DEMOCRATIC REPUBLIC OF CONGO Law and Practice Contributed by: Salvatrice Bahindwa, Concorde Akonkwa and David Djunga, LegalterLaw
Only after this consultation may the employer submit a request for authorisation to dismiss on economic grounds to the Minister of Labour and Employment,
right, particularly for cultural, scientific or educational purposes, as well as the requirement to obtain author - isation for certain reproductions or publications. The procedure for filing or renewing trade marks is comparatively protracted, typically requiring between three and six months for completion. At present, no specific regulations exist pertaining to works generated by AI. 11.3 Data Protection and Privacy Considerations Personal data protection is governed by Ordinance- Law No 23-010 of 13 March 2023 establishing the Digital Code. This legislation regulates the collection, processing, storage and protection of personal data. The Digital Code, in its personal data protection sec - tion, has extraterritorial scope. It applies to data pro - cessing carried out abroad when targeting the Demo - cratic Republic of Congo. This means that a foreign investor, even operating from their own jurisdiction, is subject to this regulation if their data processing targets the Congolese market. The supervisory authority is currently provided by the Authority for Posts, Telecommunications and Infor - mation and Communication Technologies (ARPTIC), pending the effective establishment of the Data Pro - tection Authority. This authority has broad powers. • Regulatory, advisory and authorisation powers. • Investigation and control powers. • Administrative and pecuniary sanction powers (fines). • Information and awareness-raising powers. • International co-operation. • Monitoring of cross-border data transfers. The penalties provided for are significant and can far exceed direct economic losses. • Fines ranging from USD4,000 to USD98,000 for violations without serious impact. • Fines corresponding to 5% of annual turnover excluding tax in the event of a violation resulting in death or attempted murder of one or more per - sons.
accompanied by certain documents: • the company’s financial statements;
• the list of employees ordered according to the redundancy criteria set out in the Labour Code; • the list of positions to be eliminated; and • the minutes of the extraordinary consultation meet - ing with the workers’ representatives. The employer then obtains either a formal authorisa - tion from the Minister of Labour by ministerial decree or a deemed authorisation by legal presumption if the Minister fails to respond within 45 days from the date of acknowledgement of receipt of the authorisation request. Failure to comply with these formalities may result in the annulment of the dismissals by the labour tribunal, and the employer may be ordered to pay compensa - tion for unfair dismissal equivalent to 36-months’ sal - ary of the employees’ last remuneration. 11. Intellectual Property and Data Protection 11.1 Intellectual Property Considerations for Approval of FDI Intellectual property (IP) is not an explicitly central cri - terion in the FDI controls in the Democratic Republic of Congo. However, foreign investors are required to fully comply with Congolese IP legislation, notably Law No 86-033 of 5 April 1986, which protects copy - right and related rights. Compliance with these rules is essential to ensure the legality of activities and to avoid any disputes related to IP. 11.2 Intellectual Property Protections The DRC maintains a structured legal framework for the protection of IP, notably through Act 86-033 of 5 April 1986 governing industrial property, together with its implementing regulations. Copyright is duly recognised and protected therein, with explicit provisions concerning intellectual works. The legislation further stipulates limitations to copy -
210 CHAMBERS.COM
Powered by FlippingBook