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Togo
Electronic transactions
Law n ° 2017-07 of June 22, 2017

[ NB - Law n ° 2017-07 of June 22, 2017 relating to electronic transactions ]

Title 1 - General provisions

Chapter 1 - Object and scope

Art.1 .- This law sets the general rules governing any electronic transaction,
any transaction of any kind, taking the form of a message
electronic.
Art.2 .- This law applies to electronic transactions and services by
electronics, including:
• electronic services which give rise to the conclusion of contracts for
procure goods or a service which provides information,
advertisements or tools allowing search, access and retrieval
data or which consist in transmitting data through a network of
electronic communication, to provide access to such a network or to ensure the
data storage even when these services are not remunerated by those who
receive them;
• the dematerialization of administrative procedures.
The provisions of this law apply without prejudice to the rules on
protection of personal data and derogatory or special regimes
applicable to credit institutions and financial services, in particular in
electronic evidence.
Electronic transactions or services also remain subject to the provisions
not contrary applicable in commercial and civil matters, in particular acts
uniforms of the Organization for the Harmonization in Africa of Business Law
(OHADA) and the Civil Code.

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Art.3 .- Do not fall within the scope of this law, the areas
following:
• gambling, even in the form of betting or lotteries;
• legal representation and assistance activities;
• the activities carried out by notaries in application of the texts in force, in the
conditions specified by regulation.

Chapter 2 - Definitions

Art.4 .- For the purposes of this law, the following terms are understood to mean:
Electronic certificate: Electronic document attesting to the link between
electronic signature verification and a signer;
Qualified electronic certificate: Electronic certificate which, in addition to its quality of
document in electronic form attesting to the link between the verification data
electronic signature and a signatory, furthermore meets the requirements defined by the
this law and its implementing texts;
Encryption: Technique of transforming digital data into a format
unintelligible by employing means of encryption;
Electronic commerce: Commercial activity carried out as a main habitual or
accessory, by which a person carries out or ensures by electronic means the
supply of goods, services and information or data in electronic form,
even if they are not remunerated by those who receive them; is also considered
as electronic commerce, any service consisting in providing information by
online, commercial communications, search, access or
data recovery, access to a communication or hosting network
information, even if it is not remunerated by those who receive it;
Communication to the public by electronic means: Any made available to the public
or categories of public, by an electronic communication process or
magnetic, signs, signals, writings, images, sounds or messages of any
nature which does not have the character of private correspondence;
Consumer: Any natural or legal person who benefits from the services of
services or uses the trade products to meet own needs and those
dependents;
Electronic mail: Any message, in the form of text, voice, sound or image,
sent by means of a public communication network, stored on any server or in
the terminal equipment of the recipient, until the latter retrieves it;

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Encryption: Use of Codes or signals allowing the conversion of information to
transmit in incomprehensible signals to third parties or the use of Codes and
signals;
Cryptology: Science relating to the protection and security of information in particular
for confidentiality, authentication, integrity and non-repudiation;
Recipient: Person to whom an electronic message from a
issuer, with the exception of the person who acts as an intermediary for this
message;
Recipient of goods or services: Any natural or legal person who, for the purposes of
professional or not, uses electronic communication methods
to acquire goods or to procure services from suppliers of
goods or services, in particular to search for information or to provide it
accessible;
Electronic signature creation device: Any hardware or software intended for
set up electronic signature creation data;
Electronic signature verification device: Any hardware or software intended for
enforce electronic signature verification data;
Secure device for creating an electronic signature: Device for creating
electronic signature that meets the requirements defined by this law;
Electronic document: Set of data recorded or stored on
any medium whatsoever by a computer system or similar device and
which can be read or perceived by a person or by such a system or device.
Also affected are any display and any printed or other output of this data;
Personal data: Any information relating to a natural person
identified or identifiable directly or indirectly, by reference to a number
identification or one or more elements specific to their physical identity,
physiological, genetic, psychological, cultural, social or economic;
Electronic signature creation data: Elements specific to the signatory, such as
public cryptographic keys, used to create the electronic signature;
Electronic signature verification data: Items, such as keys
public cryptographic, used to verify electronic signature;
Electronic Data Interchange (EDI): Electronic transfer of information from
terminal to terminal implementing an agreed standard to structure
information. In this context, the terminal acts as an electronic agent of
initiator ;
Electronic exchanges: Exchanges which take place by means of documents
electronic;

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Written: Any series of letters, characters, numbers, figures or any other
signs or symbols which have an intelligible meaning, whatever their medium and
their transmission methods;
Sender: Person by whom, or on whose behalf, the electronic message is
deemed to have been sent or created before being stored, except for the person
who acts as an intermediary for this message;
Timestamp: Mechanism consisting in affixing to any type of digital file a
legally binding time and date in the form of an electronic seal;
Information: Any element of knowledge which may in particular take the written form,
visual, sound or digital, capable of being represented using conventions
to be used, stored, processed or communicated;
Integrity of a document: No modification of the content of a document, under
reserves modifications relating to its medium or its electronic format;
Electronic message: Information received, sent, sent or stored by
electronic or similar means, in particular Electronic Data Interchange
(EDI), electronic mail, telegraph, telex and facsimile;
Electronic means of payment: A means which allows its holder to make
remote payment transactions through telecommunications networks;
Electronic payment order: Order to transfer money or execute an
payment sent by electronic message;
Service provider: Any natural or legal person using the technologies
information and communication, including Internet protocols, which
the disposal of natural or legal persons, public or private, of property and
services ;
Certification service provider: Service provider that issues a certificate
electronic;
Accredited certification service provider: Certification service provider
having received authorization from the certification authority for a specific purpose;
Safety procedure: Procedure for the purposes of:
• verify that an electronic message or electronic signature is that of a
specific person;
• detect any error or alteration in the communication of the content or the
memory of an electronic message for a specified period of time, which
requires the use of algorithms or Codes, names or identifying numbers,
encryption, return response or acknowledgment procedures or other
similar security features of a repository for preservation;

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Computer program: A set of instructions, expressed in the form of words,
Codes, diagrams or any other form, capable, when inserted into a carrier
machine-readable, to have the computer perform a particular task, or
to provide a particular result;
Direct prospecting: Any solicitation made by sending a message, which
regardless of the medium or the nature, in particular commercial, political or charitable,
intended to promote, directly or indirectly, goods, services or the image
a person selling goods or providing services;
Advertising: Any form of communication intended to promote, directly or
indirectly goods, services, or the image of a company, an organization or
a person having a commercial, industrial, craft activity or exercising a
regulated profession, except:
• information allowing direct access to the activity of the company,
organization or person, in particular a domain name or a
email ;
• communications and / or message content developed in a manner
independent, in particular when they are provided without financial compensation.
Electronic archiving service: Any service whose main purpose is the conservation
electronic data;
Electronic certification service: Any service consisting in issuing certificates
electronic or to provide other electronic signature services;
Online public communication service: Any data transmission
digital data not having a private correspondence character, by a method of
electronic communication using the Internet network allowing an exchange
reciprocal or not of information between the transmitter and the receiver;
Electronic registered mail service: Any data transmission service
electronic documents aimed at providing proof of the reality and the date of their dispatch and,
where applicable, their receipt by the recipient of the data;
Electronic time stamping service: Any service aimed at dating sets of
electronic data;
Financial service: Any service relating to banking, credit, insurance,
individual withdrawals, investments and payments;
Signatory: Person who holds the data relating to the creation of a signature or the
signature creation device and which acts either for its own account or for
that of the person it represents;
Electronic signature: Any data in electronic form resulting from the use
a reliable identification process which serves as an identification process guaranteeing its
link with the act to which it is attached;

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Open standard: Any communication, interconnection or exchange protocol and
any interoperable data format whose technical specifications are
public and unrestricted access or implementation;
Electronic archiving system: Set of technical procedures and
methodologies for keeping electronic data;
Information system: System used to create, send, receive, store or
otherwise process digital data messages;
Coordinated Universal Time: Time scale maintained by the International Bureau of
weights and measures;
Electronic means: Channel through which data is sent originally and received at
destination by means of electronic equipment for processing and storing
data and fully retransmitted, routed and received by wire, radio,
optical or other electromagnetic means including compression
digital.

