Certification Authority
When a Certification Authority is non-compliant, the Agency may, after serving a warning on the structure for comment, prohibit the circulation of the means of cryptography concerned.
The prohibition of circulation shall be applicable throughout the national territory. It equally entails, for the provider, the obligation to withdraw:
- The means of cryptography whose circulation among commercial publishers was prohibited;
- Materials that constitute a means of cryptography and whose circulation was prohibited and that was acquired directly or through commercial publishers for a consideration.
The means of cryptography concerned could be put back into circulation once the previously obligations are fulfilled and duly ascertained by the Agency.
Security Audits
Agency personnel and experts of corporate bodies in charge of security audits who without any authorization, disclose confidential information they are privy to on the occasion of a security audit shall be punished with imprisonment for from three (3) months to three (3) years and a fine of from 20,000 (twenty thousand) to 100,000 (One Hundred Thousand) CFA Francs.
Refusal to comply with the summons of authorized officials shall be punished with imprisonment for from three (3) months to four (4) years.
Whoever, by any means whatsoever, obstructs, gives incitement to resist or prevent the conduct of the investigation or refuses to provide information or documents related thereto shall be punished with imprisonment for from one (1) to five (5) years or a fine of from 100,000 (One Hundred Thousand Francs) to 1,000,000 (One Million Francs) CFA or both of such fine and imprisonment.
Publisher
Whoever presents the illicit content or activity so as to cause the withdrawal or stop the publication thereof, knowing such information to be untrue, shall be punished with imprisonment for from one (1) to five (5) years and a fine of from 200,000 (two hundred thousand) to 2,000,000 (two million) CFA Francs.
The publisher, under pain of a fine of from 100,000 (One Hundred Thousand Francs) to 2,000,000 (Two Million Francs) shall be bound to insert within 48 hours of their reception, the response of any person designated in the electronic communication service.
The de jure or de facto manager of a corporate body exercising the activity which fails to conserve the information elements shall be punished with imprisonment for from 1 (one) to 5 (five) years and a fine of from 40,000 (forty thousand) to 4,000,000 (four million) CFA Francs.
The de jure or de facto manager of a corporate body exercising the activity who fails to comply with the provisions of the law shall be liable to same sanctions above.
Corporate Bodies
Corporate bodies shall be criminally liable for offences committed on their account by their management structures.
The criminal liability of corporate bodies shall not preclude that of natural persons who commit such offences or are accomplices.
The penalties to be mete out on defaulting corporate bodies shall be fines of from 5,000,000 (five million) to 50,000,000 (fifty million) CFA francs. These penalties may equally be added to it:
- Dissolution in case of a crime or felony punishable with respect of natural persons with imprisonment of 03 (three) years and above and where the corporate body has departed from its declared object to aid and abet the incriminating acts;
- Definitive prohibition or temporary prohibition for a period not less than 5 (five) years, from directly or indirectly carrying out one or more professional or corporate activities;
- Temporary closure for a period of not less than 5 (five) years under the conditions laid down in section 34 of the Penal Code of the establishments or one or more establishments of the company that was used to commit the incriminating acts;
- Barring from bidding for public contracts either definitively or for a period of not less than 5 (five) years etc.
Disturbance and Disruption of the Functioning of Electronic Communication Network or Terminal Device
Causing serious disturbance or disruption of the functioning of an electronic communication network or terminal equipment by introducing, transmitting, changing, deleting or altering data shall constitute a breach of the integrity of an electronic communication network or an information system and shall be punishable in line with Section 66 of the law.
Fraudulent Gains
Whoever fraudulently gains access or remains in all or part of an electronic communication network or an information system by transmitting, destroying, causing serious disturbance or disruption to the functioning of the said system or network shall be punished with imprisonment for from 5 (five) to 10 (ten) years or a fine of from 10,000,000 (ten million) to 50,000,000 (fifty million) or both.
Access in Violation of Security Measures
Whoever accesses all or part of an electronic communication network, an information system or terminal equipment without authorization and in violation of security measures in order to obtain information or data relating to an information system connected to another information system shall be punished with imprisonment for from 5 (five) to 10 (ten) years or a fine of from 10,000,000 (Ten Million) to 100,000,000 (One Hundred Million) CFA Francs or both.
Saturation of an Electronic Communication Network Device or Information System
Whoever causes through saturation, the attack of an electronic communication network device or an information system with the intention to cause its collapse thus preventing it from rendering the expected services, shall be punished with a fine of from 1,000,000 (One Million) to 5,000,000 (Five Million) CFA Francs or both.
Introduction of Data without Permission
Whoever without permission introduces data into an information system or an electronic communication network in order to delete or change the data contained therein, shall be punished with imprisonment for from 2 (two) to 5 (five) years and a fine of from 1,000,000 (One Million) to 25,000,000 (Twenty-Five Million) CFA Francs.
