Data Protection in Chad

Electronic marketing in Chad

Sending of marketing communications is forbidden on principle unless the recipient agrees to it. 

Also, there are specific cases under which prior approval is not required: 

  • the recipient’s information was collected directly from him, in accordance with the provisions of the Act;
  • the recipient is already a customer of the company, the marketing messages relate to products or services that are similar to those previously provided, and the recipient is given the possibility of objecting to all messages sent to him;
  • if it clearly explained to the Data subjects where their data is collected that they have right to object, free of charge, to the processing of their Personal Data for electronic marketing;
  • when the electronic marketing concerns the data of legal personals which are not constitute personal data. 

(Article 49 of Act No. 008/PR/2015 on electronic transactions) 

Breach of the provisions of Personal Data Act including breach of electronic marketing provisions are subject to following administrative sanctions by ANSICE:

  • A warning to the data controller who does not comply with the obligations arising from the Law;
  • A formal notice to put an end to the breaches concerned within the time limit which it fixes;
  • Penalties in accordance with the observed shortcomings;
  • Interruption of treatment for a maximum of three years;
  • Blocking for a maximum of three months of certain processed personal data; or
  • Temporary or permanent prohibition of processing contrary to the provisions of the Act.

In addition, a judge can take the following sanctions in case of violation of provisions of Act No. 008/PR/2015 on electronic transactions including on its provisions relating to electronic marketing: 

  • Imprisonment from between 1-10 years; and
  • Fines between XAF 1 million to XAF 5 million. 

(Article 168 of Act No. 008/PR/2015 on electronic transactions)

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