Chapter 3 - Writing in electronic format

Section 1 - Validity and probative force of an electronic message
Art.5 .- Unless otherwise provided by law, no one may be forced to enter into a
legal act by electronic means.
Consent to send or receive communications electronically is
on purpose. Otherwise, a person's consent can be inferred from their behavior
detailed and unequivocal.
Art.6 .- No information may be deprived of its legal effects, validity or
of its probative value solely because it is in the form of an electronic message.
In any legal procedure, the probative value of an electronic message cannot be
denied:
• on the grounds that it is an electronic message;
• on the grounds that the message is not in its original form, if it is the best
proof that the one presenting it can reasonably obtain.
The probative value of an electronic message is assessed having regard to the reliability of the mode
creation, conservation or communication of the message, as well as the reliability of the
way of preserving all the information.
The writing in electronic form is admitted in evidence in the same way as the writing on
paper support and has the same probative value as it, provided that can be
duly identified the person from whom it emanates and that it is established and kept in
conditions such as to guarantee its integrity.

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The copy or any other reproduction of an act made electronically has the same force
proof that the writing itself, when it is certified as true by
approved by the certification authority. The certification gives rise, where appropriate, to the
issuance of a certificate of conformity.
Art.7 .- When a legal or regulatory provision provides for a formal requirement
particular to conclude a private legal act for the purposes of validity, proof,
publicity, protection or information, this requirement can be satisfied by
electronic under the assumptions and under the conditions provided for by the "equivalent
functional ”in the following provisions of this chapter.
Art.8 .- An exception is made, under conditions which will be specified by way of
regulatory, with the provisions of article 7 of this law for:
• private deeds relating to family and inheritance law;
• deeds under private signature relating to personal or real securities, of a
civil or commercial, unless they have gone through a person for the needs of their
profession;
• acts which create or transfer real rights in real property;
• legal acts for which the law requires the intervention of the courts;
• legal proceedings including criminal proceedings, but without prejudice to
rules specific to civil procedure.
Art.9 .- When a writing is required for the validity of a legal act, a message
electronic system meets this requirement if the information it contains is accessible for
be consulted whenever necessary.
Art.10 .- When the law requires that information be presented or kept under its
original form, an electronic message satisfies this requirement:
• whether there is a reliable guarantee as to the integrity of the information from the
when it was first created in its final form as a
electronic or other message;
• whether this information is accessible at any time whenever it is requested.
In the event that it is required a written statement by the hand of the person who
undertakes, the latter may affix it in electronic form if the conditions of this
affixing are such as to ensure that it can only be done by itself.
When the one who obliges himself electronically does not know or cannot write, he must be
be assisted by two witnesses who certify, in the document, his identity and his presence and
further attest that the nature and effects of the act have been specified to it. The presence
witnesses exempts those who electronically oblige themselves from the fulfillment of
formalities provided for in the previous paragraph.
Art.11 .- A simple letter relating to the execution of a contract may be sent by
e-mail if the contract allows it.
When the affixing of a date is required, this formality is satisfied by the use of
an electronic time-stamping process, the reliability of which is presumed, until proven

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opposite. A registered letter can be sent electronically provided
that this mail be forwarded by a third party, according to a process allowing the identification of the
third party, to designate the sender, to guarantee the identity of the addressee and to establish whether the
letter has been delivered or not to the addressee.
Art.12 .- The electronically signed message on the basis of an electronic certificate
complies with legal and regulatory provisions and for which the time and date are
certified by the trusted provider, constitutes registered mail.
Art.13 .- The express or tacit requirement of a signature is satisfied under the conditions
provided for in article 81 of this law.
Art.14 .- The requirement of sending in several copies is deemed to be met in the form
electronic if the writing can be printed by the recipient.
Art.15 .- When the law requires that documents, messages or information be
retained, this requirement is satisfied by the electronic message under conditions
defined by regulation.
Art.16 .- An exception is made, under conditions defined by regulation, to
provisions of the previous article for:
• private deeds relating to family and inheritance law;
• deeds under private signature relating to personal or real securities, of a
civil or commercial, unless they have gone through a person for the needs of their
profession.
Art.17 .- The delivery of a written document in electronic form is effective when the
recipient, after having read it, has acknowledged receipt under the conditions
provided for in Article 20.
If there is a provision that the writing must be read to the addressee, the delivery of a writing
electronic to the interested party is worth reading under the conditions provided for in the first paragraph of
this article.

Section 2 - Communication of electronic messages
Art.18 .- An electronic message is attributable to the sender when it was sent
through :
• himself;
• a person authorized to act for this purpose on behalf of the shipper; or,
• an information system programmed by the sender or on his behalf to
operate automatically.
The recipient of an electronic message considers it to be from the sender when:
• an agreed procedure has been correctly applied to recognize the message
from the sender;

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• the electronic message comes from a person who, by virtue of his or her relationship with
the sender, or an agent thereof, has had access to a method that the sender uses
to identify as its own, e-mail messages.
An email message loses its value when:
• the receiver has been advised by the sender that the e-mail message was not the
his;
• the recipient knew, or had the means to know that the electronic message
does not come from the sender.
The recipient is required to treat each e-mail message as new.
received and act accordingly, unless he or she knows or could have known that it is a
duplicate of the same message.
Art.19 .- The sender may ask the addressee for an acknowledgment of receipt.
If the sender has not unequivocally agreed with the addressee that the accused
receipt will be given in a particular form or method, the receipt
can be accused by:
• any communication, automated or not;
• any act of the addressee sufficient to indicate to the sender that the message
electronic has been received.
When the sender has declared that, the effect of the electronic message is contingent on the
receipt of an acknowledgment of receipt, the electronic message is deemed not to have been
sent until acknowledgment has been received.
When the sender has not declared that the effect of the e-mail message was
subject to receipt of an acknowledgment of receipt and has not received an acknowledgment of
receipt within the time fixed or agreed or, within a reasonable time when no time
has not been fixed or agreed, the sender may advise the addressee that no acknowledgment of
receipt has been received and set a reasonable period within which the acknowledgment of receipt is
sent.
If the acknowledgment of receipt has not been received within the last period set in the previous paragraph, the
recipient may consider that the electronic message was not sent or exercise
any other rights he may have.
When the sender receives the acknowledgment of receipt from the recipient, the message
electronic mail in question is deemed to have been received by the recipient. This presumption
does not imply that the email message matches the received message.
When the acknowledgment of receipt indicates that the e-mail in question is
in accordance with the technical conditions, either agreed or fixed in the standards
applicable, these conditions are presumed to be met.

