African Union Legal Instrument
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State Parties shall take the necessary legislative measures to ensure that a
legal person held liable pursuant to the terms of this Convention is
punishable by effective, proportionate and dissuasive sanctions, including
criminal fines.
Other criminal sanctions
a)
State Parties shall take the necessary legislative measures to ensure that in
the case of conviction for an offense committed through a digital
communication medium, the competent court may hand down additional
sanctions;
b)
State Parties shall take the necessary legislative measures to ensure that in
the case of conviction for an offence committed through a digital
communication medium, the judge may in addition order the mandatory
dissemination, at the expense of the convicted person, of an extract of the
decision, through the same medium, and according to modalities prescribed
by the law of Member States;
c)
State Parties shall take the necessary legislative measures to ensure that a
breach of the confidentiality of data stored in a computer system is
punishable by the same penalties as those applicable for breaches of
professional secrecy.
Procedural law
a)
State Parties shall take the necessary legislative measures to ensure that
where the data stored in a computer system or in medium where
computerized data can be stored in the territory of a State Party, are useful
in establishing the truth, the court applied to may carry out a search to
access all or part of a computer system through another computer system,
where the said data are accessible from or available to the initial system;
b)
State Parties shall take the necessary legislative measures to ensure that
where the judicial authority in charge of investigation discovers data stored
in a computer system that are useful for establishing the truth, but the
seizure of the support does not seem to be appropriate, the data as well as
all such data as are required to understand them, shall be copied into a
computer storage medium that can be seized and sealed, in accordance
with the modalities provided for under the legislations of State Parties;
c)
State Parties shall take the necessary legislative measures to ensure that
judicial authorities can, for the purposes of investigation or execution of a
judicial delegation, carry out the operations provided for under this
Convention;