BURKINA FASO Law and Practice Contributed by: Bobson Coulibaly, Pierre Yanogo, Oumarou Cisse and Diana Woba, SCP Yanogo Bobson
The final decision to reject the application will be published in the relevant organisation’s official newsletter. 7.4 Copyright Copyright is the law that protects literary and artistic works such as writings, musical works and works of art. Economic rights are protected during the author’s lifetime and for 50 years after their death. Moral rights are perpetual. 7.5 Others Software and database rights are protected in the same way as copyright. The main regulation is Law 001-2021/AN dated 30 March 2021 relating to the protection of indi - viduals with regard to the processing of personal data (the “Personal Data Protection Act”). The purpose of the Personal Data Protection Act is to protect the fundamental rights and freedoms of individuals with regard to the pro - cessing of their personal data, regardless of the nature, method of execution or persons respon - sible for the processing. 8.2 Geographical Scope The Personal Data Protection Act applies to processing operations where the controller is established in Burkina Faso, regardless of where they carry out the processing of personal data or, without being established there, if the control - ler is subject to Burkina Faso law under public international law. 8. Data Protection 8.1 Applicable Regulations It also applies to data controllers or processors who aren’t established in Burkina Faso but who
carry out processing operations from the nation - al territory, with the exception of transit data. The implementation of personal data processing is subject to one of the following prior formali - ties: request for advice, authorisation, normal declaration and simplified declaration. The content and format of the declaration, request for advice and authorisation are adopted by the authority of control. 8.3 Role and Authority of the Data Protection Agency The agency in charge of enforcing data protec - tion rules in Burkina Faso is the Commission for Information Technology and Liberties (the Com- mission de l’informatique et des libertés (CIL)). The CIL is responsible for ensuring compliance with the provisions of the Personal Data Protec - tion Act, specifically by informing all data sub - jects and data controllers of their rights and obli - gations and by controlling the use of information and communication technologies applied to per - sonal data processing.
9. Looking Forward 9.1 Upcoming Legal Reforms
Three key legislative developments are anticipat - ed. The first is amendments to the Labour Code, which are currently being considered and will mean employment law regulations may change in the near future. The second is modifications to tax provisions, which will create a requirement for a financial visa on annual financial statements for companies which do not have auditors and are subject to the normal real tax regime.
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