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Art.20 .- Unless otherwise agreed between the sender and the recipient of a message
electronic, the sending of an electronic message is deemed to have been made when
the message enters the information system which does not depend on the sender.
Art.21 .- In the event of a change or error in the transmission of a message
electronic, if the sender and receiver have consented to use a
e-mail security and one of them complied with the
procedure, the person having complied with them cannot be held responsible for the effect or
error in a corrupt or bogus email message.
Neither party, whether sender or recipient of a message
electronic, cannot be held responsible for the effect of the electronic message if
the error was made by the person dealing with the electronic agent of another
person and if the electronic agent did not provide an opportunity to correct the error. The
person who notices the error must:
• promptly notify the other and inform them that they are not supposed to respond
said message;
• take reasonable measures, in accordance with the instructions of the other
person, in particular, return the erroneous message received to the other person or the
destroy.
Art.22 .- Notwithstanding any provision to the contrary, the written document in electronic form is
accepted for invoicing in the same way as writing on paper, provided that
the authenticity of the origin of the data it contains and the integrity of their content are
guarantees.

Title 2 - Electronic commerce and electronic advertising

Chapter 1 - Electronic commerce

Section 1 - The extent of the freedom of electronic commerce
Art.23 .- The activity of electronic commerce is exercised freely in the territory
national to the exclusion of the areas mentioned in article 3 of this law.
The activity entering the field of electronic commerce is subject to the law of
the State in whose territory the person exercising it is established.
A person is considered to be established in Togo within the meaning of this article.
when it has settled there in a stable and durable manner to effectively exercise
his activity.
This article may not have the effect of:
• deprive a consumer having his habitual residence in the national territory, of the
protection guaranteed by the mandatory provisions of Togolese law on
contractual obligations and consumer protection. Within the meaning of

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this article, these provisions include the provisions applicable to
elements of the contract, including those defining consumer rights, which
have a decisive influence on the decision to contract;
• derogate from the mandatory formal rules provided for by Togolese law for
contracts creating or transferring rights to real estate located on the
National territory ;
• derogate from the conditions of establishment and practice in the field of insurance,
provided for by relevant international and national instruments;
• waive the prohibition or authorization of unsolicited advertising sent by
email ;
• derogate from the Customs Code;
• derogate from the General Tax Code;
• infringe the rights protected by laws and regulations relating to property
intellectual;
• violate other legal and regulatory provisions in force in
Togolese Republic which are applicable to the activity concerned.

Section 2 - Consumer protection
Art.24 .- Without prejudice to the information obligations provided for by legislative texts and
regulations in force, any person who carries out the commercial activity
electronic system is required to provide users with easy, direct and permanent access to
information concerning him as defined by regulation.
Art.25 .- A derogation from the provisions of the previous article is made when the contract
is concluded exclusively electronically using mobile telephony. In this
case, the supplier of the goods or services provides the recipient with a shortlist
information defined by regulation.
Art.26 .- When the contract is concluded exclusively by electronic means using the
mobile telephony, the information contained in the offer is provided before the
recipient of the service or good places the order, electronically and
clearly understandable and unambiguous way.
Art.27 The supplier offers the consumer the possibility of:
• definitively recap all of their choices and confirm the order;
• correct the mistakes ;
• withdraw from the transaction, before placing any order.
If a supplier does not comply with the aforementioned provisions, the consumer can
cancel the transaction within fifteen days of receipt of the
products or services that are the subject of the transaction.
In case the transaction is canceled:
• the consumer returns the products to the supplier and, where applicable, ceases
to use the services provided;

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• the supplier reimburses all payments received from the consumer after deduction
direct costs of re-shipping the goods.
Art.28 .- The supplier uses a secure payment system with regard to the standards
technologies prevailing at the time of the transaction and adapted to the type of transaction.
The supplier remains responsible towards the consumer, notwithstanding any clause
contrary, from any damage caused to it by the operating conditions and

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protection of the payment system.
Art.29 .- The supplier executes the order within thirty days of the date on
which he received the order, unless the parties agree otherwise.
If the supplier has not fulfilled the order within thirty days or within the
agreed, the consumer may, after expiry of this period, cancel the contract
with seven days written notice.
If the supplier is unable to comply with the terms of the agreement on the grounds that the
products or services ordered are unavailable, the supplier informs
immediately the consumer and offers to reimburse any payment made by
the consumer within thirty days of the date of this notification.
Art.30 .- Any clause of a contract which disregards the provisions of this law is
deemed null and unwritten.
Art.31 .- A consumer may file a complaint with the competent court on
the national territory in the event of non-compliance with the provisions of this law by
any supplier.

Section 3 - Electronic invoicing
Art.32 .- Notwithstanding any provision to the contrary, invoicing is accepted in the form of
electronic in the same way as the paper invoice, provided that
the authenticity of the origin of the data it contains and the integrity of their content
are guaranteed.
Art.33 .- An invoice is stored electronically by means of
electronic data storage equipment, including compression
digital.
For invoices which are kept in electronic form, the data guaranteeing
the authenticity of the origin and the integrity of the content of each invoice, must also
be kept.

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Chapter 2 - Electronic advertising

Section 1 - Identification of electronic advertising
Art.34 .- Any advertising, in any form whatsoever, accessible by a service in
line, must be able to be clearly identified as such. It includes the
“advertisement” in a legible, conspicuous and unambiguous manner.
Advertising must make the natural or legal person clearly identifiable for the
account of which it is carried out.
Advertisements, and in particular promotional offers, such as discounts, bonuses
or gifts, as well as contests or promotional games, sent by mail
electronic, must be clearly and unambiguously identifiable on the
the subject of the mail as soon as it is received by the recipient, or if this is not possible
technical, in the body of the message.
The conditions to which the possibilities to participate in offers are subject,
competitions or promotional games, offered by electronic means must be clearly
specified and easily accessible.
The provisions of this article apply without prejudice to the laws and regulations in
force suppressing deceptive or deceptive advertising.

Section 2 - Direct prospecting by electronic means
Art.35 .- Direct prospecting by sending a message by means of a
automatic call machine, fax machine or electronic mail using, under some
form the contact details of a natural person who has not expressed his
prior consent to receive direct surveys by this means.
However, direct prospecting by e-mail is authorized if:
• the recipient's contact details were collected directly from them, in
full knowledge of the facts and in compliance with the legal provisions on
Protection of personal data ;
• direct prospecting is addressed to the subscribers or customers of a natural person
or legal entity that has collected their contact details, knowingly for
similar products or services, and if the recipient is offered, in such a way
express and unambiguous, the possibility of objecting, free of charge, and in a manner
simple, to the use of their contact details when they are collected and each
once a prospecting email is sent to him.
Art.36 .- It is forbidden to send, for purposes of direct prospecting, messages to the
means of automatic call machines, fax machines and electronic mail, without indicating
valid contact details to which the recipient can usefully transmit a
request to obtain that these communications cease, and this at no cost other than
those linked to its transmission.
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It is also prohibited to conceal the identity of the person on behalf of
which the communication is sent and to mention an object unrelated to the
delivery or service offered.
Art.37 .- Anyone can notify a specific service provider directly, free of charge
no indication of reasons, his will to no longer receive advertisements from him by means of
automatic call machines, fax machines or electronic mail.
Within a reasonable time, the provider delivers by appropriate means, an accused of
receipt confirming to this person the registration of his request, and takes the
measures necessary to respect that person's wishes.
Art.38 .- Proof of the legitimacy of direct prospecting is incumbent on the person
physical or moral on whose behalf the prospecting is carried out.
The legitimacy of direct prospecting is assessed in accordance with the
provisions of articles 36 and 37 of this law.

