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REPUBLIC OF CONGO
Union Work Progress

61 e YEAR - # 45

Thursday, November 7, 2019

OFFICIAL J OURNAL
FROM THE REPUBLIC OF CONGO
appearing on Thursday of each week in Brazzaville

SUBSCRIPTIONS
DESTINATIONS

NUMBER
1 YEAR

REPUBLIC OF CONGO ............................................... ...............

6 MONTHS

24,000

3 MONTHS

12,000

6,000

500 F CFA

9,600

800 F CFA

Airway exclusively
FOREIGN ................................................. ...........................................

38,400

19,200

¤ Judicial and legal announcements and various notices: 460 francs per line (it will not be counted less than 5,000 francs per announcement or notice).
The announcements must reach the Thursday preceding the publication date of the “JO” at the latest.
¤ Land and mining property: 8,400 frs per text.
¤ Declaration of association: 15,000 francs per text.
DIRECTION: TEL./FAX: (+242) 281.52.42 - PO BOX 2.087 BRAZZAVILLE - Email: journal.officiel@sgg.cg
Payment: cash, postal order, certified check payable in the Republic of the Congo, made payable to the Official Journal
and sent to the Directorate of the Official Journal and Documentation.

SUMMARY
MINISTRY OF THE INTERIOR
AND DECENTRALIZATION

OFFICIAL PART
- LAW -

- Merger decision ...................................... 1418

10 Oct. Law n ° 29-2019 on data protection

MINISTRY OF FOREIGN AFFAIRS,
COOPERATION AND CONGOLESE ABROAD

of a personal nature ................................... 1404

- Appointment ................................................ 1419

- DECREE AND ORDERS -

NON-OFFICIAL PART

SPECIAL TEXTS
MINISTRY OF THE PUBLIC SERVICE,
REFORM OF THE STATE, LABOR AND
SOCIAL SECURITY

- ANNOUNCEMENT - Legal notice .......................................... 1419
- Declaration of associations .......................... 1419

- Nomination................................................ . 1418

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Official Journal of the Republic of Congo

No. 45-2019

previous, the controller
designates a representative established in the territory
of the Republic of the Congo, without prejudice
of actions that can be introduced at its
against ;
- any processing of data concerning the
public security, defense, research and
prosecution of criminal offenses or security
of the State, even linked to an economic interest
or significant state financial institution, subject to
of the exemptions defined in this law
and specific provisions in this area
fixed by other laws.

OFFICIAL PART
- LAW Law n ° 29 - 2019 of October 10, 2019 on
protection of personal data
The National Assembly and the Senate
deliberated and adopted;
The President of the Republic promulgates
the law, the content of which follows:
TITLE I: GENERAL PROVISIONS
Chapter 1: Object and scope

Article 3: Are excluded from the scope of the
this law, the data processing carried out
by a natural person within the exclusive framework of
his personal or domestic activities, provided
however that the data concerned is not
intended for systematic communication to
third party or broadcast.

Article 1: The purpose of this law is to:
- set up a mechanism allowing
to ensure the protection of fundamental rights and freedoms
data of natural persons, in particular
of their privacy, with regard to the processing
personal data;
- ensure that information technologies
and communication remain at the service of
citizen and do not infringe on the freedoms
individual or public, especially in life
private.

Are not also subject to the provisions of
this law, the temporary copies made in the
framework of the technical activities of transmission and
provision of access to a digital network, with a view to
automatic, intermediate and transient storage
data and for the sole purpose of allowing others
recipients of the service the best possible access to
information transmitted.
Chapter 2: Definitions
Article 4: For the purposes of this law, the following terms are understood to mean:

It only guarantees the collection of personal data
personnel, their transmission, their storage, their
use or in general their treatment, under
whatever form it may be, respects freedoms and
fundamental rights of natural persons. It
also takes into account the prerogatives of the State,
the rights of decentralized administrative entities,
the interests of business and civil society.

▪ Special categories of data with
personal: genetic data, data
related to minors, data relating to
offenses, criminal convictions or
security measures, biometric data
as well as, insofar as they are processed
for what they reveal or contain, the
personal data which reveals
ethnicity, parentage, opinions
political, religious or phiPhilosophical, trade union membership, gender
as well as the processing of data relating to
health and sex life;

Article 2: The provisions of this law
apply to:
- any collection, any processing, any transmission, all storage and use of
personal data by a person
sounds physical, by the State, the adminisdecentralized tratives, legal persons
public or private law;
- any automated or non-automated processing of data
contained or called to appear in a file,
with the exception of the treatments mentioned in
article 3 of this law;
- any processing carried out by a
responsible as defined in this law
on the territory of the Republic of the Congo or
in any place where the law of that country applies;
- any processing carried out by a
responsible, established or not in Congo, who
uses processing facilities located on
the Congolese territory, excluding the means
which are only used for transit purposes
in this territory. In the cases referred to in paragraph

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▪ Code of conduct: Set of rules,
in particular the user charters, drawn up
by the controller, in accordance
with this law, in order to establish a use
correct IT resources,
Internet and electronic communications
of the structure concerned, and approved by the
commission;
▪ Commission: The commission responsible for
protection of personal data
nel, created by a law of the Republic of
Congo to ensure that the treatment of
personal data are put in
works in accordance with the provisions of
this law;

Official Journal of the Republic of Congo

▪ Electronic communications: Emissions,

▪ Data controller: The person

transmissions or receptions of signs,
signals, writings, images or sounds, by
electronic or electromagnetic way;

physical or moral, public or private any
other body or association which, alone or
jointly with others, make the decision
to collect and process personal data
personnel and determines their purposes;

▪ Temporary copies: Data copied temporarily
usually in a dedicated space, for a long time
limited in time, for the needs of the
operation of processing software;

▪ Subcontractor: Any natural person or person
rale, public or private, any other organization
or association that processes data for the
account of the controller;

▪ Consent of the person concerned: Any
manifestation of express will, unbalanced
voque, free, specific and informed by which
the person concerned or his representative
gal, judicial or conventional, accepts that his
personal data are subject
manual or electronic processing;

▪ Remote service: Any service from
value-added service, based on
telecommunications and / or IT,
aiming to enable, interactively and
remotely, to a natural or legal person,
public or private, to carry out activities,
procedures or formalities, etc;

▪ Recipient: Any person authorized to receive
see communication of personal data
personnel other than the person concerned,
the controller, the processor
and people who, by virtue of their
tions, are responsible for processing the data.
However, the public authorities legally
empowered, as part of a specific mission
or the exercise of a right of communication
cation, can ask the person in charge of
processing to communicate data to them
of a personal nature;

▪ Third party: Any natural or legal person,
public or private, any other body or
association other than the person concerned, the
controller, the processor and
people who, under the direct authority
the controller or subcontractor
both, are authorized to process the data;
▪ Processing of personal data
nel: Any operation or set of operations
provided for in article 2 of this law
killed or not by means of automatic
whether or not, and applied to data, such as
that the collection, operation, registration,
organization, conservation, adaptation,
modification, extraction, saving, copying,
consultation, use, communication
by transmission, broadcast or any other
form of provision, reconciliation
or interconnection, as well as locking,
encryption, erasure or destruction of data
born of a personal nature.

