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DIGITAL ECONOMY
According to the 2019 Report on the electronic communications market, the sector recorded a turnover of XOF 762.89 billion in 2019, compared to XOF 729.38 billion in 2018.
The adoption by the Economic Community of West African States (ECOWAS) and the West African Economic and Monetary Union (UEMOA) of additional acts (Additional Act A/SA 1/01/07 of January 19, 2007 relating to the harmonization of policies and regulatory frameworks for the Information and Communication Technology (ICT) sector) and directives (Directive No. 02/2006/CM/UEMOA relating to the harmonization of regimes applicable to network operators and service providers) has to some extent harmonized the national legislative and regulatory frameworks applicable to the information and communication technology sector and established dynamic and competitive sub-regional common markets.
These acts were transposed into Senegalese national law by Law No. 2011-01 of February 24, 2011, which repealed and replaced Law No. 2001-15 of December 27, 2001, as amended by Law No. 2006-02 of January 4, 2006.
Law No. 2017-13 of January 20, 2017, amending Law No. 2011-01 of February 24, 2011, on the Telecommunications Code, subsequently introduced a new regime for Internet service providers, now subject to authorization rather than a license to make the procedure more flexible and to facilitate access to and use of high-speed Internet services and promote the growth of a competitive and inclusive digital economy.
At present, the telecommunications sector is governed, among other things, by Law No. 2018-28 of December 12, 2018, on the Electronic Communications Code in Senegal.
Indeed, the 2011 law was the framework for the internationalization of the community legal standards of UEMOA and ECOWAS. After seven (7) years of testing, technological evolution has rendered some of these provisions obsolete and necessitated their review. This is why the legislature adopted Law No. 2018-12 on the Electronic Communications Code. It aims, in particular, to:
- strengthen the central role of telecommunications/ICT and the digital economy in Senegal’s development strategy;
- contribute to the implementation of the “Digital Senegal” strategy;
- enable the harmonious development of ecosystem actors by ensuring the provision of quality electronic communications services.
Furthermore, in this same perspective of promoting telecommunications, Senegal adopted the Law No. 2020-01 of January 6, 2020, relating to the creation and promotion of startups in Senegal.
This law aims to establish a specific incentive framework for the creation and promotion of startups in the country. It provides for the creation of a specific support and governance framework for Senegalese startups, the establishment of an adapted legal framework for the registration and labeling of Senegalese startups. The law also aims to create a resource center dedicated to Senegalese startups, with the aim of facilitating labeling procedures and the effectiveness of the support mechanisms in place. It intends to establish a set of relevant incentive measures that align with the imperative of promoting and supporting the development of the Senegalese startup.
Postal services activities have been regulated in Senegal since 2006 by the Postal Code and the regulation of this sector is ensured by the Telecommunications and Postal Regulation Authority (ARTP).
INSTITUTIONAL ACTORS
He sets the policy and oversees the development of the digital economy and telecommunications sectors. He creates a favorable environment for wealth and job creation in the electronic communications and ICT sector.
MINISTRY OF DIGITAL ECONOMY AND TELECOMMUNICATIONS
Under the authority of the President of the Republic, the Minister of Digital Economy and Telecommunications prepares and implements the policy defined by the Head of State in the areas of digital economy and telecommunications.
- Under the Digital Economy title
He is responsible for:
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- Developing sector policies and ensuring their execution, initiating all text projects and ensuring their application,
- Implementing strategies and action plans for the development of a digital environment,
- Promoting access to digital networks for all citizens by ensuring access to high-speed internet and ensuring the country’s transition to digital broadcasting, etc.
- Under Telecommunications title
- He ensures the development of a high-performing telecommunications sector, widely accessible to all audiences, and ensures that telecommunications means cover the entire national territory.
- Excluding the missions devolved to the Telecommunications Regulatory Authority and the State IT Agency, he ensures the implementation of a policy promoting information and communication technologies.
- Under the Post title
- He ensures the development and smooth operation of the public postal service. He is responsible for the proper routing of mail throughout the national territory and guarantees universal service access to all.
PRIVATE OPERATORS
LICENSE HOLDERS
Senegal’s leading telecommunications operator with a turnover of 496 billion CFA francs in 2020 (Groupe Sonatel ANNUAL REPORT 2020).
