DRC Law and Practice Contributed by: Serge Nawej Tshitembu, Xavier Huberland, Daniel Yamba and Katerina Papachristou, ProximA International
activities. Prior to its enactment, the DRC lacked dedicated data protection legislation, with only sparse and limited provisions scattered across specific laws. One of the legislator’s objectives in enacting the Digital Code was to provide the DRC with a modern regulatory framework for the protection and lawful processing of data, includ - ing personal data. Key features of the Digital Code include: • Broad applicability: it covers all entities (public or private, domestic or foreign) that process personal data within, or directed towards, the DRC; • Comprehensive regulation: it governs the collection, processing, transmission, transfer, storage and use of personal data; • Defined roles and rights: it establishes the roles and responsibilities of data controllers, processors and their representatives, and sets out the rights of data subjects, including rights to access, rectification, deletion, and objection to processing; • Regulatory oversight: it provides for the crea - tion of a data protection authority to oversee compliance and enforcement; • Cybersecurity and criminal provisions: it includes measures for information system security and cybercrime prevention, with criminal sanctions for violations; and • Exemptions: it contains exemptions for pro - cessing related to public security, defence, criminal investigations and sanctions enforce - ment. Other Applicable Regulations Prior to the Digital Code, the Telecom Law served as the main reference for data privacy within the telecommunications sector. It imposed con - fidentiality obligations on telecoms operators regarding user communications and data. The
Telecom Law also establishes the legal and insti - tutional framework for telecommunications in the DRC, ensuring the protection of fundamental rights and freedoms of individuals with respect to personal data processing, and defines and sanctions fraud and offences within the telecom - munications and information and communica - While the DRC now has its own legal regime, it is also influenced by regional developments in data protection: • COMESA has issued non-binding frameworks inspired by international standards (such as the General Data Protection Regulation), pro - moting good practices for digital services and financial consumer protection. Although there is currently no binding COMESA-wide data protection law, its model policies encourage harmonisation across member states. • SADC has adopted a Model Law on Data Protection, which provides guidance on data subject rights, controller and processor obli - gations, and regulatory oversight. Although not directly binding, it serves as a reference for national legislation. The SADC Secretariat itself has implemented a data protection poli - cy aligned with international best practices. These regional initiatives reflect a growing trend towards enhanced data protection governance and may influence future refinements of DRC law, especially in light of cross-border data processing and digital co-operation within the region. 8.2 Geographical Scope tion technologies sector. Regional Frameworks The Digital Code governs digital activities and services carried out from or directed towards the territory of the DRC, by any natural or legal per -
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