Financial Crime World

Gabon’s Personal Data Protection Act (Law No. 025/2021): A Comprehensive Overview

The Gabonese Republic has recently enacted the Personal Data Protection Act (Law No. 025/2021), which aims to protect the rights and freedoms of individuals with regards to their personal data. In this article, we will provide a detailed overview of the key provisions of the law, including its requirements for data protection, enforcement mechanisms, electronic marketing regulations, and online privacy guidelines.

Data Protection

The Personal Data Protection Act requires data controllers to obtain the express consent of data subjects before processing their personal data. This ensures that individuals have control over how their information is used and shared. Some key aspects of the law related to data protection include:

  • Right to access, correct, delete, and object: Data subjects have the right to request access, correction, deletion, or objection to the processing of their personal data.
  • Security and confidentiality measures: Data controllers must implement technical and organizational measures to ensure the security and confidentiality of personal data.

Enforcement

The law establishes an Authority for the Protection of Personal Data (APDPVP) responsible for enforcing data protection regulations. The APDPVP may impose penalties, including fines, warnings, and temporary or definitive suspension of data processing activities. Penalties are proportionate to the severity of the infringement.

Some key aspects of the law related to enforcement include:

  • Authority for the Protection of Personal Data: The APDPVP is responsible for enforcing data protection regulations.
  • Penalties for non-compliance: The APDPVP may impose penalties, including fines, warnings, and temporary or definitive suspension of data processing activities.

Electronic Marketing

The Personal Data Protection Act requires electronic marketing to obtain the express consent of the recipient. Data subjects have the right to object to the use of their personal data for marketing purposes at any time. Consent can be withdrawn by the data subject, and the marketer must respect this request.

Some key aspects of the law related to electronic marketing include:

  • Express consent required: Electronic marketing requires the express consent of the recipient.
  • Right to object: Data subjects have the right to object to the use of their personal data for marketing purposes at any time.

Online Privacy

The Personal Data Protection Act does not provide specific rules governing cookies and location data. However, data controllers must implement technical and organizational measures to preserve the security and confidentiality of personal data.

Some key aspects of the law related to online privacy include:

  • No specific rules for cookies and location data: The law does not provide specific rules governing cookies and location data.
  • Security and confidentiality measures: Data controllers must implement technical and organizational measures to preserve the security and confidentiality of personal data.