Data Protection in Senegal

Enforcement in Senegal

The CDP have enforcement powers including:

  • Investigative powers: The CDP can conduct three types of investigation:
    • On-site inspections: In this case, the CDP may have access to any materials (servers, computers, applications, etc.) and any place (offices, buildings) in which personal data are processed.
    • Documentary inspections: These inspections allow the CDP to obtain disclosure of documents or files upon written request.
    • Hearing inspections: These inspections consist of interrogation in their offices or summoning representatives of Data Controllers to obtain any necessary information. 
  • Administrative fines for infringements of the Data Protection Act: The CDP has power to impose administrative fines for infringement of the Data Protection Act provisions. The fines should be fine between XOF 1 million and XOF 100 million.
  • Non-compliance with a data protection authority: Non-compliance with the CDP can lead to the following sanctions:
    • a warning;
    • an injunction to put an end to defaults within the time limit set by the Commission; or
    • a provisional withdrawal of the authorisation granted for a period of three months at the expiry of which the withdrawal becomes final.

In case of urgency, the CDP can: 

  • interrupt a processing for a duration that cannot exceed three months;
  • lock certain kinds of data for a duration that cannot exceed three months; or
  • prohibit, provisionally or definitively, data processing that does not comply with the Act.

(Article 29-31 of the Act)

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