▪ Personal data: Any information
statement relating to an identified natural person
or directly or indirectly identifiable,
by reference to an identification number or
to one or more elements specific to its identity
physical, physiological, genetic, psychological
chic, cultural, social or economic;
▪ Genetic data: Any data concerning
the hereditary characteristics of an individual or
a group of related individuals;
▪ Interconnection of files containing data

Terms and expressions not defined herein
law retain their definitions or meanings
born by the laws and regulations in force as well as by
the international legal instruments to which the
Republic of the Congo has subscribed, in particular, to the
vention of the international telecommunication union
regulations, the radiocommunications regulations and the
regulation of international telecommunications.

born of a personal nature: Any mechanism
of connection consisting in putting in relation
of data processed for a specific purpose
born with other data processed for purposes
Identicalities or not, or linked by one or
several data controllers;
▪ Third country: Any foreign state that is not
member of the CEMAC / CEEAC area;

TITLE II: TREATMENT CONDITIONS
PERSONAL DATA

▪ Person concerned: Any natural person
which is the subject of data processing at
personal character;

Chapter 1: Guiding principles of treatment
personal data

▪ Direct prospecting: Any solicitation efcarried out by sending a message, which
whatever the medium or the nature, in particular
commercial, political or charitable, destiny
to promote, directly or indirectly,
goods, services or the image of a person
rings selling goods or providing
services ;

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Article 5: Processing of personal data
personnel can only be made after receiving the
consent of the data subject.
However, the requirement for the consent of the person
concerned is not required when the processing is
necessary :

Official Journal of the Republic of Congo

- compliance with a legal obligation to which the
controller is submitted;
- 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 is communicated;
- 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;
- to safeguard the interest or rights and release
fundamental principles of the person concerned.
Article 6: The processing of personal data
sonnel is done in a lawful, fair and transparent manner
with regard to the person concerned.

of the controller or under that of the subprocessor, as well as the processor itself, and who
access to personal data cannot
process them only on the instructions of the person in charge of
treatment.
Article 13: No court decision involving a
appreciation of a person's behavior
physical cannot be based on a treatment
automated personal data intended
to assess certain aspects of his personality.
No decision producing legal effects to
against a natural person cannot be taken
on the sole basis of automated processing
personal data intended to define the
profile of the interested party or to assess certain aspects of
her personality.

Article 7: Personal data are
kept for a period that does not exceed the
period necessary for the purposes for which they
were collected or processed. Beyond this period
required, this data cannot be
conservation than in order to respond specifically to
processing for historical, statistical or
research under legal provisions.

Are not considered to be taken on the sole
basis for automated data processing at
personal character, decisions made within the framework
the conclusion or performance of a contract and for
which the data subject has been placed in
to present its observations or those satisfying the
requests from the person concerned.

Article 8: Personal data collected
tees meet the accuracy requirement and are, if
necessary, updates. Any reasonable measure
is taken so that inaccurate or incorrect data
complete, with regard to the purposes for which they
are collected and subsequently processed, either effaceted or rectified.

Chapter 2: Specific principles relating to
the processing of special categories
personal data

Article 9: Processing of personal data
personnel is carried out in accordance with the principle of
transparency which implies compulsory information
from the controller relating to
personal data.
Article 10: Personal data are
treated confidentially and are protected
in accordance with the provisions of Article 64 of
this law, in particular when the processing
involves data transmissions in a
network.

Article 14: The collection and processing of data
personal character that reveal ethnic origin or
regional, parentage, political opinions, advice
religious or philosophical victions, belonging
union, sex life, genetic data or
more generally those relating to the state of health of
the person concerned are prohibited.
Article 15: Exemption from the provisions of
Article 14 above for the categories of processing
following when:
- the personal data that must be
the object of treatment were clearly
made public by the data subject;
- the data subject has given their consent in writing, whatever the medium, to a
such treatment and in accordance with the texts
in force ;
- the processing of personal data
is necessary to protect the interests
of the person concerned or of a
other person in the event that the person
concerned is physically incapacitated
or legal to give consent;
- the processing is necessary for the recognition,
the exercise or defense of legal claims.
However, genetic data cannot
be processed only to verify the existence of a
genetic link within the framework of the administration
proof in court for identification
of a person, prevention or repression
a specific criminal offense;
- legal proceedings or an investigation

Article 11: When the processing is implemented
on behalf of the controller, the latter
ci chooses a subcontractor who provides guarantees
sufficient with regard to security measures
technique and organization relating to treatments
to perform. It is the responsibility of the controller
as well as the subcontractor to ensure compliance with
security measures defined by the provisions of
article 64 of this law.
Processing carried out on behalf of the controller
processing is governed by a written contract
which binds the processor to the controller
and which provides in particular that the subcontractor does not act
only on the instruction of the person in charge of
processing and that the obligations referred to in this
article are also incumbent on this one.
Article 12: Anyone who acts under the authority

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Official Journal of the Republic of Congo

criminal is open;
- the processing of personal data
nel is necessary for a reason of interest
public, in particular for historical purposes,
statistics or science;
- the processing is necessary for the execution of a
contract in which the data subject is
tie or the execution of pre-contractual measures
taken at the request of the person concerned
during the pre-contractual period;
- the processing is necessary for compliance with a
legal or regulatory obligation to which the
controller is submitted;
- the processing is necessary for the execution
of a public interest mission or is carried out
by a public authority or is assigned by
a public authority to the data controller
ment or to a third party to whom the data is
communicated;
- the processing is carried out within the framework of
legitimate activities of a foundation, an association
ciation or any other non-profit organization
lucrative and political, philosophical,
religious, mutualist or union. However,
the processing relates only to the members
of this organization or to persons maintaining
with him regular contacts related to his purpose
and that the data is not communicated
ced to third parties without the consent of
persons concerned.
Article 16: When personal data
relate to offenses, convictions
criminal law or security measures, their treatment
can only be implemented by:

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- it is necessary for the purposes of preventive medicine,
medical diagnostics, administration
care or treatment either of the person
concerned, either from its parent or when the
health services act in the interest of the
concerned person. The data is processed
under the supervision of a professional
health care which is subject to professional secrecy
sional.
Article 18: Collection of personal data
personnel related to health only operates
with the person concerned. These data do not
can be collected from sources other than
provided that the collection is necessary for the purposes of
processing or that the data subject is not
able to provide the data itself.
Article 19: Processing of personal data
staff for journalism,
artistic or literary research or expression
is allowed when it is used for the sole purpose of
literary and artistic expression or exercise, to
professional title, activity of journalist or
researcher, in compliance with ethical rules
of these professions.
Article 20: The provisions of this law do not
obstacle to the application of legislative provisions and
regulations that provide for the conditions of exercise
the right of reply and which prevent, limit,
repair and, where appropriate, repress breaches of
privacy and reputation of natural persons.
Chapter 3: Principles specific to certain
personal data operations

- courts, public authorities and
legal persons managing a public service,
acting within the framework of their attributions
legal;
- auxiliaries of justice for the strict needs
care of the exercise of their missions
entrusted by law.
Article 17: Processing of personal data
personnel for health purposes is only permitted if:
- the data subject has given their consent is lying ;
- it relates to data clearly encountered
public due by the person concerned;
- it is necessary for the defense of virate of the person concerned or another
person in the event that it is in
physical or legal inability to donate
his consent;
- it is necessary for the achievement of a purpose
fixed by or under the law;
- it is necessary for the promotion and protection
public health, including screening;
- it is necessary for the prevention of a danconcrete management or repression of an offense
determined criminal;
- it is necessary for the observation, for the exercise
or the defense of a legal right;

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No. 45-2019

Section 1: Personal data
and direct prospecting
Article 21: Direct prospecting carried out using
any means of communication using, under any
form whatsoever, personal data
is prohibited.
It is only admitted when the person concerned
has expressed prior consent to receive from
such surveys.
Section 2: Personal data
and electronic certificate
Article 22: Except with the express consent of the person
concerned, the personal data collected
linked by certification service providers
electronic for the purposes of issuance and
conservation of certificates linked to electronic signatures
tronic are directly from the person
concerned and can only be processed for the purposes
for which they were collected.
Section 3: Cross-border data flow
personal
Article 23: The cross-border transfer of data to
personal character can only take place if the country

Official Journal of the Republic of Congo

third party ensures a sufficient level of protection of the
privacy, fundamental rights and freedoms of
persons with regard to the processing of which these data
are or may be the subject.

