 619 : Freedom of use

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The use, supply, import and
the export of the means of cryptology ensuring
exclusively for authentication or
integrity checks are free, subject to the
obligations provided for in this code.

Nevertheless, when the means of cryptology
ensure confidentiality functions, the
principle of free use referred to in paragraph 1 st applies
only if the means are based on
agreements managed by an approved service provider under
article 621 of this code.

The cryptology services are
reserved for cryptology service providers,
according to the terms determined under this
chapter.

Article 620 : Prior declaration

The supply or import of means of
cryptology not exclusively providing functions
authentication or integrity check is submitted
to a prior declaration to the commission
cryptology, subject to any exemptions from
declaration determined by decree taken by the Council of

Ministers.

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The provider or the person carrying out the
supply or import of a means of cryptology
makes available to the Cryptology Commission a
description of the technical characteristics of the means
of cryptology used.

A decree taken by the Council of Ministers defines the
conditions and deadlines under which the declaration must be
conducted pursuant to paragraph 1 st of this article.

It fixes in particular:

1.the conditions under which these
declarations, conditions and deadlines in
which the Cryptology Commission can
request communication of characteristics
means of cryptology, as well as the nature of
these characteristics;
2.the categories of means whose
technical characteristics or conditions
of use are such that, with regard to the interests
national defense and internal security
or outside the State, their transfer or
export may be either subject to the regime
declaration and the information obligations provided for
paragraph 1 st , is exempt from any formality
prior.

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Article 621 : Prior authorization

The export of cryptology means
not exclusively performing functions
authentication or integrity check is submitted
to the authorization of the cryptology commission, under
subject to declaration exemptions determined by
decree.

The provider or the person providing
the export of a means of cryptology is due to the
available to the Cryptology Commission a description
technical characteristics of this means of
cryptology.

A decree taken by the Council of Ministers fixes the
conditions under which requests are subscribed
authorization as well as the deadlines within which the
Cryptology Commission decides on these requests. He fixes
especially :

1.the conditions under which the
authorization requests as well as the deadlines
in which the Cryptology Commission decides
on these requests;
2.the categories of means whose
technical characteristics or conditions
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of use are such that, with regard to the interests
national defense and internal security
or outside the State, their transfer or
export may be either subject to the regime
prior authorization.

SECTION IV
CRYPTOLOGY SERVICE PROVIDERS

Article 622 : Approval prior to the supply of
cryptology services

Cryptology service providers
must be approved by the cryptology commission.

The conditions for issuing approval to
cryptology service providers and their
obligations are defined by decree taken by the Council of
Ministers.

Article 623 : Exceptions

The Cryptology Commission may provide
exceptions to this prior approval requirement for
cryptology services whose characteristics
technical or supply conditions are such that,
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with regard to the interests of national defense and
internal or external security of the State, this supply
may be exempt from any prior formality.

Article 624
responsibility

: Presumption and exemption from

The crypto service provider is
fully responsible for the harm caused to
people:

- entrusting them with the management of their secret conventions
in the event of breach of integrity, confidentiality or
the availability of transformed data using
these conventions;
- who have reasonably relied on the service of
cryptology provided.
Any contrary contractual clause is deemed to be
unwritten.

The crypto service provider can
however release or limit his liability if he succeeds
to demonstrate the absence of negligence or fault
intentional.

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Cryptology service providers are
exempt from any liability towards persons
who make unauthorized use of their services, to
as far as the conditions of use specify
clearly authorized and unauthorized uses and are
easily accessible to users.

Cryptology service providers
must take out a policy
insurance covering the risks related to the exercise of their
activities.

SECTION V
SANCTIONS

Article 625 : Types of sanctions

When a cryptology service provider,
even free of charge, does not respect the obligations
to which it is subject under this
Chapter, the Cryptology Commission may, after hearing
of the person concerned and after he has had the opportunity to
present observations, pronounce:

1.the prohibition to use or put into circulation
the means of cryptology concerned. Way to

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cryptology concerned can be
circulation
from
than
the
previously not respected will have been
satisfied, under the conditions provided for in the
provisions of this Chapter;

obligations

2. the provisional withdrawal of the authorization granted,
for a period of between one (01) and twelve
(12 months ;
3. the final withdrawal of the authorization granted;
4.fines, the amount of which is set according to
the seriousness of the breaches committed and
relationship with the benefits or profits derived from
these shortcomings. These amounts cannot be
higher than those provided for in article 626, paragraph 2.
The ban on circulation provided for in
paragraph 1 st point 1 is applicable throughout the
National territory. It also carries for the
supplier the obligation to withdraw:

- with commercial distributors, means of
cryptology whose circulation has been prohibited
;
- materials constituting means of cryptology
whose entry into circulation has been prohibited and which have

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was acquired for consideration, directly or by
through commercial broadcasters.
The concerned cryptology means can be returned
in circulation as soon as the bonds previously not
respected will have been satisfied.