Title 3 - Contract by electronic means

Section 1 - Principle

Art.39 .- The contract signed by electronic means is accepted in the same way as the contract
written, with the exception of:
• private deeds relating to family and inheritance law;
• private deeds relating to personal or real securities, of a civil nature
or commercial, unless they have gone through a person for the needs of his
profession.

Section 2 - Electronic exchange of information in contracts

Art.40 .- Anyone who offers, in a professional capacity, by electronic means, the supply of
goods or the provision of services, makes available to customers the conditions
applicable in a manner that allows their conservation and
reproduction. Without prejudice to the conditions of validity mentioned in the offer, its
author remains engaged by it as long as it is accessible electronically by its doing.
The contractual conditions of the supplier of goods or services are not enforceable
to his co-contracting party only if the latter has had the opportunity to read it before
the conclusion of the contract and that its acceptance is certain. They are communicated to him
in writing, in a manner that allows their preservation and reproduction.

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Section 3 - Formation and validity of contracts concluded in the form of
electronic

Art.41 .- In the context of the formation of contracts, unless otherwise agreed between
the parties, an offer and its acceptance can be expressed by messages
electronic. Subject to compliance with the conditions set out in Article 43 of the
this law, the contract thus formed is perfectly valid.
Art.42 .- A contract concluded in electronic form cannot be considered as
validly concluded that if the recipient of the offer had previously had the possibility of
check the details of his order and its total price, and correct any errors
before confirming it to express acceptance.
The author of the offer must electronically acknowledge receipt of the order which has been sent to him.
been so sent within a period not to exceed five days.
The order, the confirmation of acceptance of the offer and the acknowledgment of receipt are
considered to have been received when the parties to which they are addressed may be
access.
Art.43 .- The provisions of this section of this law may be waived
in agreements concluded between professionals.

Section 4 - Right of withdrawal

Art.44 .- Without prejudice to the provisions of the law of obligations and contracts
applicable and any other provisions in force, the consumer can
retract within ten working days, current:
• from the date of their receipt by the consumer, for products;
• from the date of conclusion of the contract, for services.
The notification of the withdrawal is made by any means provided in advance in the
contract. In this case, the seller is obliged to reimburse the amount paid by the
consumer within ten working days from the date of return of the product or
waiver of service. The consumer bears the cost of returning the product.
When the exercise of the right of withdrawal occurs after the delivery of
goods or titles representing a service, the recipient of the good or service returns
said property or representative titles in good condition.
Art.45 .- For financial services, the right of withdrawal for the benefit of the consumer
is valid under the same conditions defined in the previous article, with the exception of the
period which is fifteen working days.

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In the event of the provision of a financial service, the contracts for which
applies the right of withdrawal can not receive the commencement of performance
by the parties before the expiry of this period.
Art.46 .- When the right of withdrawal is exercised by the recipient of the goods or
service in accordance with the provisions of this section, the supplier of goods or
of services is required to reimburse the sums paid by the recipient, and this
free of charge. The only costs that can be charged to the recipient of the good or service
due to the exercise of his right of withdrawal are the direct costs of return.
The refund is made as soon as possible and, in any case, within ten
days. After this period, the amount due is, as of right, productive of interest at the legal rate.
in force.
Art.47 Unless otherwise agreed by the parties, the right of withdrawal is excluded for
following contracts:
• the provision of services the execution of which has started, with the agreement of the
consumer, before the end of the withdrawal period;
• the supply of goods or services whose price depends on fluctuations in rates
the financial market over which the supplier has no control;
• the supply of goods made to the consumer's specifications or
clearly personalized or which, due to their nature, cannot be returned or
are liable to deteriorate or expire quickly;
• the supply of audio or video recordings or computer software, when
the said products have been unsealed by their recipient;
• the supply of newspapers, periodicals and magazines.
Unless otherwise agreed by the parties, deterioration of property or securities
representative of services, through the fault of the recipient, hinders the exercise of the right
of withdrawal.
Art.48 .- When the purchase transaction is fully or partially covered by a
credit granted to the consumer by the seller or by a third party on the basis of a contract
concluded between the seller and the third party, the consumer's withdrawal entails the
termination, without penalty, of the credit agreement.

Section 5 - Execution of contracts concluded in electronic form

Art.49 .- The seller is prohibited from delivering a product not ordered by the
consumer when accompanied by a request for payment.
In the event of delivery of a product not ordered by the consumer, the latter cannot
be solicited for the payment of its price or the cost of its delivery.

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Art.50 .- Notwithstanding compensation for damage to the benefit of the consumer, the latter
may return the product as is if it does not comply with the order or if the seller
did not meet the delivery deadlines.
In this case, the seller must reimburse the amount paid and the expenses in accordance with
the provisions of paragraph 2 of article 46 of this law.
Art.51 .- With the exception of cases of misuse, the seller shall bear, in cases of
sales with trial, the risks to which the product is exposed, up to
completion of the product's trial period.
Is considered null and void, any clause exonerating or limiting
liability contrary to the provisions of this article.
Art.52 .- It is incumbent on the supplier of goods or services to prove the existence of
prior information; confirmation of information, compliance with deadlines and
consumer consent. Any clause to the contrary is considered void and not
avenue.
Art.53 .- Electronic contracts must be archived
electronic from the professional contractor, under the conditions of this
law. He must guarantee access to it at all times to his co-contracting party if the latter requests it.
request.
Art.54 .- Any natural or legal person exercising the commercial activity
Electronics is fully responsible towards its co-contracting party for the good
performance of the obligations resulting from the contract, whether these obligations are to be performed by
itself or by other service providers, without prejudice to its right to
recourse against them.
However, it can exempt itself from all or part of its responsibility by providing the
proof that the non-performance or improper performance of the contract is attributable, either to
the buyer, or to the unforeseeable and insurmountable fact of a third party foreign to the supply
services provided for in the contract, or in a case of force majeure.

Title 4 - Responsibility of technical service providers

Section 1 - Responsibility and obligations of operators of
electronic communications

Art.55 .- Service providers who carry out the activity of operators of
electronic communications within the meaning of Law No. 2012-018 of December 17, 2012 on
electronic communications as amended by law n ° 2013-003 of February 19, 2013, do not
may see their civil or criminal liability incurred due to the content transmitted
on their network or on the network to which they give access only in cases where:
• they are at the origin of the disputed transmission request;

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• they select the recipient of the transmission;
• they select or modify the content to be transmitted.
In the event that the aforementioned operators ensure, with the sole aim of rendering more
efficient subsequent transmission, automatic storage activity,
intermediary and temporary content that a service provider transmits, they do not
may see their civil or criminal liability incurred because of these contents that
in the case where :
• they have modified this content, have not complied with their conditions of access and
the usual rules concerning their updating or have hampered the lawful use and
usual technology used to obtain data;
• they have not acted promptly to remove the content they have stored or
to make access impossible, as soon as they have actually become aware of it, either
due to the fact that the contents initially transmitted were withdrawn from the network, or because
that access to the content initially transmitted has been made impossible, either because
that the judicial authorities have ordered the removal of the transmitted content from the network
initially or make access impossible.
This article does not affect the possibility for a judicial authority or an authority
administrative, to require electronic communications operators to put
implement all means allowing the blocking of clearly illegal content,
as they would be defined by the rules in force in Togo, in particular the provisions
on the press and cybercrime.
When the requirements of the fight against the dissemination and prosecution of infringements
require it, the judicial or administrative authorities responsible for the repression of these
offenses notify electronic communications operators of the addresses
electronic communications services to the public online violating the
provisions of this article, to which they must prevent access immediately and
any event within 48 hours at most from the date of
notification.
A decree in the Council of Ministers fixes the modalities of application of the preceding paragraph.