The interconnection of files belonging to people
private and whose main purposes are different
is also subject to the authorization regime.
Article 27: The interconnection of files may not have
for the sole purpose of achieving legal or
statutory bodies of legitimate interest to
data controllers.

The controller informs in advance
the commission of any transfer of personal data
personnel to a third country.

Interconnection of files is only allowed if
it does not entail any discrimination or reduction
rights, freedoms and guarantees for people
concerned.

Before any processing of personal data
personnel coming from abroad, the commission checks
beforehand that the controller has
ensure a sufficient level of privacy protection,
of the fundamental rights and freedoms of people
with regard to processing under this Act.

It is accompanied by appropriate security measures
and takes into account the principle of data relevance
subject to interconnection.

The sufficiency of the level of protection
provided by a controller is assessed
in particular according to the security measures that
are applied in accordance with this law,
treatment-specific characteristics, such as its
purposes, its duration as well as the nature, origin
and the destination of the processed data.

Article 28: The request for authorization of interconnection
provided for in article 37.3 of this law specifies in
minimum the following information:

Article 24: The controller can
transfer personal data to a
third country that does not meet the conditions set out in
Article 22 of this law if the transfer is punctual
tual, not massive and that the person to whom
bear the data has expressly consented to their
transfer or if the transfer is necessary for the protection of
tion of that person's life, to safeguard
public interest, compliance with obligations allowing
to ensure the challenge, exercise or defense of a
right to court and to the execution of a contract between the
controller and the interested party.
Article 25: A transfer or a set of transfers
data to a third country that does not provide
sufficient level of protection can be authorized by the
commission when the controller offers
sufficient guarantees with regard to the protection
privacy, fundamental rights and freedoms
of the persons concerned as well as the exercise of
corresponding rights. Authorization is issued on
the basis of a duly substantiated request from the
controller.

- the nature of the personal data
relating to interconnection;
- the purpose for which the interconnection is
considered necessary;
- the duration for which the interconnection is
allowed;
- where applicable, the conditions and terms
with regard to the most effective protection of rights
and freedoms and in particular the right to life
privacy of data subjects or third parties.
Article 29: The request for authorization of interconnection
as well as the interconnection authorizations are
registered in the processing directory kept by the
commission.
Article 30: The authorization can be renewed after
a request from the data controllers.
Chapter 4: Formalities prior to processing
personal data
Section 1: Exemptions from formalities
Article 31: The following operations are exempt
the preliminary formalities provided for by the provisions
of this law:

Section 4: Interconnection of files
containing personal data

- the processing mentioned in article 3 of the
this law;
- treatments having for sole purpose the holding
a register which, by virtue of
legislative or regulatory, is intended
exclusively for public information and is
open for consultation of it or any
person showing a legitimate interest;
- the treatments implemented by an association
tion or any non-profit organization and
religious, philosophical, political or
union as soon as these data correspond
tooth to the object of this association or this
organism, that they only concern their
members and are not intended for
be communicated to third parties.

Article 26: The interconnection of files referred to in article
37.3 of this law falling under one or more
legal persons managing a public service and whose
the purposes correspond to public interests
different is subject to the authorization regime
in accordance with the provisions of Articles 37, 38 and
39 of this law.
The same is true for file interconnections
implemented by the State with the aim of
available to users of the administration un
or several remote services as part of
electronic administration.

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Article 32: Subject to the provisions of article
3 of this law, the exemptions provided for in article
31 above are without prejudice to the other obligaresponsibilities of those responsible for processing
personal data defined by the provisions
sitions of this law. They are also without prejudice.
dice of the rights recognized to the persons concerned.

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above, those which are exempt from declaration. For
to do so, the commission takes into account their purposes,
their recipients or categories of recipients,
personal data processed,
retention period of these and the categories of
persons concerned.

Section 2: The declaration regime
Article 33: Apart from the cases provided for in Articles 31,
35 and 38 of this law, data processing
of a personal nature are the subject of a declaration
to the commission.
The declaration, in accordance with a model established by the
commission, includes the commitment that the processing
meets the requirements of the law.

Under the same conditions, the commission may autorisking those responsible for certain categories of trafficking
to make a single declaration in accordance with
ment to the provisions of article 34 of this law.
Section 3: The simple authorization regime
Article 37: Are implemented after authorization of
the Commission :
- the processing of personal data
staff dealing with genetic data and
on research in the field of health;
- the processing of personal data
personal data relating to
to offenses, convictions or measures
security;
- the processing of personal data
sonnel having for object an interconnection
files, as defined in article 28 of the
this law;
- processing relating to a national number
identification or any other identifier of
general scope;
- the processing of personal data
staff with biometric data;
- the processing of personal data
personnel having a motive of public interest, in particular
ment for historical, statistical or
scientists.

The commission certifies, by an acknowledgment of receipt,
any statement. It delivers, within one month,
a receipt which allows the applicant to put in
carries out the processing without however exempting it from any
of its responsibilities.
The one-month period referred to in paragraph 3 of this article
can be extended once, by reasoned decision of the
commission.
However, only receipt of the receipt gives the right
to the implementation of a treatment.
Article 34: When data processing with a
staff come under the same organization and have
identical or related purposes, they can do
the subject of a single declaration. In this case, the intraining required pursuant to article 44 of the
this Act are provided for each of the
ments only to the extent that they are specific to it.

Article 38: Processing which responds to a
same purpose, relating to categories of data
identical and having the same recipients or
categories of recipients may be authorized
by a single decision of the commission. In this
case, the person in charge of each processing addresses the
commission a compliance commitment of the latter
to the description in the authorization.

Article 35: For the most common categories of
processing of personal data including
implementation is not likely to affect
privacy or freedoms, the commission establishes and
publishes standards intended to simplify or exempt
the reporting obligation.
The standards relating to the simplified declaration specify:
- the purposes of the processing operations subject to
a simplified declaration;
- personal data or categories
personal data processed;
- the category or categories of data subjects;
- the recipients or categories of recipients
to whom personal data
are communicated;
- the retention period of the data to be
personal.
These standards may take into account the codes of
conduct approved by the commission.
Article 36: The commission may define, among the
categories of processing referred to in Article 35 below

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No. 45-2019

Article 39: The committee decides within a time limit
two months from the date of receipt of the
request. However, this period may be renewed once
times, by reasoned decision of its president. When the
committee did not take a decision within these deadlines, the
authorization request is deemed rejected.
Section 4: Authorization regime
on the advice of the commission
Article 40: Data processing in character
personnel operated on behalf of the State, a
public establishment, an administrative entity decentralized or a legal person governed by private law
managing a public service are decided by regulatory act
ment taken by the President of the Republic, after
reasoned opinion of the committee.

