Cyber Law at São Tomé and Príncipe
São Tomé and Príncipe has made significant strides in developing its cyber law framework, focusing on cybersecurity, data protection, and digital governance. Here's an overview of the key legislative and strategic developments:
⚖️ Cybercrime Legislation
In 2017, São Tomé and Príncipe enacted the Cybercrime Law (Law No. 17/2017), which aligns with the Budapest Convention on Cybercrime. Key provisions include:
Substantive Offenses: Criminalizes activities such as illegal access, data interference, computer forgery, and cyber fraud.
Procedural Powers: Grants authorities the ability to preserve data, intercept communications, and conduct searches related to cybercrimes.
International Cooperation: Establishes a permanent contact point for cross-border collaboration on cybercrime matters.
🔐 Data Protection Law
The Personal Data Protection Law (Law No. 03/2016), enacted on May 10, 2016, regulates the processing of personal data, Key aspects include:
Notification Requirement:Entities must notify the National Data Protection Agency (ANPDP) before processing personal data
Cross-Border Transfers:Transfers of personal data outside the country require prior authorization from the ANPDP,
Penalties:Non-compliance can result in administrative fines ranging from USD 1,250 to USD 50,000
🛡️ National Cybersecurity Strategy (2024–2028)
In December 2023, São Tomé and Príncipe launched its National Cybersecurity Strategy (2024–2028), aiming to enhance digital security through:
Governance Establishing a Cybersecurity Committee and a National Cybersecurity Incident Response Center (CERT-STP.
Education Promoting cybersecurity awareness and digital literacy among citizens and businesse.
Legal Framework Updating laws on cybercrime, data protection, and digital identity.
International Cooperation Strengthening ties with other nations for collaborative efforts in cybersecurit.
🌐 International Engagement
In October 2023, São Tomé and Príncipe was invited to accede to the Budapest Convention on Cybercrime, reflecting its commitment to international cooperation in combating cybercrime
🏛️ Institutional Framework
**National Data Protection Agency (ANPDP)*: Oversees compliance with data protection laws and handles notifications related to data processng.
*Cybersecurity Committee: Coordinates national cybersecurity policies and assesses riks.
*CERT-STP: Responds to cybersecurity incidents and provides support to public and private entites.
📌 Summary
São Tomé and Príncipe is proactively developing its cyber law framework, focusing on enhancing cybersecurity, protecting personal data, and fostering international co-operation. The country's commitment to these areas is evident through its strategic initiatives and alignment with international standards.
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