Togo - Octopus Cybercrime Community

Status regarding Budapest Convention

Status : NA See legal profile

Cybercrime policies/strategies

Togo does not have a dedicated cyber policy/strategy in place. However, the Ministry of Post and Digital Economy has developed the Policy Declaration of the Digital Economy Sector for 2018-2022, with four strategic axes:

Develop local, national and international infrastructure;
Promote the diffusion of ICT in the economy and increase ICT use in the neediest areas;
Strengthen competition across all market segments; and
Ensure national digital sovereignty, including cybersecurity and protection of citizens.

Cybercrime legislation

State of cybercrime legislation

In June 2017, the National Assembly adopted a new legal framework, a Law on Orientation in the Information Society, and a Law on Electronic Transactions. The law on orientation in the Information Society contains policy elements on the security of information and a secure and resilient cyberspace. The objective of the adopted legal instruments is to ensure the confidence of citizens in ICTs.

In 2018 the Law on Cybersecurity and the Fight against Cybercrime (Loi N° 2018 - 026 du 07/12/18 sur la cybersécurité et la lutte contre la cybercriminalité) came into force.

Substantive law

The Law on Cybersecurity and Fight against Cybercrime of 2018 covers some of the substantive offences, such as illegal access, data and interference, as well as offences of child pornography.

Procedural law

Several procedural powers have been integrated in the Law on Cybersecurity and Fight against Cybercrime covering Search and seizure of stored computer data (Article 42, Article 43), Interception of content data (Article 44), while the Criminal Procedure Code does not contain procedural powers corresponding to the Budapest Convention.