Official Journal of the Republic of Congo

These treatments relate to:

No. 45-2019

vre the treatment as well as the categories of
persons who, by virtue of their functions or
for the purposes of the service, have directly
access to recorded data;
- the recipients authorized to receive communinication of data;
- the function of the person or the department with
from which the right of access is exercised;
- the arrangements made to ensure safety
processing and data;
- indication of the use of a subcontractor;
- transfers of personal data
intended for a third country, under
reciprocity reserve.

- national defense and public security;
- prevention, research, observation
or the prosecution of criminal offenses or
the execution of criminal convictions or
security measures;
- the population census;
- personal data relating to
appear, directly or indirectly, the
ethnic or regional origins, parentage,
political, philosophical or rereligious or union membership of staff
sounds, or which relate to health or
sex life of these when they do not fall
not from article 37.3 of this law;
- the treatment of wages, pensions, taxes,
taxes and other liquidations.

Requests for opinions relating to internal processing
concerning State security, defense or security
public authority may not have all the elements
information items listed in paragraph 1 above.
The list of these treatments and the information that
requests for advice on these treatments must
to include at least is set by regulation
keep quiet after the committee's opinion.

Article 41: The commission, seized of a request
opinion, gives a decision within two months,
from the receipt of the request. However, this
time limit may be renewed once, upon a motived of the president.
If the commission seized does not rule until
the expiry of the time limit set in the previous paragraph, the notice is
deemed favorable.
Article 42: The regulatory act taken after notice of
commission and authorizing the processing referred to in
Article 40 of this law specifies:
- the name and purpose of the processing;
- the service to which the right of access is exercised;
- the categories of personal data
recorded;
- the recipients or categories of recipients
authorized to receive communication of these
data;
- the exemptions from the information obligation provided for
by the provisions of article 49.1 of this
law, if applicable.

Article 44: when there is a change affecting
the information mentioned in article 43 above,
the data controller
personnel already declared or authorized introduces a
new request to the commission.
In addition, in case of deletion of the processing, the
controller referred to in the first paragraph of
this article informs the committee.
Article 45: Declarations, authorization requests
and requests for advice can be addressed to the
mission electronically or by post. Said
commission issues the receipt referred to in paragraph 3 of article
33 of this law, if necessary by electronic means.
TITLE III: PERSONAL RIGHTS
CONCERNS AND OBLIGATIONS
OTHER ACTORS

Section 5: Common provisions
prior formalities

Chapter 1: Rights of data subjects
Section 1: Right to information

Article 43: Declarations, authorization requests
and the requests for advice specify:
- the identity and address of the person responsible for
treatment or, if this is not established on the
national territory, those of its representative
duly authorized;
- the purpose (s) of the processing as well as the
general description of his duties;
- the interconnections envisaged or all
very forms of connection with others
treatments;
- the personal data processed,
their origin and the categories of persons involved.
identified by treatment;
- the retention period of the information
processed;
- the service (s) responsible for implementing

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Article 46: When personal data
sonnel are collected directly from the staff
concerned, the controller or his
representative provides the latter, at the latest, when
collection, and whatever the means and supports
employees, the following information:
- the identity of the controller and,
where applicable, that of its representative;
- the determined purpose (s) of the processing
to whom the data is intended; the
categories of data concerned;
- the recipient (s) or categories of desrecipients to whom the data is susceptible
open to being communicated;
- whether the answer to the questions
is compulsory or optional as well as the

Official Journal of the Republic of Congo

possible sequences of a failure to respond;
- the fact of being able to ask to no longer appear
on the file;
- the existence of a right of access to the data
concerning and rectification of such data;
- the retention period of the data;
- where applicable, data transfers to
personal character envisaged at destination
from a third country.

Section 2: Right of access
Article 50: Any natural person proving their
identity has the right to request, in writing, whatever
either the support, to the person responsible for processing
personal data, to provide him with:
- information making it possible to know and
contest the treatment;
- confirmation that personal data
staff concerning her do or do not
not the object of this processing in a form
accessible, personal data
which concern it as well as any information
available as to the origin of these;
- information relating to the purposes of the
processing, to the categories of recipients
to whom the data are communicated;
- where applicable, information relating to
transfers of personal data
planned for a third country.

Article 47: When the collection of personal data
personnel is not done directly with the
data subject, the information referred to in Article
46 above are sent to the said person at
time of data recording or, if their
communication is planned, at the latest during the
first communication.
Article 48: The right to information defined by the
provisions of article 46 of this law
not applicable:
- when the data is collected in the
conditions described in article 47 of this
law and used during processing under
work on behalf of the State and interesting
state security, defense, security
public or having as its object the execution of
criminal convictions or measures of
safety, insofar as such a limitation
is necessary to respect the ends pursued
by processing;
- when the treatment is necessary for the
prevention, research, recognition and
prosecution of any offense;
- when the treatment is necessary for the
taking into account an economic interest or
important financial resources of the State, including in
monetary, budgetary, customs matters
and fiscal.
Article 49: Any person using the networks
of electronic communications is informed of
clearly and completely by the person in charge of
treatment or its representative:

Article 51: If the person concerned makes the
request, a copy of the personal data
concerning it is delivered to him. The person in charge of
treatment may make the issuance of this
copy for payment of a sum not exceeding
cost of reproduction.
In case of risk of concealment or disappearance
personal data, the person
concerned can inform the commission which takes
any measure likely to avoid this concealment
or this disappearance.
Article 52: Any person who, in the exercise of his
right of access, has serious reasons for admitting that
the data communicated to him is not
in accordance with the data processed, may inform the
commission which carries out the necessary verifications.
Article 53: A patient's right of access is exercised
by the patient himself or through a
doctor he designates. In the event of the patient's death,
his / her spouse not legally separated and his / her children, if he / she
is a minor, his father and mother, can exercise,
through a doctor they designate, the
permission to access.

- the purpose of any action tending to gain access,
by electronic transmission, to
information stored in its equipment
connection terminal, or to register, by
the same way, information in his
terminal connection equipment;
- the means at its disposal to oppose it.

Article 54: The controller may
oppose manifestly abusive requests,
in particular by their number, their repetitive nature
or systematic. In case of dispute, the charge
proof of the manifestly abusive nature of the
requests is the responsibility of the controller
to whom they are addressed.

The provisions of the previous paragraph 1 are not
applicable if access to information stored in
user's terminal equipment or registration
information in the user's equipment:

Article 55: By derogation from Articles 50 to 53 of the
this law, when a treatment interests the defense
national and public security, the right of access
is exercised under the following conditions:

- has the sole purpose of enabling or facilitating
communication by electronic means or;
- is strictly necessary for the supply
an online communication service,
express request of the user.

Page 1412
10

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- the request is addressed to the commission which
designates one of its members belonging

Official Journal of the Republic of Congo

or having belonged to the Supreme Court for
carry out the necessary investigations. This one
may be assisted by another officer of the
commission. The applicant is notified that he has
been carried out;
- when the committee notes, in agreement
with the controller, that the
communication of the data contained therein
does not question its purposes, the safety
state, defense or public security,
these data can be communicated to
applicant;
- when the treatment is likely to
take information whose communication
cation does not call into question the ends which
are assigned, the regulatory act
creation of the file may provide that this information
may be communicated to the rerequesting by the direct file managerment seized.

