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REPUBLIC OF CAMEROON

PEACE WORK HOME

7
decree n ° 2 0 1 3/03 9 9 / pm of
laying down the terms and conditions for the protection of consumers
electronic communications services.

7 FEB 2013

THE PRIME MINISTER, HEAD OF GOVERNMENT,
Considering the Constitution;
Considering the law n ° 98/013 of July 14, 1998 relating to competition;
Considering the law n ° 2006/018 of December 29, 2006 governing advertising in
Cameroon;
Considering the law n ° 2010/012 of December 21, 2010 relating to Cybersecurity and
Cybercrime in Cameroon;
Considering the law n ° 2 010/013 of December 21, 2010 governing communications
electronics in Cameroon;
Considering the framework law n ° 2011/012 of 06 May 2011 on the protection of
consumer in Cameroon;
Considering the decree n ° 92/089 of May 04, 1992 specifying the attributions of the First
Minister, modified and supplemented by decree n ° 95/145 bis of August 4, 1995;
Having regard to decree n ° 2011/408 of 09 December 2011 on the organization of
Government;
Having regard to decree n ° 2011/409 of 09 December 2011 appointing a
Prime Minister, Head of Government;
Having regard to Decree No. 2012/180 of April 10, 2012 on the organization and
functioning of the National Information Technology Agency and
Communication;
Having regard to Decree No. 2012/203 of April 20, 2012 on the organization and
functioning of the Telecommunications Regulatory Agency;
Having regard to Decree No. 2012/512 of 12 November 2012 on the organization of
Ministry of Posts and Telecommunications,
Considering the decree n ° 2012/1318 / PM of May 22, 2012 fixing the conditions and the
procedures for granting authorization to exercise the certification activity
electronic;
Considering the decree n ° 2012/1638 / PM of June 14, 2012 fixing the modalities
establishment and / or operation of networks and provision of services
electronic communications subject to authorization,
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CHAPTER I
GENERAL PROVISIONS
ARTICLE 1.- (1) This decree sets out the terms and conditions for the protection of
consumers of electronic communications services.
(2)
It guarantees the consumers referred to in paragraph (1) above
the rights relating to privacy, to the quality and permanence of services, to
information and processing of personal data.

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ARTICLE 2.- For the application of this decree, the definitions below are
admitted:
1. Confidentiality: maintaining the secrecy of information and
transactions in order to prevent the unauthorized disclosure of information
to non-recipients allowing reading, listening, illegal copying
✓ of intentional or accidental origin during their storage, treatment
or transfer;
2. Consent : manifestation of free will, specific to a
user or subscriber after receiving information
clear and complete;
3. Consumer : natural or legal person who uses services
of electronic communications to meet their own needs
and / or those of his dependents and not to resell them or
transform, or any person who benefits from the benefits of
publicly available electronic communications services;
4. Operator : natural or legal person operating a network of
electronic communications open to the public or providing to the public
an electronic communications service;
5. Prospecting : sending any message intended to make, directly or
indirectly, the promotion of goods, services or the image of a
person selling goods or providing services;
6. Electronic communications network open to the public:
set of established electronic communications networks or
used for the needs of the public.
ARTICLE 3.- (1) Network operators, service providers
electronic communications and electronic certification authorities
must respect, in the context of their contractual relations with
beneficiaries of electronic communications services, the principles of
protection, satisfaction, equity and participation.
(2) They are bound by the duty of information, the duty of
warning and advice vis-à-vis their subscribers.
ARTICLE
4.- (1) The consumer of communications services
electronic devices has the right to:
- the protection of privacy, health, safety and
the environment in the consumption of technologies, goods and
electronic communications services;
- the quality and permanence of the service;
- information from the operator or service providers:
- full compensation for damage for the damage suffered attributable to
to operators and suppliers of communications services
electronic;