Article 626 : Violation of the obligation to communicate
technical characteristics

Is punished by imprisonment of six (06) months to
two (02) years and a fine of five hundred thousand (500
000) CFA francs to two million (2,000,000) CFA francs
or one of these two penalties only, whoever
will not have satisfied the obligation of communication to the
Cryptology Commission of a description of
technical characteristics of the means of cryptology
under the conditions provided for by the provisions of
this chapter and its application texts.

Article 627 : Violation of the obligation to declare or
obtaining accreditation

Is punished by imprisonment of six (06) months to
five (05) years and a fine of one million (1,000,000) to
five million (5,000,000) CFA francs or one of these
two sentences only, whoever supplies or imports a
means of cryptology not exclusively ensuring
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authentication or integrity control functions
without fulfilling the obligation of prior declaration
with the cryptology commission, without prejudice to
application of the customs code.

Is punished by imprisonment from one (01) year to five
(05) years and a fine of five million (5,000,000) to
twenty million (20,000,000) CFA francs or one of
these two penalties only, whoever provides
cryptology services without having obtained
prior approval of the cryptology commission.

Article 628 : Violation of the authorization obligation

Is punished by imprisonment from one (01) year to five
(05) years and a fine of one million (1,000,000) to twenty
million (20,000,000) CFA francs or one of these
two sentences only, whoever has exported a
means of cryptology not exclusively ensuring
authentication or integrity control functions
without having previously obtained the authorization of the
cryptology commission, without prejudice to the application
of the customs code.

Article 629 : Violation of an administrative ban

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Is punished by imprisonment from one (01) year to five
(05) years and a fine of one million (1,000,000) to twenty
million (20,000,000) CFA francs or one of these
two sentences only, whoever has put in the
disposal of others by selling or renting a means
of cryptology that has been banned
administrative use and release, without
prejudice to the application of the customs code.

Article 630 : Obstacle to an investigation

Is punished by imprisonment from one (01) year to five
(05) years and a fine of one million (1,000,000) to twenty
million (20,000,000) CFA francs or one of these
two sentences only, whoever will have obstructed the
conduct of the investigations provided for within the meaning of Articles
634 and 635 of this code or refused to provide
information or documents relating thereto, without prejudice to
application of the customs code.

Article 631 : Aggravating circumstances

When a means of cryptology has been used to
prepare or commit a crime or misdemeanor or to
facilitate the preparation or commission, the maximum of
the custodial sentence incurred, provided for by the code
criminal law, is noted as follows:

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1.life imprisonment when
the offense is punished by thirty (30) years of
criminal seclusion;
2. thirty (30) years of criminal imprisonment when
the offense is punished by twenty (20) years of
criminal seclusion;
3. twenty (20) years of criminal imprisonment when
the offense is punished by fifteen (15) years of
criminal seclusion;
4. fifteen (15) years of criminal imprisonment when
the offense is punished by ten (10) years
imprisonment;
5. ten (10) years' imprisonment when
the offense is punished by seven (07) years
imprisonment;
6. seven (07) years of imprisonment when
the offense is punished by five (05) years
imprisonment;
7.double when the offense is punished by three
(03) years imprisonment at most.
The provisions of paragraph 1 st are not
applicable to the perpetrator or accomplice of the offense who, at

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at the request of the competent authorities, handed them the
intelligible version of encrypted messages, as well as
secret conventions necessary for decryption.

Article 632 : Refusal to produce a secret agreement

Is punished by three (03) years of imprisonment and
from one million (1,000,000) to twenty million (20,000,000)
CFA francs fine, does it for anyone with
knowledge of the secret decryption convention
a means of cryptology likely to have been used
to prepare, facilitate or commit a crime or an offense,
to refuse to hand over the said agreement to the authorities
judicial or to implement it, on requisitions
of these authorities issued in application of the code of
penal procedure.

