BENIN Law and Practice Contributed by: Nicolin Assogba, D2A SCPA
Recent Developments The main development is the adoption, in January 2023, of the National Strategy for Artificial Intelligence and Big Data 2023–27, which sets a public direction without creating direct obligations for companies. The APDP has, moreover, begun reflecting on the interac - tion between AI and the protection of personal data. The framework thus remains strategic and prudential rather than binding on companies. 8.3 Liability Exposures Arising From AI Use The Bases of Liability In the absence of a liability regime specific to AI, the exposures of officers attach to the bases of the gen - eral law. A failure to comply with data-protection rules may give rise to penalties from the APDP and engage civil liability for the harm caused. To this are added the liability of officers for management fault, as well as contractual, product and intellectual-property liability that may arise from the use of AI. Enforcement These forms of liability are enforced by the APDP for the data aspect, and by the ordinary courts for civil and criminal actions. Sector regulators may intervene where the use of AI affects a regulated activity. 8.4 Key Disclosure Requirements for AI Use The Absence of a Disclosure Obligation Specific to AI No specific disclosure obligation currently targets the use, strategy, governance, risks or incidents associ - ated with AI, whether in annual reports, sustainabil - ity reports or prospectuses. The obligations capable of applying remain the general ones of data law and In data matters, a breach may trigger notification obli - gations under the Digital Code. For listed companies, a significant AI-related development could fall within event-driven disclosure, where it is likely to affect the share price (see 5.1 Financial Reporting Require- ments ). Outside these cases, disclosure is a matter of voluntary practice. financial-market law. Indirect Obligations
the BRVM entered into a partnership with the Global Green Growth Institute to facilitate the issuance of these instruments for the benefit of the eight WAMU countries, including Benin, and its official price list now highlights GSS bonds to meet the expectations of investors sensitive to ESG criteria. The govern - ance component, for its part, is advancing through the Corporate Governance Code for listed companies. The social component remains, at this stage, mainly addressed through labour law and public policy, with - out a dedicated reporting framework.
8. Artificial Intelligence 8.1 Board Oversight of AI The Absence of a Specific Obligation
Beninese law contains, to date, no specific legal obligation requiring the board of directors to exer - cise dedicated oversight of artificial intelligence (AI), whether a particular board composition, a specialised committee or control requirements specific to AI. The oversight of AI therefore falls within the general duties of officers regarding risk control and compliance. Boards that take it up do so voluntarily, by integrating AI into their existing systems. Existing Anchor Points In the absence of a dedicated regime, the framework operates principally through the protection of personal data. The Digital Code (Law No 2017-20) entrusts the Personal Data Protection Authority ( Autorité de Pro- tection des Données à caractère Personnel ; APDP) with control over data processing and the sanctioning of breaches, which directly concerns AI systems that exploit such data. The board ensures, in this context, compliance with the applicable obligations. 8.2 AI Use-Related Risks Governance Frameworks That are Still General There is no governance framework dedicated to AI- related risks, including reputational risks. These risks are addressed through the data-protection regime, the general duties of care of officers and internal risk- management and compliance policies. In practice, their monitoring involves the board or its risk com - mittee, management and, where applicable, the data protection officer.
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