It benefits from a concession agreement for a duration of 20 years by decree n°97-715 of July 19, 1997. The convention was renewed by decree n°2016-1081 of August 3, 2016 for a period of 17 years from August 9, 2017, by being awarded 4G frequencies.
Named Free, it obtained a GSM 800-DCS 1800 mobile telephony license for a duration of twenty years on July 3, 1998.
In July 2012, the operator obtained a global license for a period of 10 years and can now have its own international infrastructure, develop 3G services and fixed-line telecommunications services.
A subsidiary of the EXPRESSO TELECOM group headquartered in Dubai.
INTERNET ACCESS PROVIDERS (IAP)
The Senegalese telecommunications market has six (06) internet access providers:
- The three (03) operators (SONATEL SA, SAGA AFRICA HOLDINGS LIMITED, and EXPRESSO SENEGAL)
who, by the scope of their license, are the main internet access providers throughout the national territory
- the three internet access providers (WAW SAS, ARC INFORMATIQUE et AFRICA ACCESS)
selected following a call for tenders for the exclusive provision of Internet services in well-defined areas of the national territory under a ten-year concession.
Note: Each concessionaire has a lot of five regions in their specifications (Dakar and four others).
- The lot for WAW SAS covers Dakar, Thiès, Diourbel, Tambacounda, and Kédougou;
- The lot for ARC INFORMATIQUE covers Dakar, Louga, Saint-Louis, Fatick, Kaolack, and Kaffrine;
- The lot for AFRICA ACCESS covers Dakar, Ziguinchor, Sédhiou, Kolda, and Matam.
MOBILE VIRTUAL NETWORK OPERATORS (MVNOs)
The State of Senegal has awarded three licenses to virtual mobile network operators in response to a call for applications. These are GFM, SIRIUS TELECOM SA, and ORIGINES SA, which respectively rely on the SONATEL SA, SAGA AFRICA HOLDINGS LIMITED, and EXPRESSO SENEGAL networks.
As MVNOs do not have their own radio network, they use those of publicly available network operators.
The licensed operator provides wholesale communication minutes to allow MVNOs to offer mobile communication services to their subscribers.
VALUE-ADDED SERVICE PROVIDERS
In practice, the types of services offered in the SVA market are:
‐ Information services: directory inquiries, news, sports, job alerts, etc.;
‐ Personalization services: RBT, ringtones, logos, games, etc.;
Payment services: banking (IVR, SMS, USSD), e-Wallet, etc.;
Download services: audio, image, video content;
Other services: voting, interactivity (SMS2TV, TV shows, radio), social networks, notifications, etc.
The commercial exploitation of a value-added service is subject to the declaration regime in accordance with Article 66 of the Electronic Communications Code.
In 2018, the SVA market had 238 declared actors registered with the ARTP, consisting of operator subsidiaries, small and medium-sized enterprises (SMEs) specializing in ICTs, media companies (TV, radio), digital solution providers, as well as banks and insurance companies.
REGULATORY AUTHORITY AND CONTROL BODIES
TELECOMMUNICATIONS AND POSTS REGULATORY AUTHORITY (ARTP)
The regulation of the electronic communications sector is ensured by an independent administrative authority called the Telecommunications and Posts Regulatory Authority (ARTP).
It ensures the application of the legislation and regulation applicable to the communications sector and ensures compliance with the provisions of the aforementioned law.
The National Digital Council plays an advisory role. It is responsible for studying and giving its opinion to the government on the issues presented to it, including
- the implementation of choices and policy orientations, national programs and projects in the fields of electronic communications and the digital economy.
- The Council also makes proposals, advice, recommendations, and opinions on issues related to electronic communications and the digital economy, as well as on public and private projects and initiatives aimed at developing and promoting the digital economy in all sectors.
COMMISSION FOR THE PROTECTION OF PERSONAL DATA
It is responsible for guaranteeing respect for privacy in the processing of personal data under the conditions set out in Law No. 2008-12 of February 28, 2008, on the protection of personal data.
COMMITTEE FOR THE MANAGEMENT OF THE TELECOMMUNICATIONS UNIVERSAL SERVICE DEVELOPMENT FUND
It is responsible for managing and implementing the telecommunications universal service development fund.