No. 45-2019

are for the first time communicated to
third parties or used on behalf of third parties for the purposes of
prospecting and, on the other hand, to see oneself expressly
offer the right to object, free of charge, to said
communication or use.
The provisions of the first paragraph of this article
do not apply when the treatment responds to
a legal obligation.
Section 5: Right of rectification
and deletion
Article 60: Any person concerned who can prove
his identity may require from the person responsible for a
that, as the case may be, rectified, supplemented
ted, updated, locked or deleted on
personal data concerning him, which
are inaccurate, incomplete, ambiguous, out of date,
or whose collection, use, communication
or retention is prohibited.

Section 3: Right to data portability
When the data subject requests it
in writing, whatever the medium, the person in charge
the processing justifies, at no cost to the applicant,
that it has carried out the operations required by virtue of
the previous paragraph within one month after
registration of the request.

Article 56: Everyone concerned has the right
to receive personal data on
concerning that it has provided to a
processing, in a structured format, fluently
used and machine-readable, and has the right to
transmit this data to another person in charge of
processing without the controller
to whom the personal data have been
communicated obstructs it, when:

In the event of a dispute, the burden of proof
is the responsibility of the controller at
from which the right of access is exercised.
If data has been transmitted to a third party, the
sand of the treatment is required to carry out the
useful sources in order to notify him of the operations he has
carried out in accordance with the first paragraph.

- processing is based on consent
in application of article 5 of this law;
- the processing is carried out using methods
automated.
Article 57: When the person concerned exercises
his right to data portability in application
of article 56 above, it has the right to obtain that
personal data is transmitted
directly from a controller to a
other, where technically possible.

The rights open to this section are extinguished.
upon the death of their holder. Anyone can
define guidelines for the conservation,
the erasure and communication of his data to
personal character after his death and designate a
digital trusted third party certified by the
commission. The person can modify or revoke
its guidelines at all times.

The exercise of the right, referred to in article 56 above,
is understood without prejudice to article 60 of this
law. This right does not apply to processing
necessary for the performance of a mission of interest
public or subject to the exercise of public authority
with which the controller is vested.

Article 61: The heirs of a deceased person
proving their identity can, if elements
brought to their attention let them assume
that the personal data concerning him
being treated have not been
updated, require the controller
take the death into consideration and proceed with
updates which must be the consequence.

Article 58: The right referred to in article 56 of this
law does not affect rights and freedoms
of third parties.
Section 4: Right of opposition

When the heirs so request, the manager
the processing justifies, at no cost to the applicant,
that it has carried out the operations required by virtue of
the previous paragraph.

Article 59: When legitimate reasons justify it,
any person concerned can oppose that
his personal data are subject
treatment.

Section 6: Numerical majority

The data subject has the right, on the one hand, to be
informed before data concerning it is

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Article 62: A minor may alone consent to a
processing of personal data in

Official Journal of the Republic of Congo

with regard to the service offering of the
information from the age of sixteen (16) years.

- prevent any unauthorized person
to access premises and equipment
used for data processing;
- prevent data carriers
can be read, copied, modified, destroyed or
moved by an unauthorized person;
- prevent the unauthorized introduction of
any data in the information system
as well as any knowledge, any
unauthorized modification or deletion
recorded data;
- prevent treatment systems
data can be used by people
unauthorized ringing using facilities
data transmission;
- prevent that, when communicating
data and data media transport
born, the data can be read, copied,
modified or deleted in an unauthorized manner;
- save the data by creating
security copies;
- refresh and, if necessary, convert the data
born for sustainable storage.

When the minor is under sixteen (16) years old,
processing is only lawful if consent is
given jointly by the minor concerned and the
or the holders of parental authority with regard to
this minor.
The controller writes in terms
clear and simple, easily understandable by
the minor, information and communications
relating to the processing which concerns him.
Chapter 2: Obligations of the person responsible
treatment
Section 1: The obligation of confidentiality
Article 63: The controller ensures that the processing
personal data is done in all
confidentiality. For this purpose, the processing of these data
is carried out exclusively by people who
act under the authority of the controller
and only on his instructions.
The persons chosen by the person in charge for
the realization of the treatment must all the guarantees
so much technical and legal knowledge that
of moral integrity with regard to the preservation of
data confidentiality. They commit, by
written, to comply with the provisions of this law.

1413

Section 3: Obligation to keep
Article 65: Personal data
cannot be kept beyond the duration
required under Article 7 of this Law that
to be processed for historical, statistical purposes
or scientists.
Section 4: The obligation of sustainability

The contract between the subcontractor and the person responsible for
processing includes the indication of the obligations
incumbent on the subcontractor in terms of protection
data security and confidentiality.
Section 2: The security obligation
Article 64: The controller takes
all the necessary precautions; both at the time of
the determination of the means of treatment that
time of the treatment itself, in view of the
nature of the data and the risks presented by the
processing, in order to maintain data security
and, in particular, to prevent them from being distorted,
damaged, or unauthorized third parties
access.

Article 66: The controller takes all
useful precautions to ensure that the data
of a personal nature processed can be used,
regardless of the technical support used. He makes sure
especially as the evolution of technology does not
will not be an obstacle to this exploitation.
Section 5: The obligation of a register
processing activities
Article 67: Each controller and,
if applicable, the representative of the person responsible for
processing keeps a record of processing activities
carried out under their responsibility.
This register contains all of the following information:

In particular, it takes any measure aimed at:
- the name and contact details of the person responsible for
processing and, where applicable, the controller
spouse of the treatment, the representative of the
controller and delegate
Data protection ;
- the purposes of the processing;
- a description of the categories of people
concerned and the categories of data to be
personal character;
- the categories of recipients to whom the
personal data have been or will be
communicated, including recipients
in third countries or organizations
international;

- ensure that, for the use of a system
automated data processing,
authorized persons cannot access
than personal data relating to
of their competence;
- guarantee that can be verified and noted
the identity of third parties to whom data to
personal character can be transmitted;
- guarantee that can be verified and noted
a posteriori the identity of the people who had
access to the information system and what data
have been read or entered into the system
teme, when and by which person;

Page 1414
12

Official Journal of the Republic of Congo

- where applicable, data transfers to
personal character to a third country or to
an international organization, including
the identification of this third country or this
international organization and, in the case of
transfers referred to in this law;
- as far as possible, the planned deadlines
for the deletion of the different categories of
data;
- where possible, a description
general technical security measures
and organizational referred to in Article 71 of the
this law.
Article 68: Each subcontractor and, where applicable,
the subcontractor's representative keep a register
of all categories of processing activities

