Can you summarize Loi n 29-2019 du 10 octobre 2019 portant protection des donnes caractre personnel (in French)?

Short Summary

This legal document, Law No. 29-2019, aims to protect personal data in the Republic of Congo. It establishes a framework to ensure the protection of the fundamental rights and freedoms of individuals, particularly their privacy, in relation to the processing of personal data. The law applies to any individual or entity that collects, processes, or uses personal data. It sets out the conditions and principles for the lawful processing of personal data, including the requirement of obtaining the explicit consent of the data subject. The law also addresses the role and responsibilities of a data protection officer, who must be associated with all matters related to personal data protection. The document specifies that the data protection officer cannot receive any instructions in the exercise of their duties and must report directly to the highest level of management. The law provides for administrative sanctions, including warnings, formal notices, temporary or permanent suspension of data processing activities, injunctions, and monetary fines. The fines range from 1,000,000 to 100,000,000 CFA francs. The document also includes provisions for the handling of urgent situations, such as the temporary interruption of data processing or the locking of certain personal data. It further states that violations of the law can result in criminal penalties under the Congolese Penal Code and the law on combating cybercrime.

Whom does it apply to?

Any individual or entity that collects, processes, or uses personal data

What does it govern?

Protection of personal data

What are exemptions?

Personal data processing for personal or domestic activities, temporary copies made for transmission or access to a digital network, and data processing for national security, defense, or law enforcement purposes

What are the Penalties?

An administrative warning, a formal notice to cease violations, temporary or permanent suspension of data processing activities, injunction to cease processing, and monetary fines ranging from 1,000,000 to 100,000,000 CFA francs

Jurisdiction

Republic of the Congo

Source

Loi n 29-2019 du 10 octobre 2019 portant protection des donnes caractre personnel (in French) [https://reggi.cloud.regology.com/regulations/CG-L/CG-L_OS_PDP]

• Privacy