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- the freedom to form independent associations or organizations and
independent in order to carry out or participate in the promotion and
defense of consumer rights.
(2) He is also entitled:
access to electronic communications services, with
standards of quality and consistency inherent in its nature, throughout the
National territory ;
- the freedom of choice of its service provider;
- non-discrimination in terms of access and conditions of use
service;
- adequate information concerning the conditions of supply of
services, tariffs and other related costs;
- to the inviolability and secrecy of its communications, except in
conditions provided for by the regulations in force;
- at his request, the non-disclosure of his access identifier;
- non-suspension of the service provided, except for non-compliance with the
clauses of his contract;
- prior information on the suspension clauses of the contract;
- the service provider's responses to its complaints;
- compensation for damages arising from the violation of
his rights.
CHAPTER H
PROTECTION OF THE PRIVACY OF CONSUMERS
ARTICLE 5.- (1) Network operators and service providers
electronic communications, electronic certification authorities
guarantee the rights of consumers of communications services
electronic.
(2) The rights referred to in paragraph (1) above relate to:
- confidentiality and respect for the principle of inviolability and
secrecy of messages transmitted through their networks
electronic communications;
- the protection of personal data of
consumers;
- the security of the information conveyed through the networks of
electronic communications and information systems.
ARTICLE 6.- The operators of networks open to the public are bound by a
simple and free way to give consumers the opportunity to
hide their numbers.

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ARTICLE 7.- (1) Network operators and service providers
of electronic communications ensure that
electronic communications for prospecting purposes without consent
prior to consumers.
(2) Network operators and service providers
of electronic communications ensure non-emission through their
networks, electronic messages for prospecting purposes, concealing
the identity and contact details of the issuer.
ARTICLE S.- (1) Direct prospecting by electronic communications is
authorized if the recipient's contact details have been collected directly
to him during the provision of services.
(2) The prospecting referred to in paragraph (1) above concerns the
products or services provided by the same service provider. However,
the author of the prospecting is required to put in place a system allowing
to the recipient to terminate it in a simple and cost-free manner.
ARTICLE 9.- (1) Operators and service providers
electronic communications are required to set up a system
control technique for malicious or non-malicious electronic communications
desired and to make known, by any means, the existence of it.
(2) Network operators and service providers
electronic communications services offer their subscribers
systems for blocking malicious or non-malicious electronic communications
desired.
ARTICLE 1Q.- (1) The registration in a directory of subscribers as well as the
verification, correction and deletion of personal data
is free, subscribers are not required to participate in the costs
preparation and publication of the directory.
(2) Operators and service providers of
electronic communications guarantee the principle of refusal to appear in
the directory for subscribers who request it.
(3)
Natural persons who refuse to appear in
the directory of subscribers formulate a written request addressed to their
operator or their electronic communications service provider.
Additional charges are applied for this purpose in accordance with the tariff in
force in the matter.
ARTICLE 11.- Operators and service providers
electronic communications guarantee the inviolability of communications
electronic. As such, they set up a technical device
preventing any unauthorized person from listening, intercepting,
store communications and traffic data, without
prior consent of the consumers concerned.

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CHAPTER ili
CONSUMERS 'RIGHT TO INFORMATION
ARTICLE 12.- (1) Operators, service providers
electronic communications and electronic certification authorities
regularly publish and make available to consumers,
clear, transparent and up-to-date information relating to all
services offered, at the cost of electronic communications and
general conditions of offer of services and this, before, during or after the
conclusion of the contract.
(2) The contract referred to in paragraph (1) above includes the
items below;
- the establishment's address, telephone number, number
of the fax machine and the e-mail address of the operator or
service provider when available;
- the geographical address of the commercial headquarters of the operator or
service provider if it is different from the address
establishment;
- the service (s) provided and the time required for their provision;
- details of the prices and tariffs charged and the means by which
updated information on all applicable tariffs
and maintenance fee can be obtained;
- the types of maintenance services offered or after sales
offered, if applicable;
- the duration of the contract, the conditions for renewal and
interruption of services and the contract;
- compensation and reimbursement formulas
possibly applicable if the quality levels
services provided for in the contract are not achieved;
- the procedures for initiating procedures for the settlement of
disputes;
- the conditions under which the consent of the subscriber must
be given before any contractual modification;
- the conditions under which the
subscription contract;
- information on possible limitations of liability
contractual.
ARTICLE 13.- Operators, service providers
electronic communications and electronic certification authorities
must present their subscribers with invoices which clearly mention
transparent and in the official Cameroonian languages, information
correct on all charges for the relevant billing period, the date
due date, unpaid balances, administration fees
related, and if applicable the exact details of all amounts payable as well
as the payment due date.

