Loi n° 027/2023 du 11 juillet 2023 portant réglementation de la cybersécurité et de la lutte contre la cybercriminalité en République Gabonaise (Law No. 027/2023 of 11 July 2023 on the regulation of cybersecurity and the combating of cybercrime)

Law No. 027/2023 of 11 July 2023 on the regulation of cybersecurity and the combating of cybercrime is Gabon's current principal instrument governing both the protection of its digital environment and the prosecution of cyber offences. Adopted by the National Assembly on 29 June 2023 and transmitted to the Senate on 4 July 2023, it expressly repeals all earlier contrary provisions and replaces Ordinance No. 15/PR/2018 of 23 February 2018, which had previously regulated cybersecurity and cybercrime and criminalised unauthorised access to and unlawful dissemination of computer data. The law is structured in two main parts. It first sets out the institutional framework for cybersecurity and the fight against cybercrime, identifying the ministries and public institutions involved and allocating responsibilities for the protection of electronic communications networks, information systems and critical infrastructure. It then sets out, on the one hand, measures relating to cybersecurity (including obligations on operators and the protection of sensitive and critical systems) and, on the other, the substantive and procedural law of cybercrime. On the cybercrime side, the law continues and modernises the offences established under the 2018 ordinance. It criminalises offences against the confidentiality, integrity and availability of computer systems and data, such as unauthorised access, interference with systems and data, and unlawful interception, as well as computer-related fraud and forgery and offences relating to illicit content, including the protection of minors in cyberspace and the protection of privacy. The 2018 framework had already addressed the security of electronic communications networks and information systems, electronic transactions, privacy and the protection of minors, and the 2023 law carries these objectives forward within an updated institutional structure. Procedurally, the law provides for the investigation and prosecution of cyber offences through Gabon's criminal-justice institutions, supported by the designated cybersecurity bodies, and provides a basis for the preservation and collection of electronic evidence. Operating alongside Gabon's personal data protection regime (Law No. 001/2011, as amended), Law No. 027/2023 is the country's up-to-date legal foundation for cybersecurity governance and cybercrime enforcement.

1. 1Current cybersecurity-and-cybercrime statute (adopted 29 June 2023; Law No. 027/2023 of 11 July 2023); expressly repeals and replaces Ordinance No. 15/PR/2018
2. 2Establishes the institutional framework, allocating cybersecurity and anti-cybercrime responsibilities across ministries and public institutions
3. 3Sets out cybersecurity measures, including obligations on operators and protection of critical and sensitive information systems
4. 4Criminalises offences against the confidentiality, integrity and availability of systems and data (unauthorised access, system/data interference, unlawful interception) and computer-related fraud and forgery
5. 5Addresses illicit content, protection of minors in cyberspace and protection of privacy
6. 6Provides for investigation, prosecution and collection of electronic evidence through the criminal-justice system and designated cybersecurity bodies