Counterfeit Communication Network
Whoever uses an information system or a counterfeit communication network to falsify payment, credit or cash withdrawal card or uses or attempts to use, in full knowledge of the facts, a counterfeit or falsified payment, credit or withdrawal card shall be punished with imprisonment for from 2 (two) to 10 (ten) years and a fine of from 25,000,000 (Twenty-Five Million) to 50,000,000 (Fifty Million) Francs CFA or both.
Device to receive Privacy of a Third Party
Whoever uses any device to receive the privacy of another person by attaching, recording or transmitting private or confidential electronic data without the consent of their authors shall be punished with imprisonment for from 1 (one) to 2 (two) years and a fine of from 1,000,000 (One Million) to 5,000,000 (Five Million) CFA Francs.
Negligence in Processing Personal Data
Whoever, even through negligence processes or causes the processing of personal data in violation of the conditions precedent to their implementation shall be punished with imprisonment from 1(one) to 3 (three) years and a fine of from 1,000,000 (One Million) to 5,000,000 (Five Million) CFA Francs or both.
Illegal Means to Collect Personal Data
Whoever uses illegal means to collect the personal data of another in order to invade his or her privacy and undermine his or her self esteem shall be punishable with imprisonment for from 6 9six) months to 2 (two) years or a fine of from 1,000,000 (One Million) to 5,000,000 (Five Million) CFA Francs or both.
Keeping information in works beyond the Legal Time Limit
Whoever keeps information in works or in figures beyond the legal time-limit specified in the application for a prior opinion or declaration for use of data processing shall be punished with imprisonment for from 6(six) months to 2 (two) years or a fine of from 5,000,000 (five million) to 50,000,000 (Fifty Million) CFA Francs or both.
Publishing Images that undermine Bodily Integrity of a Third Party
Whoever for financial gain, records or publishes images that undermine the bodily integrity of another person through electronic communications or an information system without the consent of the person concerned shall be punished with imprisonment for from 2 (two) years to 5 (five) years or a fine of from 1,000,000 (One Million) to 5,000,000 (Five Million) CFA Francs.
Child Pornography
Whoever uses electronic communications or an information system to design, carry or publish a chilc pornography message or a message likely to seriously injure the self-respect of a child shall be punished with imprisonment for from 5 (five) years to 10 (ten) years or a fine of from 5,000,000 (Five Million) to 10,000,000 (Ten Million) CFA Francs or both.
Contempt of Race and Religion
Whoever uses electronic communication or an information system to act in contempt of race or religion shall be punished with imprisonment for from 2 (two) years to 5 (five) years or a fine of from 2,000,000 (Two Million) to 5,000,000 (Five Million) CFA Francs or both.
Publishing False Information
Whoever uses electronic communications or an information system to design, to publish or propagate a piece of information without being able to attest its veracity or prove that the said piece of information was true shall be punished with imprisonment for from 6 (six) months to 2 (two) years or a fine of from 5,000,000 (Five Million) to 10,000,000 (Ten Million) CFA Francs or both.
Private Acts of Indecency
Penalties against private acts of indecency set forth in Section 295 of the Penal Code shall be punished with imprisonment for from 5 (five) years to 10 (ten) years or a fine of from 5,000,000 (five million) to 10,000,000 (Ten Million) CFA Francs where the victim has been put in contact with the author of the said acts using electronic communication or an information system.
Acts of Paedophilia on Minor
Whoever for consideration or free of charge, uses electronic communications or an information system to publish, attach, record or transmit an image showing acts of paedophilia or a minor shall be punished with imprisonment for from 1 (one) to 5 (five) years or a fine of from 5,000,000 (Five Million) to 10,000,000 (Ten Million) CFA Francs or both.
Whoever keeps an image or picture portraying paedophilia in an electronic communication network or an information system shall be punished with imprisonment from from 1 (one) to 5 (five) years or a fine of from 5,000,000 (Five Million) to 10,000,000 (Ten Million) CFA Francs or both.
Sexual Proposal to Same Sex
Whoever uses electronic communication devices to make sexual proposal to a person of the same sex shall be punished with imprisonment for from 1 (one) to 2 (two) years or a fine of from 500,000 (Five Hundred Thousand) to 1,000,000 (One Million) CFA Francs or both.
Fraudulently Deletes Electronic Messages of a Third Party
Whoever fraudulently becomes acquainted with, delays access to or deletes electronic messages addressed to another shall be punished with imprisonment for from 6 (six) months to 2 (two) years of a fine of from 500,000 (five Hundred Thousand) to 1,000,000 (One Million) CFA Francs or both.
Secret Coding used to Commit a Crime
Whoever, knowing about the secret decoding convention, a cryptographic means likely to have been used to prepare, facilitate or commit a crime or felony, refuses to hand over the said convention to judicial authorities or to use it upon request by such authorities shall be punished with imprisonment for from 1 (one) to 5 (five) years or a fine of from 1,000,000 (One Million) to 5,000,000 (Five Million) CFA Francs or both.