If the refusal is opposed while the remission or
implementation of the convention avoids the
commission of a felony or misdemeanor or to limit the
effects, the penalty is increased to five (05) years
imprisonment and from five million (5,000,000) to twenty
million (20,000,000) CFA francs in fines.

Article 633 : Additional penalties

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Guilty natural or legal persons
one of the offenses provided for in this section
also incur additional penalties
following:

1. confiscation, in accordance with the procedures provided for by
the penal code, of the thing that served or was
intended to commit the offense or thing
which is the product, with the exception of objects
subject to restitution.
The court may also pronounce the
confiscation of cryptology resources for the benefit of
armed forces for security needs
public and national defense;

2. the prohibition, in accordance with the procedures provided for
penal code to exercise a public function or
to exercise professional or social activity
in the exercise or on the occasion of the exercise of
which offense was
committed;
3.closure, under the conditions provided for by the
penal code, for a period of five (5) years at
more, establishments or one or more
several of the company's establishments
having been used to commit the incriminated acts;

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4.exclusion, under the conditions provided for by the
penal code and for a period of five (05) years at
more, public procurement.
Article 634 : Investigation and observation of infringements

Any offense referred to in the provisions of
this chapter is researched and ascertained by trial
verbal or by judicial police officers and the case
applicable by the examining magistrate in accordance with the code
criminal procedure, or by agents of
customs administration, in accordance with
provisions of the customs code.

The Minister in charge of communications
electronic in its attributions can also, by
arrested, appoint agents sworn in by the
Cryptology Commission who will be empowered to research
and record by report, breaches of
provisions of this chapter and its texts
application.

Article 635 : Code of Criminal Procedure

It is inserted in the code of criminal procedure a
article 78c worded as follows:

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"The examining magistrate or a police officer
judicial delegated by the public prosecutor, may
order people who are presumed to have a
particular knowledge of the computer system that
is the subject of research or services that allow
protect or encrypt, in particular by means of a
means of cryptology, of the data which is stored,
processed or transmitted by a computer system,
provide information on the operation of this
system and how to access or access the
data that is stored, processed or transmitted by a
such system or, where applicable, the secret
decryption, in an intelligible form.

The examining magistrate can order any
appropriate person to operate iteven the computer system or, as the case may be,
search, make accessible, copy, render
inaccessible or remove relevant data that is
stored, processed or transmitted by this system, in the
form he will have requested. These people are required
to follow up, within their means.

Anyone who, by virtue of his or her function, has
knowledge of the measure or lends its support to it, is
required to maintain secrecy. Any breach of secrecy is
punished in accordance with the provisions relating to secrecy
professional criminal code.

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The State is civilly responsible for the
damage caused unintentionally by
people required for a computer system or
data that is stored, processed or transmitted by a
such system. "

SECTION VI
CONTROL MEASURES AND SANCTIONS

Article 636 : Warning procedure

When an infringement of this chapter or of
one of its application texts is noted, the services
competent, or authorized agents send to the
contravening a warning putting him on notice to
put an end to the behavior constituting an offense.

The warning is notified to the offender in
a period of fifteen (15) days from the date of the
statement of the facts, by registered mail with
acknowledgment of receipt or by delivering a copy, under
whatever medium, of the minutes of
finding of facts.

The warning mentions:

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1.the facts alleged and where the provisions of the
this Chapter or one of the implementing texts,
that have been violated;
2. the period within which it must be terminated;
3.in the absence of any follow-up given to
warning, authorized agents can
notify the public prosecutor or apply
settlement by transaction provided for in
this chapter.
Article 637 : Research and observation of prohibited acts

Without prejudice to the competences and attributions
judicial police officers, authorized agents
seek and ascertain the offenses referred to in
this chapter.

The reports drawn up by these agents make
faith until proven guilty. A copy is sent to
offender, by registered mail with acknowledgment of
receipt, within forty-five (45) days from the date of
finding of facts.

Without prejudice to their subordination towards
their superiors in the administration, the agents referred to
paragraph 1 st exercise the powers conferred on them

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under this article under the supervision of the prosecutor
general with regard to research and
for the discovery of offenses covered by the provisions of
this Book.