No. 45-2019

implementation costs and the nature,
scope, context and purposes of processing as well
only risks, including the degree of responsibility and
severity varies, for the rights and freedoms of individuals
physical, the controller and the sub
processing implement the technical measures
and organizational arrangements to ensure a
level of security appropriate to the risk, including between
others, as needed:
- pseudonymization and encryption of
personal data;
- means to guarantee the confidentiality
tiality, integrity, availability and resilience
processing systems and services;
- means to restore the
availability of personal data

of all categories of processing activities
carried out on behalf of the person responsible for
treatment, comprising:
- the name and contact details of the subprocessors and each person responsible for the
ment on behalf of which the subcontractor
acts as well as, where applicable, the names and
contact details of the manager's representative
processing or subcontractor and those of the
data protection officer;
- the categories of processing carried out for the
account of each controller;
- where applicable, data transfers to
personal character to a third country or to
an international organization, including
the identification of this third country or this
international organization and, in the case
transfers referred to in article 5 of this
law, documents attesting to the existence of
appropriate guarantees;
- where possible, a description
general technical security measures
and organizational referred to in Article 71 of the
this law.
Article 69: The registers referred to in Articles 67 and 68
below are in written form, including
including electronic form.
The controller or processor and, the
if necessary, their representative will put the register
provision of the commission responsible for protection
data, on request.
Section 6: Cooperation
with the commission
Article 70: The controller and the sub
treating as well as, where applicable, their representatives
cooperate with the commission, at the request of the commission
ci in the performance of its missions.
Chapter 3: Data security
personal

availability of personal data
and access to them within appropriate timeframes
in the event of a physical or technical incident;
- a procedure to test, analyze and
regularly assess the effectiveness of measures
technical and organizational to ensure
security of processing.
Article 72: When assessing the security level
appropriate, particular account is taken of the risks
presented by the processing, resulting in particular
destruction, loss, alteration,
unauthorized disclosure of personal data
personnel transmitted, stored or processed
otherwise, or from unauthorized access to such
data, accidentally or unlawfully.
Article 73: The controller and the sub
processors take steps to ensure that
any natural person acting under the authority of the
controller or under that of the subprocessor, who has access to personal data
personal, do not process them, except on instruction
of the controller.
Section 2: From notification to the commission
a personal data breach
Article 74: In the event of a breach of personal data
personnel, the controller shall notify
the violation in question to the commission, in the
as soon as possible and, if possible, seventy-two hours
at the latest after having read it, unless
that the violation in question is not likely
create a risk for rights and freedoms
natural persons. When the notification to
the commission does not take place within seventy-two
hours, it is accompanied by the reasons for the delay.
The processor notifies the controller
any personal data breach in
as soon as possible after having read it.
Article 75: The notification referred to in the first paragraph of
Article 74 above must, at the very least:

Section 1: Security of processing

- describe the nature of the data breach
of a personal nature, including, if possible
sible, the categories and the approximate number

Article 71: Taking into account the state of knowledge,

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Official Journal of the Republic of Congo

tif of persons affected by the violation
and categories and approximate number
personal data records
personnel concerned;
- communicate the name and contact details of the
data protection officer or a
another point of contact with which
additional training may be
obtained;
- describe the likely consequences of
personal data breach;
- describe the measures taken or that the
controller offers to take
to remedy the data breach at
personal character, including, where applicable,
measures to mitigate any
Negative consequences.

1415

the high risk to the rights and freedoms of
data subjects referred to in the first subparagraph
is no longer likely to materialize;
- it would require disproportionate efforts. In
in this case, it is rather a communication
public or similar measure perenabling those concerned to be informed
equally effectively.
If the controller has not already
communicated the violation to the person concerned
of personal data concerning him, the
commission may, after considering whether this violation
of personal data is likely
create a high risk, require the person in charge of
treatment that it carries out to this communication or
decide that one or other of the conditions referred to in
third paragraph is fulfilled.

If, and insofar as it is not possible to
provide all the information at the same time,
information can be communicated in a
staggered without further undue delay.

Section 4: Relative impact analysis
data protection and
prior consultation

Article 76: The controller documents
any breach of personal data, in particular
indicating the facts about the data breach
of a personal nature, its effects and the measures taken
to remedy. The documentation thus constituted
allows the commission to verify compliance with
provisions of this law.

Article 79: When a type of processing, in particular
through the use of new technologies, and
given the nature, scope, context and
purposes of the processing, is likely to generate a
high risk to human rights and freedoms
physical, the controller performs,
before treatment, an analysis of the impact of
processing operations envisaged on the protection
personal data. One and the same
analysis can relate to a set of operations
similar treatments that present risks
high similar.

Section 3: From communication to the person
affected by a data breach
personal
Article 77: When a data breach at
personal character is likely to generate a
high risk to a person's rights and freedoms
physical, the controller communicates
personal data breach at the
person concerned as soon as possible.

When carrying out an impact assessment relating to
data protection, the controller
seek advice from the delegate for the protection of
data, if such a delegate has been appointed.

Communication to the affected person concerned
in the first paragraph of this article describes, in
clear and simple terms, the nature of the violation
personal data and contains at least
the information and measures referred to in Article 75 of the
this law.

Article 80: The impact assessment relating to the protection of
data referred to in the first paragraph of article 79 above
is, in particular, required in the following cases:
- systematic and in-depth evaluation
personal aspects concerning people
physical, which is based on a
automated process, including profiling, and
the basis of which decisions are made
producing legal effects with regard to a
natural person or affecting them in a way
similarly significant;
- large-scale processing of categories
particular data referred to in Article 14,
or personal data relating to
to criminal convictions and offenses
tions referred to in article 16 of this law;
- or systematic surveillance at large
scale of an area accessible to the public.

Article 78: Communication to the person concerned
referred to in the first paragraph of the preceding article is not
necessary if any of the following conditions
is met:
- the controller has implemented
technical protection measures and
appropriate organizational measures and these
have been applied to personal data
personnel affected by the said violation,
especially the metrics that make the data
of a personal nature incomprehensible to
anyone who is not authorized to y
have access, such as encryption;
- the controller has taken
subsequent measures that ensure that

Page 1416
14

Article 81: The commission establishes and publishes a list
the types of processing operations for which
an impact assessment relating to the protection of
data is required in accordance with Article 79 of the
this law.

Official Journal of the Republic of Congo

The commission 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.
Article 82: The controller consults the
commission prior to processing when a
data protection impact assessment
carried out under article 79 of this law
indicates that the treatment would present a high risk
if the controller did not take
measures to mitigate the risk.
When the committee is of the opinion that the processing
envisaged referred to in the first subparagraph would constitute a
violation of this law, in particular when
the controller does not have enough
identified or mitigated the risk, the commission provides
in writing, within a maximum of eight weeks from
from the receipt of the consultation request,
a written notice to the controller and,
if applicable, to the subcontractor, and may make use of
of its powers. This period may be extended by six
weeks, depending on the complexity of the treatment
considered. The committee informs the person in charge of
processing and, where applicable, the subcontractor of the
extension of the deadline and the reasons for the delay,
within one month of receipt of
the consultation request. These deadlines can be
suspended until the commission has obtained
the information she requested for the needs
consultation.
When the controller consults the
commission under the first paragraph, he
communicated :
- where applicable, the respective responsibilities
of the data controller, of those responsible
spouses and subcontractors participating in the
treatment in particular for treatment with
within a group of companies;
- the purposes and means of the processing
considered;
- the measures and guarantees provided in order to
protect the rights and freedoms of individuals
concerned under this law;
- where applicable, the contact details of the delegate
data protection;
- the impact assessment relating to the protection of
data provided for in article 62 of this
law ; and
- any other information than the commission
request.
Chapter 4: Delegates for protection
Datas