Section 2 - Responsibility and obligations of hosts

Art.56 .- Natural or legal persons who provide, even free of charge, a
service consisting in storing information provided by a recipient of the service, not
cannot have their civil or criminal liability incurred as a result of the activities or
information stored at the request of a recipient of these services if they had not
not effectively aware of their unlawful nature or of facts and circumstances
showing this character or if, from the moment they became aware of it,
they acted promptly to remove this data or make it impossible to access.
This provision does not affect the possibility for a judicial authority or a
administrative authority, to require electronic communications operators to

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implement all means allowing the blocking of content obviously
unlawful, as they would be defined by the rules in force, in particular the provisions
on the press and cybercrime.

Section 3 - Responsibility and obligations applicable to all
service providers

Art.57 .- The persons mentioned in Articles 55 and 56 are not subject to a
general obligation to monitor the information they transmit or store, nor to
a general obligation to seek facts or circumstances revealing
illicit activities.
The previous paragraph is without prejudice to any obligation of targeted surveillance and
temporary at the request of the judicial or administrative authority in accordance with
article 62 of this law.
Art.58 .- Taking into account the general interest attached to the repression of the apologia for crimes
against humanity, incitement to violence and ethnic or racial hatred, as well as
especially child pornography, terrorism and money laundering,
the above-mentioned persons must contribute to the fight against the dissemination of
these offenses.
As such, they must put in place a system to be made known to the public.
and users, easily accessible and visible allowing anyone to wear
to their knowledge this type of data. They also have the obligation, on the one hand,
promptly inform the competent public authorities of any illegal activities
mentioned in the previous paragraph that would be reported to them and that would be exercised by
recipients of their services, and, on the other hand, to make public the means they
devote to the fight against these illicit activities.
The system consists of providing users with reporting access
abuse through an online form, detachable in paper format and a service
free call, making it possible to inform either the provider of the service concerned or the
competent authorities, according to the legislation in force, of any online content
manifestly unlawful.
Any breach of the obligations defined above is punishable by the penalties provided for in
article 68 of this law.
Art.59 .- Service providers must make the systems available to the public
and technical means of restricting access to certain services which must be
appropriate, efficient and accessible with a view to, in particular:
• filter by category of clearly illegal content;
• make the sites containing data falling under paragraph 1 of the previous article
inaccessible;

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• make it safer for minors to browse the Internet by restricting access to
the Internet according to the profile of the connected user;
• facilitate access to an up-to-date and efficient parental control tool by a
appropriate information to users both on its existence and on the
simple conditions of its use.
The filtering provided for in points 1 and 2 above are activated by default in the services
provided to users. The latter must be able to obtain the deactivation of said
filtering on simple request from the service provider.
The costs of implementing and updating systems and technical resources
mentioned above are the responsibility of the service providers.
In addition, service providers will make their best efforts to find
together under the aegis of the ministry responsible for electronic communications,
common technical systems and means. This shared device will be able to receive
express validation of the ministry responsible for electronic communications in
conditions specified by regulatory provisions.
Art.60 .- Service providers must, on the one hand, ensure the regular updating of
the technical systems and means mentioned in article 59 of this law and other
share, notify users.
The competent authorities may engage the liability of service providers
services when the filtering systems are not available or their updating is not
not regular.
This responsibility cannot be engaged in the hypothesis referred to in the article above.
above where the filtering systems used have been expressly validated by the
Ministry in charge of Electronic Communications and subject to the said
service providers ensure their maintenance and proper functioning.
Art.61 .- Service providers may proceed, as a preventive measure and only
at the request of the competent administrative or judicial authority, when setting up
a targeted or temporary surveillance activity of the information they transmit
or store, in order to prevent or put an end to damage caused by the
content of an electronic communication service.
Art.62 .- In the event of written or electronic notification from a
administrative or judicial authority, relating to clearly illegal content, the
service provider is liable if it leaves prohibited content online.
The judicial authority can prescribe in summary proceedings or on request, to any person
mentioned in Article 55 or, failing that, to any person mentioned in Article 56, all
measures to prevent damage or to put an end to damage caused by
the content of an online communication service to the public.
Art.63 .- Service providers hold and keep, at least for a period of time
duration of one year, the data likely to allow the identification of anyone who has

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contributed to the creation of the content or one of the content of the services for which they are
providers.
The processing of this data is subject to the provisions of the law on the protection of
personal data.
A decree in the Council of Ministers defines the data mentioned in the first paragraph and
determines the terms of their conservation.
Art.64 .- The stored data relate exclusively to the elements allowing
identification of the users of the services provided by the providers.
Art.65 .- Service providers are subject to professional secrecy in
conditions provided for by the Penal Code.
Professional secrecy is not enforceable against the judicial authority or any other
authority provided by law.
Art.66 .- Any service provider not having complied with the prescriptions of the articles
of this title, is punished in accordance with the provisions of the Penal Code.

Title 5 - Responsibility of the editors of a communication service
public online

Art.67 .- People whose activity is to publish a communication service to the public
online, make available to the public, in an open standard, information on
the service and its managers as specified by regulation.
People editing a communication service to the public on a non-professional basis
online may only make available to the public, in order to preserve their anonymity,
the name, denomination or company name and address of the service provider mentioned in
Article 56 of this law, subject to having communicated to it the elements
identification data provided for in this article.
Art.68 .- Any person appointed or designated in a communication service at the
public online has a right of reply, without prejudice to requests for
correction or deletion of the message that it can send to the service.
The request to exercise the right of reply is sent to the director of the publication.
or, when the person editing on a non-professional basis has retained anonymity, at
service provider mentioned in article 56 of this law who forwards it without delay to the
Publication Director. It is presented at any time from the update
public availability of the message justifying this request.
The director of the publication is required to insert within three days of their
receipt, responses from any person appointed or designated in the
communication to the public online under penalty of the penalties provided for by the provisions

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of the Criminal Code, without prejudice to other penalties and damages to which Article
could give rise.
The answer is free.
Art.69 .- Persons whose activity is to publish a communication service to the public
online are subject to the conditions for exercising freedom of expression and
communication of ideas and political opinions provided for by the rules relating to
freedom of the press in force in Togo, in particular the Code of the press and
communication as well as the penalties applicable in the event of breach of the
organizing this freedom.

Title 6 - Securing and authenticating data and
information

Chapter 1 - Electronic evidence

Art.70 .- Written proof or literal proof is established in accordance with the
provisions of article 9 of this law.
Art.71 .- Written documents in electronic form are admitted as proof in the same way as
it is written on paper and has the same probative value as it, provided that
can be duly identified the person from whom it emanates and that it is established and kept
under conditions such as to guarantee its integrity.
Art.72 .- Documents must be kept in electronic form for a period of
a period of twenty years or for any period applicable to documents in format
paper according to the applicable law in the matter and under the following conditions:
• the information contained in the data message must be accessible, readable and
intelligible to be consulted later;
• the data message must be kept in the form in which it was created,
sent or received, or in a form which can be shown to be unlikely
no modification or alteration in its content and that the document transmitted and
the one kept are strictly identical;
• the information which makes it possible to determine the origin and destination of the message
data, as well as the date and time of sending or reception,
must be kept.
Art.73 .- The supplier of goods or service provider by electronic means who
claims the performance of an obligation must prove its existence and, when it claims to be
released, must prove that the obligation is non-existent or extinguished.
Art 74.- When the law has not set other principles, and in the absence of a valid agreement
between the parties, the judge settles the conflicts of literal proof by determining by all
means the most likely title, whatever the medium.

