N ATIONAL R EGULATION ICT AND E- COMMERCE IN THE G AMBIA Presented By: Sanusi Drammeh (ICT Officer), MOICI Yahya Samateh (Senior Economist), MOTIE

I NTRODUCTION INFORMATION AND COMMUNICATIONS ACT, 2009 AN ACT to provide for the re-structuring, development, and regulation of the information and communications sectors in The Gambia and for matters connected therewith

ICT P ROFILE Domestic Telephone lines: combined fixed-line and mobile- cellular teledensity, aided by four (4) mobile-cellular providers, is roughly 80 per 100 persons Mobile and Internet facts: 85% mobile coverage in 2010, and the number of mobile phone subscribers increased 264-fold to 1.47 million between 2000 and  Internet access increased ten-fold from 0.92 per 100 individuals in 2000, to 9.2 individuals per 100 in  We have six (6) ISPs

IC ACT 2009: E -C OMMERCE & E LECTRONIC T RANSACTIONS Functions of the Ministry; 1. (a) facilitate electronic communications by means of reliable electronic records; (b) facilitate electronic commerce and eliminate barriers to electronic commerce resulting from uncertainties over writing and signature requirements;

IC ACT 2009: E -C OMMERCE & E LECTRONIC T RANSACTIONS C ONT. (c) promote public confidence in the integrity and reliability of electronic records and electronic transactions; (d) foster the development of electronic commerce through the use of electronic signatures to lend authenticity and integrity to correspondence in any electronic medium;

IC ACT 2009: E -C OMMERCE & E LECTRONIC T RANSACTIONS C ONT. (e) facilitate access to e-government services; and (f) minimize the incidence of forged electronic records and fraud in electronic commerce and other electronic transactions;

PROCESSING OF PERSONAL DATA & PROTECTION OF PRIVACY Principles Operators have authority to process personal data of end user or subscribers Intercept: The national security agencies and investigating authorities may monitor, intercept and store communications. Measures to ensure privacy of communications: Service providers can block any unauthorized attempt to intercept, store or monitor transmitted communication related to traffic data. Use of communications for direct marketing: Use of communications for direct marketing is subject to the consent of the subscriber

PROCESSING OF PERSONAL DATA & PROTECTION OF PRIVACY C ONT. Unsolicited goods, services or communications: A person who sends unsolicited commercial communications to consumers, shall provide the consumer with- (a ) the option to cancel his or her subscription to the mailing list of that person; and (b) the identifying particulars of the source from which that person obtained the consumer’s personal information, on request of the consumer Unsolicited calls for direct marketing purposes: A person shall not use, or instigate the use of, a public communications service for the purposes of making unsolicited calls for direct marketing purposes

COMPUTER MISUSE & CYBER CRIME Unauthorized access to computer data: A person who causes a computer system to perform a function, knowing that the access he or she intends to secure is unauthorized, commits an offence Unauthorized access to and interception of computer service: A person who intercepts or causes to be intercepted, directly or indirectly, any function of, or any data within a computer system commit an offence

COMPUTER MISUSE & CYBER CRIME CONT. Publishing of Information which is obscene in electronic form: A person who publishes or transmits or causes to be published in electronic form, any material which is lascivious or appeals to the prurient interest, or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied therein, commits an offence Computer-related extortion, fraud and forgery

PROTECTION OF CHILDREN Indecent photographs of children: A person who takes or permits to be taken or to make, distributes, in possession, publishes or causes to be published indecent photograph or pseudo-photograph of a child has commit an offence. Deletion order:

ELECTRONIC RECORDS & ELECTRONIC SIGNATURES Sphere of application Legal recognition of data messages Incorporation by reference Requirement for writing Other requirements Retention Retention of information in original form Production of document or information Expression of intent or other statement Attribution of electronic record and signature Effect of change or error

ELECTRONIC RECORDS & ELECTRONIC SIGNATURES C ONT. Acknowledgement of receipt of electronic message Admissibility and evidential weight of data messages Signatures Recognition of foreign certificates and electronic signatures Notarization, acknowledgement and certification Equal treatment of signature technologies Conduct of a person relying on an electronic signature Conduct of the certification service provider Trustworthiness Generating key pair Acceptance of certificate Control of private key Initiating suspension or revocation

ELECTRONIC TRANSACTIONS Formation and validity of contracts Automated transactions Variation by agreement between parties Time of dispatch Time of receipt Place of dispatch and receipt Information to be provided Cooling-off period Unsolicited goods, services or communications Performance Applicability of foreign law Non-exclusion

I SSUES & C HALLENGES Inadequate capacity for law enforcement agencies Level of awareness with regard to the IC Act that caters for e- Commerce, Cyber Crime and Electronic Transactions. Inadequate financial resources to laws pertaining to e- Commerce. Level of Comprehension of the law governing e-Commerce and Electronic Transactions

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