The report referred to in paragraph 2 of this
article is only sent to the public prosecutor
when the warning has not been acted upon.

In the event of application of article 638, the trial
verbal is only sent to the public prosecutor
when the offender has not accepted the proposal to
transaction.

Article 638 : Settlement

When the damage possibly caused to a
third party has been fully repaired, authorized agents
competent services may, on the basis of the minutes
and noting a breach of the provisions of this
chapter, offer offenders the payment of a
sum that extinguishes public action.

The Council of Ministers, by decree, fixes the tariffs
as well as the methods of payment and collection. The
amount provided under paragraph 1 st can be
lower than the minimum amount foreseen for this

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offense and cannot be greater than the amount
maximum foreseen for this offense.

Payment made within the time indicated off
public action, and the sums paid are returned
to the offender, unless previously a complaint has been
addressed to the Public Prosecutor or the judge
instruction was required to investigate or the court was
seized of the fact.

Article 639 : Posting

The court may order the display of the judgment
or the summary he drafts, during the time limit he determines,
both inside and outside establishments
of the offender and at his expense, as well as the
publication of the judgment or summary at the expense of
offender through newspapers or any other
way.

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BOOK SEVENTH
TRANSITIONAL AND FINAL PROVISIONS

TITLE ONE
TRANSITIONAL PROVISIONS

Article 640 : Validity of licenses and authorizations in
Classes

The licenses and authorizations referred to in Book I and
issued before the entry into force of this law,
keep their validity until their expiration date or
modification.

Article 641 : Deadlines for compliance

Licenses, authorizations and declarations concerned
in Book I and issued before the entry into force of
this law, must be brought into conformity with it
within six (06) months from the date of its
Coming into force.

The natural or legal persons concerned
and / or whose activity falls under the provisions of this

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law, benefit from a transitional period of six (06) months to
from its date of entry into force, to come into
compliance with all new provisions
provided for by this law.

This period is extended, if necessary, by periods
equal to the time required by public authorities
Beninese to ensure compliance of
persons referred to in the previous paragraph, the provisions
news provided for by this law, in particular in
cases where the authorization, response or reaction of
Beninese public authorities is expected, for the purposes of
compliance.

Article 642 : Modalities of compliance

The procedures for bringing the
licenses, specifications and operating agreements
of operators are specified by decree taken in Council
of Ministers.

Article 643 : Time limit granted in the event of direct prospecting

A period of one (01) year from the date of entry
in force of this law is granted so that the
natural or legal persons practicing
direct prospecting within the meaning of Articles 332 to 337 of

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this code, and wishing to use contact details of
persons legally collected before the entry into
force of this law, can obtain the
consent of these persons, with the aim of
use for direct marketing purposes.

At the end of this period, the persons referred to in
the preceding paragraph are presumed to have refused
the subsequent use of their personal details
for direct prospecting purposes if they do not have
expressly expressed their consent to
natural or legal persons practicing
direct prospecting.

Article 644 : Entry into force of the provisions of the article
464

The new composition of the APDP does not
force only at the end of the current mandate.

Article 645 : Current mandates

The mandates of ARCEP-Benin organizations,
ABSU-SEP and APDP (formerly CNIL) currently in
course, go to their term notwithstanding the entry into
force of this law.

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Article 646 : transfer of personnel, assets and
contracts

The staff of the Executive Secretariat of the former
ARCEP-Bénin, the ex-ABSU-CEP and the ex-CNIL, their
assets as well as contracts in progress y
including employment contracts, are respectively
transferred to ARCEP-Benin, ABSU-CEP and APDP
created by this law.

TITLE II
FINAL PROVISIONS

Article 647 : Repealing provisions

This law on the digital code in
Republic of Benin repeals all provisions
previous contrary, in particular those:

- Law n ° 2014-14 of July 14, 2014 relating to
electronic communications and mail in
Republic of Benin, with the exception of the provisions
relating to the postal sector;

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- Law n ° 2009-09 of May 24, 2009 on the protection
personal data in the Republic of
Benign.
This law will be executed as state law.

Done in Cotonou, April 20, 2018

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Data Protection Authority
Personal
Rue 6.076 "El MARZOUK Joël building"
Aïdjèdo district 1
Phone: (+229) 21 32 57 88/69 55 00 00
01 BP: 04837 Cotonou
Email: contact@apdp.bj
www.apdp.bj