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Art.75 The copy or any other reproduction of documents passed electronically to the
same probative force as the act itself when certified by the body
competent certification.
The certification gives rise, if necessary, to the issuance of a certificate of conformity.

Chapter 2 - Electronic signature and certificate

Section 1 - Electronic signature
Art 76 No one may be forced to sign electronically.
However, acts of administrative authorities may be the subject of a signature.
electronic under the conditions provided for by regulatory provisions.
Art.77 .- The signature necessary for the perfection of a legal act identifies the one who
affix it. It manifests the consent of the parties to the resulting obligations.
When it is affixed by a public officer, it confers authenticity to the act.
When it is electronic, it consists of the use of a reliable identification process.
guaranteeing its link with the act to which it is attached.
The reliability of this process is presumed, until proven otherwise, when the signature
electronics is created.
The authentic instrument can be drawn up electronically if it is drawn up and kept
under conditions set by regulation.
Art.78 .- In legal proceedings, an electronic signature cannot be
declared inadmissible on the sole ground that it:
• is in electronic form; or
• is not based on a certificate complying with this law.

Togo

Art.79 .- Without prejudice to the provisions in force, an electronic signature
secure created by a secure signature creation device that the signatory
can keep under its exclusive control and whose verification is based on a certificate
qualified is accepted as a signature in the same way as an autograph signature.
Art.80 .- A device for creating an electronic signature cannot be considered
as secure only if it meets requirements of a technical nature and
procedure specified by regulation.
Art.81 .- Compliance of qualified electronic signature creation devices
with the requirements set out in the previous article is certified by public bodies or
competent private individuals appointed by the certification authority under defined conditions
by regulation.

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Art.82 .- An electronic signature verification device must be assessed and may
be certified as compliant by the competent public or private bodies designated by
the certification authority under conditions defined by regulation.

Section 2 - Electronic certificate
Art.83 An electronic certificate can only be regarded as qualified if:
• it is issued by a qualified certification service provider;
• it includes mandatory information specified by regulation.
A certification service provider who:
• complies with the provisions of articles 99 and 100 of this law and;
• is subject to accreditation under conditions set by regulation.
Art.84 .- It is created under conditions fixed by regulation, an authority
certification officer for the purposes of defining the Togolese certification policy and
enforce in particular through the accreditation and control of service providers
qualified certification.
The certifying authority must keep an electronic register of certificates
qualified available to users.
Art.85 .- Public administrations may use the certificate and signature
electronic according to the conditions set by regulation.
Art.86 Anyone using an electronic signature device must:
• take the minimum precautions set by the texts in force to avoid any
irregular use of personal equipment relating to his signature;
• inform the certifying authority of any illegitimate use of its
signature;
• ensure the veracity of all the data it has declared to the said authority;
• ensure the veracity of all the data it has declared to any person
who she asked to trust her signature.
Art.87 .- In the event of violation of the provisions of the preceding article, the holder of the
signature is responsible for the harm caused to others.

Section 3 - Equivalences
Art.88 .- A certificate or electronic signature legally issued outside Togo
has the same legal effects in Togo as a certificate or signature issued in Togo at
provided that it complies with international standards recognized by the Organization
international standardization (ISO).
A decree in the Council of Ministers specifies the conditions for legal recognition
certificates and electronic signatures from third countries.

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Title 7 - Trusted service providers

Chapter 1 - General provisions

Section 1 - Scope
Art.89 .- The provisions of this chapter govern the activities of service providers
service techniques for securing electronic exchanges, hereinafter referred to as
“trust service providers” established in the Togolese Republic, namely:
• electronic certification service providers;
• electronic archiving service providers;
• electronic time stamping service providers;
• electronic registered mail service providers.
A decree in the Council of Ministers sets the conditions for the exercise of service providers
trusted service.

Section 2 - Obligations common to all trust service providers
Art.90 .- Without prejudice to paragraph 2 below, trust service providers
are responsible for damage caused intentionally or by negligence to any
natural or legal person due to a breach of the obligations provided for by
this law or the texts adopted for its application.
It is the responsibility of the natural or legal person who invokes the damage referred to in
first paragraph to prove that the unqualified trust service provider acted
intentionally or negligently.
A qualified trust service provider is presumed to have acted
intentionally or negligently, unless it proves that the damage referred to
in the first paragraph were caused without intention or negligence on his part.
Where trust service providers duly inform their customers
prior to the limits that exist to the use of the services they provide and that these
limits may be recognized by third parties, trust service providers do not
may be held liable for damages arising from the use of the services
beyond the limits indicated.
Paragraphs 1 and 2 apply in accordance with the rules in force in Togo regarding
of responsibility.
Art.91 .- Trust service providers must have the necessary resources
sufficient financial resources to operate in accordance with the requirements of the
provisions of this law, in particular to assume the responsibility of
pity.

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The subscription to liability insurance is compulsory.
It is specified by a decree in the Council of Ministers.
Art.92 .- Trust service providers are subject to an obligation
impartiality towards the recipients of their services and third parties.
Art.93 .- As far as possible, the trust services provided, as well as
end-user products that are used to provide these services, are accessible
people with disabilities.
Art.94 .- The storage and processing of personal data transmitted to
trust service providers are carried out in compliance with the provisions of the
this law and the provisions in force applicable to data protection at
personal character.
Art.95 .- Without prejudice to the other information obligations provided for by the texts
in force, trusted service providers, provide recipients with
of their services, before the conclusion of the contract and throughout its duration, a
direct and easy access to information formulated in a clear and understandable manner
specified by decree in the Council of Ministers.
Art.96 Qualified and unqualified trust service providers take the
adequate technical and organizational measures to manage the risks associated with
security of the trusted services they provide.
They notify any security breach or loss of integrity having an impact
important on the trust service provided or on personal data
which are kept there.
A decree in the Council of Ministers fixes the modalities of application of this article.

Section 3 - Control
Art.97 .- The control body for the activities of the provision of trust services to the
Togo is the authority responsible for the certification provided for in article 84.
The certification authority is vested with the necessary powers for this purpose and
endowed with adequate resources for the performance of provider control tasks
trust services.
The role of the supervisory body is to:
• monitor qualified trust service providers established in the territory
Togolese in order to ensure, through a priori and a posteriori control activities, that these
qualified trust service providers and qualified trust services
that they supply meet the requirements set out in this law;
• take action, if necessary, with regard to service providers
unqualified trust established on Togolese territory, through control activities

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a posteriori, when it is informed that these trust service providers not
qualified or the trust services they provide would not meet the
requirements set out in this law.
For the purposes of paragraph 2 above and subject to the limits it provides, the tasks of
the supervisory body consist in particular of:
• cooperate with other regional control bodies or in third countries;
• analyze the conformity assessment reports referred to in Article 98, paragraph
1, and in article 99, paragraph 1 of this law;
• inform other supervisory bodies and the public of security breaches or
loss of integrity;
• carry out audits or request a conformity assessment body
perform a compliance assessment of trust service providers
qualified in accordance with article 98, paragraph 2 of this law;
• cooperate with data protection authorities, in particular by
informing them, as soon as possible, of the results of audits of service providers
qualified trust services when it appears that rules on
protection of personal data have been violated;
• grant qualified status to trusted service providers and services
that they provide and withdraw this status in accordance with Article 98 and Article 99 of
this law;
• update the trusted lists referred to in article 100 of this law, its
decisions to grant or withdraw qualified status;
• verify the existence and correct application of provisions relating to shutdown plans
activity when the qualified trust service provider ceases its activity;
• require trust service providers to correct any breaches of
obligations set by this law.
The government may also require the oversight body to establish, manage and
updates a trusted infrastructure in accordance with the conditions provided for by the
texts in force.