No. 45-2019

public or a public body, except
courts acting in the exercise of
their judicial function;
- the basic activities of the person in charge of
treatment or subcontractor consist of
processing operations which, by virtue of their
nature, scope and / or purposes,
require regular and systematic monitoring
large scale of people involved;
- or the basic activities of the person in charge of
treatment or subcontractor consist of
large-scale processing of categories
particular data referred to in Article 14 and
personal data relating to
criminal convictions and offenses
referred to in article 16 of this law.
A group of companies can appoint a single delegate
to data protection provided that a delegate
data protection is easily reachable at
from each place of establishment.
Article 84: When the controller
or the subcontractor is a public authority or a
public body, a single delegate for the protection of
data can be designated for several authorities or
bodies of this type, given their structure
organizational structure and size.
In cases other than those referred to in the first paragraph
under Article 83, the controller or the
subcontractor or associations and other organizations
representative of categories of persons responsible for trafficking
ment or subcontractors are required to appoint a
data protection officer. The delegate to the
data protection can act for these associations
and other bodies representing those responsible for
processing or subcontractors.
Article 85: The data protection officer is
appointed on the basis of his professional qualities
and, in particular, his specialized knowledge
of the law and practices relating to the protection of
data, and its ability to accomplish the missions
referred to in article 90 of this law.
The data protection officer can be a
staff member of the controller
or the subcontractor, or performs its duties on the
basis of a service contract.
Article 86: The controller and the sub
processing publish the contact details of the delegate
data protection and communicate them to the
commission.
Section 2: The function of the delegate
to data protection

Section 1: Designation of the delegate
to data protection

Article 87: The controller and the sub
processing ensure that the protection officer
data is associated, in an appropriate manner
and in good time, to all questions relating to the
protection of personal data.

Article 83: The controller and the sub
in any event designate a delegate to
data protection when:
- the processing is carried out by an authority

They help the data protection officer to

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Official Journal of the Republic of Congo

perform the tasks referred to in article 90 of this
law by providing the necessary resources to
perform these missions, as well as access to data to
personal character and processing operations,
and allowing him to maintain his knowledge
specialized.

1417

Article 91: The data protection officer
take due account, in the performance of
its missions, the risk associated with
treatment taking into account the nature, scope,
context and purposes of the processing.
TITLE IV: SANCTIONS

The controller and the processor
ensure that the data protection officer
does not receive any instruction in the exercise of his
missions.

Chapter 1: Administrative sanctions
Article 92: The commission can pronounce the measures
following:

The data protection officer cannot be
relieved of his duties or penalized by the manager
of the processing or the subcontractor for the exercise of its
missions. It reports directly to the most
senior management of the controller or
of the subcontractor.
Article 88: The persons concerned may take
contact with the data protection officer at
subject of all matters relating to treatment
of their personal data and to exercise
of the rights conferred on them by this law.

- a warning to the person responsible for
processing that does not comply with the obligations
arising from this law;
- a formal notice to stop the
breaches concerned within the time limit
fixed.
Article 93: If the data controller does not
not form the formal notice sent to him,
the commission can pronounce against it, after
adversarial procedure, the following sanctions:
- a temporary withdrawal of the authorization granted
or a temporary ban on treatment
which cannot exceed a period of three months;
- a definitive withdrawal of the authorization or a
definitive ban on processing;
- an injunction to stop treatment, when
this falls under the declaration system or
benefits from exemptions from formalities
in articles 32 and 33 of this law;
- a financial fine of one million
(1,000,000) to one hundred million (100,000,000)
CFA francs.

Article 89: The data protection officer is
subject to professional secrecy or to an obligation
confidentiality with regard to the exercise of its
missions.
He can perform other missions and tasks. The
controller or processor ensure
that these missions and tasks do not lead to
conflict of interest.
Section 3: Missions of the delegate
to data protection

The recovery of penalties is carried out in accordance with
to the legislation relating to debt collection
of the state.

Article 90: Missions of the protection officer
data is at least the following:
- inform and advise the person in charge of
treatment or subcontractor as well as
employees who perform treatment on
their obligations under the
this law;
- ensure compliance with this law and the rules
internal control of the controller or
subcontractor for the protection of
personal data, including
which concerns the distribution of responsibilities,
staff awareness and training
participating in processing operations, and
the related audits;
- provide advice, on request, in
which concerns the impact assessment relating to
data protection and check execution
of the latter under this Act;
- cooperate with the commission;
- act as a point of contact for
committee on questions relating to
treatment, including prior consultation
referred to in article 82 of this law, and carry out
consultations, where appropriate, on any
other subject.

Page 1418
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Article 94: In case of emergency, when the implementation
vre of the processing or exploitation of data to
personal act entails a violation of rights and
freedoms, the commission, after contradicroof, can decide:
- the interruption of the implementation of the treatment
for a maximum period of three months;
- blocking of certain personal data
staff treated for a maximum of
three months;
- the temporary or definitive prohibition of a
treatment contrary to the provisions of
this law.
If the processing has been authorized by regulatory act
under the conditions defined in article 40 of this
law, the commission informs the Government so that it
take, where appropriate, measures to
put an end to the violation found. The government
then informs the commission of the follow-up
given to this information no later than fifteen days
after receiving it.

Official Journal of the Republic of Congo

Article 95: Sanctions pronounced by the commission
are based on a report drawn up by one
of its members appointed by the president of the said
commission. This report is notified to the person in charge of
treatment, who can submit observations and
to be represented or assisted.

No. 45-2019

The Minister of Justice and Human Rights
and the promotion of indigenous peoples,
Aimé Ange Wilfrid BININGA
Minister of Posts, Telecommunications
and the digital economy,

Article 96: The sanctions pronounced by the
mission can be made public, upon decision
Zion of the chairman of the committee. It can also
order, at the expense of the sanctioned persons,
the inclusion of these sanctions in publications,
newspapers and media it designates.

Léon Juste IBOMBO
The Minister of the Interior and Decentralization,
Raymond Zéphirin MBOULOU

Article 97: Sanctions and decisions taken by the
commission are subject to appeal before the
Supreme Court.

The Minister of State, Minister of the Economy,
industry and the public portfolio,
Gilbert ONDONGO

Chapter 2: Criminal sanctions

The Minister of Finance and Budget,

Article 98: Breaches of the provisions of
this law are provided for and repressed by the code
criminal law as well as by the law on the fight against
cybercriminality.

Callixte NGANONGO

TITLE V: TRANSITIONAL PROVISIONS
AND FINALS

- DECREE AND ORDERS -

Article 99: As a transitional measure, the processing of
data processed on behalf of the State, a
public institution, an administrative entity
decentralized or a legal person governed by private law
managing a public service and already created, are not subject to
than a declaration to the commission in
the conditions provided for in Articles 33 to 36 of the
this law.

SPECIAL TEXTS
MINISTRY OF THE PUBLIC SERVICE,
THE REFORM OF THE STATE, OF WORK
AND SOCIAL SECURITY
NOMINATION
Order n ° 20857 of November 4, 2019 . Are
appointed members of the prefiguration unit of the
universal health insurance fund, people
whose names, surnames and qualifications follow:

Article 100: From the date of entry into force
of this law, all data processing
must meet the requirements thereof, in
the following deadlines:
- two years for data processing
operated on behalf of the State, a
public institution, a local authority
or a legal person governed by private law managing
a public service;
- one year for data processing at
personal character carried out on behalf of
people other than those subject to
provisions of the previous paragraph.

M. NKUIKIDI ( Simon ): health insurance;
Mr. MBOU ESSIE ( Darius Eryx ): health sciences;
M. NDOLO ( Parfait Fortuné ): information systems;
Mrs GOUADI BOUZIMBOU KOUSSIAMA : lawyer;
M. OKINGA ( Colbert ): finance and logistics.
Interested parties will be remunerated in accordance with
texts in force.
MINISTRY OF THE INTERIOR
AND DECENTRALIZATION

Article 101: This law will be published in the Journal
official of the Republic of the Congo and executed as
state law.

