Artificial Intelligence law at DR Congo
As of May 2025, the Democratic Republic of the Congo (DRC) does not have specific legislation dedicated to regulating artificial intelligence (AI). However, the country has made significant strides in establishing a legal framework for data protection, which indirectly impacts AI governance.
🇨🇩 Digital Code and Data Protection
In March 2023, the DRC introduced Ordinance-Law No. 23/010, known as the Digital Code. This legislation addresses various aspects of the digital landscape, including personal data protection. Title III of the Digital Code outlines provisions related to the collection, processing, and storage of personal data, aiming to safeguard individuals' privacy in the digital age. (Africa Data Protection)
A key component of the Digital Code is the establishment of a Data Protection Authority (DPA). While the DPA has not yet been operationalized, its intended role includes overseeing compliance with data protection regulations, issuing recommendations, conducting investigations, and imposing sanctions for non-compliance. The DPA is envisioned to function as an independent administrative authority with legal personality and administrative and financial autonomy. (Africa Data Protection)
📚 Sectoral Legal Texts and Constitutional Provisions
In addition to the Digital Code, the DRC's legal framework includes sector-specific laws and constitutional provisions that touch upon aspects of data protection and privacy:
Constitutional Protections: The Constitution of the DRC reaffirms the commitment to human rights and fundamental freedoms, establishing the state of law and democracy. While it does not explicitly address AI, it provides a foundation for privacy and data protection rights. (Rights Empower)
Telecommunications and ICT Draft Law: A draft law on telecommunications and information and communication technologies (ICT) includes provisions related to personal data protection. It defines personal data, outlines conditions for data processing, and emphasizes the confidentiality of communications. However, this draft law has not yet been enacted. (Rights Empower)
Criminal Code: The DRC's Criminal Code addresses offenses against private life, including violations of correspondence secrecy and the disclosure of professional secrets. These provisions can be applied to cases involving unauthorized data processing or breaches of privacy. (Rights Empower)
🌍 Regional and Continental AI Initiatives
While the DRC has not yet developed a national AI strategy, it is part of broader regional efforts to promote responsible AI governance:
African Union (AU) Continental AI Strategy: The AU's Continental Artificial Intelligence Strategy, endorsed in July 2024, aims to promote ethical, responsible, and equitable AI practices across Africa. The strategy encourages member states, including the DRC, to develop national AI strategies and governance frameworks. (Home | White & Case LLP, Home)
UNESCO's AI and Rule of Law Training: UNESCO has supported training programs for judicial operators in the Republic of the Congo (not to be confused with the DRC) to enhance understanding of AI's implications on human rights and the rule of law. These initiatives serve as models for other African nations, including the DRC, to consider in their AI governance efforts. (UNESCO)
✅ Summary
National AI Legislation: The DRC does not have specific laws regulating AI.
Data Protection Framework: The Digital Code, enacted in 2023, provides a legal basis for data protection, with an anticipated Data Protection Authority to oversee compliance.(Africa Data Protection)
Sectoral Laws: Existing laws address aspects of data protection and privacy, though they are not comprehensive.
Regional Initiatives: The DRC is encouraged to align with the African Union's Continental AI Strategy and other regional efforts to develop responsible AI governance frameworks.
While the DRC has laid the groundwork for data protection, the absence of specific AI legislation indicates the need for targeted policies and regulations to address the unique challenges and opportunities presented by artificial intelligence.
RELATED Blog
0 comments