Section 4 - Qualified trust services
Art.98 .- Qualified trust service providers are subject to, at least all
twenty-four months, of an audit carried out at their expense by an assessment body
conformity. The purpose of the audit is to confirm that service providers
skilled trust and the skilled trust services they provide fulfill
the requirements set by this law.
Qualified trust service providers submit assessment report
compliance with the supervisory body within three working days
its reception.
Without prejudice to paragraph 1, above, the supervisory body may at any time,
subject qualified trust service providers to an audit or request

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a conformity assessment body to carry out a conformity assessment
compliance of qualified trust service providers, at the expense of those
trusted service providers, to confirm that providers and
qualified trust services that they provide meet the requirements set by the
this law. The supervisory body informs the authorities responsible for the protection of
data on the results of its audits when it appears that the rules on
protection of personal data have been violated.
When the supervisory body requires the qualified trust service provider to
corrects a failure to meet the requirements of this law and that the service provider
does not act accordingly, and where applicable within a time limit set by the supervisory body,
the supervisory body, taking into account, in particular, the scope, duration and
consequences of this failure, may withdraw from this service provider or the affected service the
qualified status and updates the trusted lists referred to in Article 100 accordingly
of this law. The supervisory body informs the trust service provider
qualified of withdrawal of qualified status or withdrawal of qualified status from the service
concerned.
The supervisory body may determine the following standards:
• accreditation of conformity assessment bodies and assessment reports
of the conformity referred to in paragraph 1 above;
• audit rules according to which conformity assessment bodies
carry out their assessment of the conformity of the service providers of
skilled confidence.
Art.99 .- When trusted service providers, without qualified status, have
intend to start offering qualified trust services, they submit to
the supervisory body a notification of their intention accompanied by a report
conformity assessment issued by a conformity assessment body.
The supervisory body checks that the trust service provider and the trust services
confidence that it provides comply with the requirements set by this law, in particular
the requirements for qualified trust service providers and
qualified trust services they provide.
If the supervisory body concludes that the trust service provider and the services
of confidence that it provides meet the required requirements, the supervisory body grants
the qualified status of the trust service provider and the trust services it
provides and updates the trusted lists referred to in article 100 of this law, at
no later than three months following the notification in accordance with paragraph 1 above.
If the verification is not completed within three months of the
notification, the supervisory body informs the trust service provider
specifying the reasons for the delay and the time required to complete the verification.
Qualified trust service providers can start providing the
qualified trust service once qualified status is indicated on the lists of
trust referred to in article 100 of this law.

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The supervisory body specifies the formats and procedures applicable for the purposes of
paragraphs 1 and 2 above.
Art.100 .- The supervisory body maintains and publishes trusted lists, including
information relating to qualified trust service providers for whom it is
responsible, as well as information on qualified trust services
that they provide. A decree in the Council of Ministers specifies the modalities of application
of this article.
Art.101 .- When a qualified trust service provider issues a certificate
qualified for a trustworthy service, it verifies, by appropriate means and
in accordance with the law in force in Togo, the identity and, if applicable, all the attributes
specifics of the natural or legal person to whom it issues the qualified certificate.
A decree in the Council of Ministers specifies the obligations incumbent on the service provider
qualified trust services.

Chapter 2 - Specific provisions

Section 1 - From the electronic certification service provider
Art.102 .- The electronic certification service provider is required to comply with the
requirements contained in Articles 91 to 97 of this Law.
The electronic certification service provider that delivers to the public
a certificate presented as qualified is required to meet the requirements set out in
articles 103, 104 and 106 of this law.
Art.103 .- The electronic certification service provider who delivers to the
from the public a certificate presented as qualified or which guarantees to the public such a certificate
is responsible for the damage caused to any entity or natural or legal person who
rely on this certificate for:
• the accuracy of all information contained in the qualified certificate at the date
where it was issued and the presence, in this certificate, of all the prescribed data
for a qualified certificate;
• assurance that, at the time of issuance of the certificate, the signatory identified in
the qualified certificate held the data relating to signature creation
corresponding to the data relating to the signature verification provided or
identified in the certificate;
• the assurance that the data relating to the creation of a signature and those relating to
signature verification can be used in a complementary way, in the
case where the certification service provider generates these two types of data,
unless the certification service provider proves that he has not committed any
negligence;
• compliance with all the requirements provided for in article 101 of this law.

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Art.104 .- The electronic certification service provider who issued
public intent a certificate presented as qualified is responsible for the harm
caused to an entity or natural or legal person who avails himself of the certificate, for
failing to register the revocation of the certificate, unless the service provider
certification proves that he has not committed any negligence.
Art.105 .- The electronic certification service provider may indicate, in a
qualified certificate, the limits set for its use, provided that these limits are
discernible by third parties. The certification service provider is not
liable for damage resulting from the misuse of a qualified certificate that exceeds
the limits set on its use.
Art.106 .- The electronic certification service provider may indicate, in a
qualified certificate, the limit value of transactions for which the certificate can be
used, provided that this limit is discernible by third parties. He is not responsible
damage resulting from exceeding this maximum limit.

Section 2 - From the electronic archiving service provider
Art.107 .- The electronic archiving service provider is required to comply
the following requirements:
• take the necessary measures to maintain the legibility of the data during the
retention period agreed with the recipient of the service;
• implement the necessary means to prevent, during conservation,
consultation or transfer, any modification of electronic data
kept, subject to modifications relating to their medium or format
electronic;
• implement the necessary means to detect transactions,
normal or fraudulent, carried out on the data. He takes care to the extent of
possible, to allow the identification of the perpetrators of such operations;
• record the transactions referred to in the third indent above, ensure that they are dated
by means of an electronic time-stamping process and keep these records
during the entire retention period of the data concerned;
• ensure that the recordings referred to in point fourth above are not
accessible only to authorized persons;
• implement the necessary means to protect the data it
preserves against any fraudulent or accidental infringement;
• implement the necessary means to prevent unauthorized access
to the data it keeps as well as to the equipment, communication system and
medium containing the data;
• put in place procedures allowing rapid reaction to incidents and
limit their effects.
Art.108 .- The existence of an electronic data archiving contract does not entail any
transfer of rights to the electronic archiving service provider on the
retained data.