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CHAPTER IV
OF THE QUALITY AND PERMANENCE OF THE SERVICES OF
ELECTRONIC COMMUNICATIONS
ARTICLE 14.- Network operators, service providers
electronic communications and electronic certification authorities
continuously provide quality services to consumers.
ARTICLE 15.- (1) The Agency continuously ensures the quality of
services offered to consumers by network operators,
providers of electronic communications services and authorities
electronic certification.
(2) The consumer is entitled to demand compensation for any
damage resulting from non-compliance with contractual supply clauses
an electronic communication service attributable to the operator.
ARTICLE 16.- (1) Network operators, service providers
electronic communications and certification authorities take all
the measures necessary to guarantee the continuity of the services offered to
consumers in accordance with the provisions of their specifications.
(2) The Agency shall ensure that the services referred to in paragraph (1) below
above are not interrupted, except in cases of force majeure.
(3) When an interruption of service is envisaged by a
network operator or by a service provider, it is required,
prior to this interruption, to inform consumers by any means
means leaving a written record forty eight (48) hours at least before.
The operator or! S supplier shall inform the Agency thereof within the same time limit.
(4) The interruption referred to in paragraph (2) above may not exceed
one hundred and eighty (180) minutes. Beyond this period, the Agency requires
the operator or service provider order repair action
general without prejudice to any individual action of consumers having
suffered particular damage.
ARTICLE 17.- Network operators and service providers
electronic communications take all appropriate measures to
guarantee their subscribers uninterrupted access to emergency services.
ARTICLE 18.- Operators of communications networks are prohibited
electronics and communications network providers
open to the public to restrict or refuse the connection of
electronic communications terminal equipment approved by
the Agency, unless this restriction or refusal is requested by the
the State for the needs of national defense or public security.

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CHAPTER V
SETTLEMENT OF DISPUTES BETWEEN OPERATORS
AND CONSUMERS
ARTICLE 19.- (1) The Agency is competent to know, before the referral
of any jurisdiction, disputes between network operators
communication, service providers and certification authorities to
consumers.
(2) The Agency may, on its own initiative or at the request of one of the parties,
make an attempt at conciliation in order to find an amicable solution to the
litigation. It may take measures that it deems useful for this purpose, in particular by
to be assisted, if necessary, by internal or external experts.
ARTICLE 20.- In the event of failure of the conciliation procedure initiated by
Agency, the procedure followed is that provided for by the provisions of Law no.
2010/013 of 21 December 2010 referred to above relating to the settlement of disputes
between operators.
CHAPTER VI
MISCELLANEOUS AND FINAL PROVISIONS
ARTICLE 21- The Agency may, either ex officio or at the request of a
professional organization, an approved association of users or a
natural or legal person, sanction, after observation or verification,
failures by operators and service providers
electronic communications, in accordance with the provisions of article 66
and following of the law n ° 2Q10 / 013 of December 21, 2010 referred to above.
ARTICLE 22.- (1) The Agency shall consult consumers, manufacturers,
electronic communications companies on any rights-related issue
of consumers when these affect the market.
(2) The parties referred to in paragraph (1) above may,
following the Agency's guidelines, put in place mechanisms
making it possible to improve the general quality of services, in particular by
developing codes of conduct as well as operating standards.
ARTICLE 23.- Specific texts of the Minister in charge of
telecommunications specify, as necessary, the terms and conditions
application of this decree.
ARTICLE 24 - This decree will be registered, published following the procedure
emergency, then inserted in the Official Journal in French and English. IYAOUNDE LE, ___ l 1

i 'N? Ql3_ _ _

THE PRIME MINISTER,
HEAD OF GOVERNMENT,

