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Gabonese Republic’s Personal Data Act: Key Provisions and Enforcement

The Gabonese Republic has enacted Law No. 025/2021 of 28/12/2021 to establish a framework for protecting individuals’ personal data in various contexts, including electronic marketing and online activities.

General Provisions

The law establishes the Authority for the Protection of Personal Data and Privacy in the Private Sector (APDPVP) to ensure compliance with data protection regulations. The key provisions of this law are:

  • Establishes the APDPVP as a regulatory body responsible for assessing and imposing penalties on data controllers who fail to comply with data protection obligations.
  • Outlines the responsibilities and powers of the APDPVP in enforcing data protection laws.

Enforcement

The APDPVP has the authority to conduct inspections and investigations to ensure compliance with data protection regulations. Key enforcement provisions include:

  • Members of the APDPVP and authorized officials have access to premises used for processing personal data, accompanied by Judicial Police officers.
  • The Public Prosecutor must be informed in advance of inspection missions.
  • Penalties for non-compliance include warnings, formal notices, financial penalties, temporary suspension from collecting and processing personal data, and fines.

Electronic Marketing

The law applies to electronic marketing activities that involve the use of personal data. Key provisions related to electronic marketing are:

  • Express consent is required from recipients before sending commercial communications.
  • Data subjects have the right to object to the use of their personal data for marketing purposes.

Online Privacy

The law does not provide specific rules for governing cookies and location data. However, data controllers must implement technical and organizational measures to preserve the security and confidentiality of data.

Overall, the Gabonese Republic’s Personal Data Act aims to establish a framework for protecting individuals’ personal data in various contexts, including electronic marketing and online activities.