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The electronic archiving service provider cannot destroy the
data only with the agreement of the recipient of the service, without prejudice to the provisions of
article 109 paragraph 3 of this law.
Art.109 .- When the electronic archiving contract ends, for whatever reason
either, the electronic archiving service provider cannot oppose the
recipient of the service any right of data retention.
When the electronic archiving contract ends, for any reason whatsoever, the
electronic archiving service provider request by registered mail to
recipient of the service to comment on the fate of the data entrusted to it,
in accordance with the provisions of this law.
In the absence of a response from the recipient within six months of the request referred to in
the previous paragraph, the service provider may destroy the data, except
express prohibition of a competent judicial or administrative authority.
Art.110 .- At the request of the recipient of the service and within a reasonable time, the
electronic archiving service provider, as the case may be:
• records the transactions referred to in the third indent of Article 107 above, ensures
their dating by means of an electronic time-stamping process and keeps these
records throughout the retention period of the data concerned;
• ensure that the recordings referred to in the fourth indent of Article 107 above
are accessible only to authorized persons;
• implements the necessary means to protect the data it keeps
against any fraudulent or accidental infringement;
• implement the necessary means to prevent any unauthorized access to
data it keeps as well as the equipment, communication system and support
containing the data;
• implements procedures allowing rapid reaction to incidents and
limit their effects.
Art.111 .- In the cases provided for by the provisions of the preceding article, the
electronic archiving service provider does not keep any copy of the data
returned, transmitted or destroyed, unless expressly requested by the recipient of the service or
a competent judicial or administrative authority.
The costs relating to the operations referred to in the previous article are payable by the
recipient, except in the event of termination of the contract resulting from a fault on the part of the
electronic archiving service.
Art.112 .- The fault of the electronic archiving service provider is presumed
until proven otherwise if the data entrusted to it:
• are no longer readable during the storage period agreed with the recipient
service;
• are modified, subject to modifications relating to their support or their
electronic format;

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• cannot be returned, transmitted to another service provider or destroyed
in accordance with the provisions of articles 109 and 110 of this law.

Section 3 - From the electronic time-stamping service provider
Art.113 .- Dating provided by an electronic time-stamping service provider
is based on and expressly refers to Coordinated Universal Time.
Art.114 .- A qualified electronic time stamp satisfies the following requirements:
• it links the date and time to the data in such a way as to reasonably exclude the
possibility of undetectable modification of data;
• it is based on an exact clock linked to Coordinated Universal Time;
• it is signed by means of a secure electronic signature, by means of a
qualified certificate from the qualified trust service provider, or by a
equivalent method.
Art.115 .- The electronic time-stamping service provider is responsible for
damage caused by a failure of its service having an impact on the accuracy of
the dating of a document.

Section 4 - From the electronic registered mail service provider
Art.116 .- At the time of sending the message, the registered mail service provider
electronic delivers to the sender an acknowledgment of dispatch, provided with his electronic signature
secure indicating, in accordance with the provisions of Articles 118 to 120 of the
this law, the date on which the message was sent to the recipient.
Art.117 .- The electronic registered mail service provider implements the
means necessary for:
• protect the content of the sender's message against any alteration and
modification;
• prevent any loss or appropriation by a third party of the message;
• ensure the confidentiality of the data transmitted and stored throughout the
communication and conservation process.
Art.118 .- The electronic registered mail service provider verifies, by means of
appropriate, the identity of the recipient of the electronic registered mail, with or without acknowledgment
of receipt, before the electronic registered letter is issued.
Art.119 .- At the request of the sender, the registered mail service provider
electronic provides him with an acknowledgment, as the case may be, of receipt or refusal of the message by
the recipient or his non-delivery. This accused is provided with an electronic signature.
Before the electronic registered letter is issued, the acknowledgment of receipt or refusal is
electronically signed by the recipient and indicates the date on which the message was

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received or refused by the latter, using an electronic time-stamping process
in accordance with the relevant provisions of this law.
The acknowledgment of non-delivery is provided at the expiration of a period of fifteen days from
sending the message.
Art.120 .- The electronic registered mail service provider is responsible for
damage caused by loss or alteration of the content of the message transmitted or its
appropriation by a third party.
The electronic registered mail service provider may not, at any time,
imply, directly or indirectly, that it is issuing registered
electronic, if it does not comply with the provisions of this chapter.

Title 8 - Electronic administration

Chapter 1 - Electronic exchange of administrative information

Art.121 .- Any exchange of information, documents and / or administrative acts may
be transmitted electronically.
Where there is a specific formal requirement in the context of a procedure
administrative, this requirement can be fulfilled electronically. To this end,
each administration communicates the electronic contact details for entering
in contact with her.
Any natural or legal person who wishes to be contacted by mail
electronic by the administration, provides it with the necessary contact details. It
ensure that you regularly check your e-mail and report to
administration any change of contact details.
Art.122 .- Any communication made by electronic means within the framework of a
administrative procedure is deemed to have been received when its addressee has the
opportunity to read it.
Art.123 .- An electronic request or declaration form, established within the framework of
electronic administrative procedures, completed, validated and transmitted with its
any annexes, is equivalent to the paper form bearing the same title, completed,
signed and sent, with any annexes, to the administration and departments concerned,
in accordance with the legal and regulatory provisions in force.
Art.124 .- When a formality provided for by the provisions of this law is required
during an administrative procedure, the administration resorts to the equivalents
functions recognized by this law, unless the application of more
strict is justified, having regard to the peculiarity of the procedure and the documents
concerned.

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Art.125 .- When it is required that a supporting document be attached in support of a
request or a declaration addressed to the administration, the applicant is exempted from
provide this document electronically when the administration can obtain it
directly to the administration and departments concerned.
In this case, the provision of the document is replaced by a declaration on honor
of the applicant, who has the option of electronically verifying the information
taken into account by the administration.
Art.126 .- When payment is required from the applicant during a procedure
administrative, in particular for obtaining a certificate or an official document,
this payment can be made electronically in accordance with the applicable rules
electronic payments.

Chapter 2 - Acceptance of electronic archiving and document issuance

Art.127 .- With regard to the acceptance of archiving and electronic transfer of
documents, any public institution determines:
• the archiving method, the format and the methods of issuing the document
electronic;
• the space reserved for the signature and the nature of the electronic signature;
• the manner and method of affixing the electronic signature, its characteristics and
requirements not contrary to conditions imposed by service providers
certification;
• the system for checking the authenticity and originality of messages
electronic devices, as well as their safe storage;
• any other element deemed useful for the electronic message and the relative payment method
to the documents mentioned above.

Chapter 3 - The use of electronic messages and signatures by
public institutions

Art.128 .- The government, on the proposal of the Ministry in charge of Communications
electronic, issues instructions relating to message security measures and
electronic signatures by public institutions.

Title 9 - Finding of infractions and penalties

Art.129 .- Breaches of the provisions of this law and its implementing measures
are ascertained by judicial police officers, sworn officers of
ministries responsible for trade, finance, electronic communications and
Communication and, depending on the powers granted to them by law, the authorities
regulation of the aforementioned sectors to which is added the authority responsible for protection

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personal data, in accordance with the conditions provided for by the provisions
laws in force.
The reports recording the infringements as well as the objects and documents seized
are sent to the public prosecutor.
Art.130 .- Anyone who uses
fraudulent electronic signature of others.
Art.131 .- Anyone who abuses the
weakness or ignorance of a third person to make him subscribe, within the framework
an electronic sale, cash or credit commitments in any form
whether, when it is proven that this person is not able to appreciate the
scope of the commitments it makes or to detect the tricks or artifices deployed
to convince her to subscribe or that she was subjected to duress.
Art.132 .- The penalties provided for in the Penal Code shall be punished by the authority responsible for
certification and / or its agents who disclose, induce or participate in the disclosure of
information entrusted to them in the course of carrying out their activities,
with the exception of those whose publication or communication is authorized by the
certificate holder in writing or electronically or in the cases provided for by the
legislation.

Title 10 - Transitional and final provisions

Art.133 .- Any natural or legal person carrying out an activity relating to
electronic transactions and trust services in this area has in
a period of twelve months to comply with the provisions of this law, from
of its publication in the Official Journal.
Art . 134 .- All previous provisions contrary to this law are repealed.
Art.135 .- This law will be executed as a law of the State.

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