African Union Legal Instrument

CHAPTER I:

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ELECTRONIC TRANSACTIONS

Section I: Electronic Commerce
Article 2: Scope of application of electronic commerce
1.

Member States shall ensure that e-commerce activities shall be exercised freely
in all State Parties ratifying or acceding to this Convention except :
a)
b)
c)

2.

Gambling, even in the form of legally authorized betting and lotteries;
Legal representation and assistance activities;
Activities exercised by notaries or equivalent authorities in application of
extant texts.

Without prejudice to other information obligations defined by extant legislative
and regulatory texts in African Union Member States, State Parties shall ensure
that any person exercising e-commerce activities shall provide to those for whom
the goods and services are meant, easy, direct and uninterrupted access using
non-proprietary standards with regard to the following information:
a)

Where a physical person is involved, the provider shall indicate his/her
name and where it is a legal person, its corporate name; its capital, its
registration number in the register of companies or associations;

b)

Full address of the place of establishment, electronic mail address and
telephone number;

c)

Where the person is subject to business registration formalities or
registration in the national directory of businesses and associations, the
registration number, the share capital and corporate headquarters;

d)

Where the person is subject to taxes, the tax identification number;

e)

Where his/her activity is subject to a licensing regime, the name and
address of the issuing authority, and the reference of the authorization;

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