MERGER DECISION

Done in Brazzaville, October 10, 2019
By the President of the Republic,

Order n ° 20613 of October 31, 2019
ratifying the decision to merge by absorption, of the party
policy called Union of Democratic Forces "
UFD "with the Congolese Labor Party" PCT "

Denis SASSOU-N'GUESSO

The Minister of the Interior and
decentralization,

The Prime Minister, Head of Government,

Having regard to the Constitution;
Considering the law n ° 20-2017 of May 12, 2017 on the law

Clement MOUAMBA

Page From
17Thursday 7 November 2019

Official Journal of the Republic of Congo

1419

organic relating to the conditions of creation,
existence and the terms of financing

NON-OFFICIAL PART

political parties ;
Considering the decree n ° 2017-373 of August 22, 2017 on

- ADVERTISEMENT -

appointment of members of the Government;
Considering the decree n ° 2017-404 of October 10, 2017 relating

A - LEGAL ANNOUNCEMENT

the powers of the Minister of the Interior and
decentralization;

Master study
Hortense MVINZOU LEMBA

Considering the decree n ° 2018-84 of March 5, 2018 on
organization of the Ministry of the Interior and

Notary
Phone: 05 551-36-01 / 06 650-53-28

decentralization;
Given the record of the 5 th Extraordinary Session of

Brazzaville, Republic of Congo

Political Bureau of the Union of Democratic Forces
“UFD” of October 23, 2019,

INCREASE OF SHARE CAPITAL
UPDATE OF THE STATUTES

Stopped :
"Africa Oil & Gaz Corporation", in acronym "AOGC"
Article 1: The merger decision is ratified

Public limited company with board of directors
Share capital: 11,900,000,000 CFA francs

by absorption of the political party called: Union des
Democratic Forces "UFD" with the Congolese Party

Headquarters: rue Mbochis, level crossing PotoPoto (former medico-social center)

of Labor "PCT".

BP: 15073, Brazzaville, Republic of Congo
Article 2: Merger by absorption of the political party
Union of Democratic Forces "UFD" with the Party
Congolais du Travail "PCT" results in the cancellation of the
receipt n ° 395/91 / MID / DGAT / DOR / SAG of 20
December 1991 and consequently, the dissolution
of the Union of Democratic Forces "UFD".

According to the deed received by Master Hortense MVINZOU
LEMBA, notary in the residence of Brazzaville, the
twenty-five of May two thousand and eighteen bearing trialverbal of the deliberations of the combined general meeting
of May 3, two thousand eighteen from the company Africa Oil
& Corporation, abbreviated as "AOGC" SA, duly

Article 3: The modalities of devolution of property
having belonged to the Union of Democratic Forces
"UFD" are those provided for by the statutes of said party
policy in effect on the day of the merger.

registered with the domains and stamps of the Plain,
dated the twenty-fifth of may two thousand eighteen, folio
n ° 089/7 n ° 0893 Plaine, Brazzaville, it was decided to
increase in share capital by incorporating
reserves and profits amounting to eleven billion
nine hundred million (11,900,000,000) CFA francs,

Article 4: This decree will be registered and published
in the Official Journal of the Republic of Congo.

to bring it to twelve billion (12,000,000,000)
CFA francs.

Done in Brazzaville, October 31, 2019
As a result of the changes made, the
Raymon Zéphirin MBOULOU

Articles of Association of Africa Oil & Gaz Corporation have
been updated.

MINISTRY OF FOREIGN AFFAIRS,
OF COOPERATION AND THE CONGOLESE
FROM ABROAD

RCCM CG / BZV / 10 B 2401.
The notary

NOMINATION
Decree n ° 2019 - 318 of November 4, 2019 .

B - DECLARATION OF ASSOCIATIONS

Mr. MOKIEMO ( Jean Félix ), Minister of 2 nd
class, is appointed and assigned to the embassy of the

Creation

Republic of Congo in Paris (French Republic),
as Minister Counselor, replacing

Department of Brazzaville

Mr. MALOUKOU ( Paul ).
Year 2019
Mr. MOKIEMO ( Jean Félix ) will receive the
remuneration and allowances provided for by law

Receipt n ° 197 of June 28, 2019 .
Declaration to the prefecture of the department of

in force.
This decree takes effect from June 18
2019, effective date on which the person concerned takes office.

Page 1420
18

of a social nature . Purpose : to bring together employees

Official Journal of the Republic of Congo

active or retired MUCODEC; consolidate
links of solidarity between mutualists; promote

No. 45-2019

group or personal projects through the system
crowdfunding. Headquarters : 610, avenue
Nganga Antoine, district 1 Makélékélé, Brazzaville.
Date of declaration: October 16, 2019.

mutual aid and assistance between members. Seat
social : boulevard Denis Sassou-N'guesso, building
of the MUCODEC federation, district 3
Poto-Poto, Brazzaville. Declaration date: April 15
2019.
Receipt n ° 293 of the 1st
October 2019 .
Declaration to the prefecture of the department of
Brazzaville of the association called: '' MONINGA
MALAMU MINISTRY '' acronym '' M . M . M ''. Association
of a socio-educational and economic nature, Subject :
promote social, cultural and
educational programs for children; help the children
orphans and destitute by taking charge of their
health and nutrition; foster development
children's staff as well as their integration into
the society ; provide Bible training and promote
community volunteering. Headquarters : 1586, rue
Dongou, district 5 Ouenzé, Brazzaville. Dated
of declaration: September 10, 2019.
Receipt n ° 317 of November 5, 2019 .
Declaration to the prefecture of the department of
Brazzaville of the association called: '' RESEAU
ENTREPRENEURIAL SOLIDARITY '', in acronym
'' R . S . E '' Socioeconomic association.
Purpose : to assist members in the development of
their activities ; train entrepreneurs and porters
project leaders on business management; finance the

Brazzaville of the association called: '' MUTUELLE
FRIENDS MUCODEC '' acronym '' M . A . M ''. Association

Receipt n ° 036 of October 25, 2019 .
Declaration to the Ministry of the Interior and Decentralisation of the association called: '' SOURCE CHURCH
SPIRITUAL AND SOCIAL FROM PENTECOST TO
CONGO ”, in acronym“ ESSSPC . '' . Association with character
cult. Purpose : to save souls by announcing the good
news of Jesus Christ. Headquarters : 1, rue François
Zaketé, CQ Mvoungou 1, district 3 Tsié-Tsié,
Black Point. Date of declaration: August 7, 2018.

Year 2018
Receipt n ° 016 of March 5, 2018 . Declaration
at the Ministry of the Interior and Decentralization
of the association called: " EGLISE LA GRANDE
MISSION OF JESUS ​CHRIST ”. Association with
religious character . Purpose : to plant churches on
the whole of the national territory and in the world
whole; preach and propagate the gospel of Christ in
Congo and around the world; work for unity
Christian churches in our country in particular
and in the world in general. Headquarters : district
Tchimbamba Aviation, rue Goma Tchimbamba,
district 1 Emery Patrice Lumumba. Date of
the declaration: January 14, 2015.

Page 20
19

Printed in the workshops
of the printing house of the Official Journal
BP: 2087 Brazzaville

