Tunisia

Legal framework for protecting data and consumers | Legal framework for protecting consumers against spam | Legal framework for distance selling

Legal framework for protecting data and consumers

Regulations

According to Article 9 of the Tunisian Constitution, the inviolability of the home, the confidentiality of correspondence and the protection of personal data are guaranteed, except in exceptional cases provided for by the law.

On 27 July 2004, the Chamber of Deputies voted an organic law on the protection of personal data. This law is largely inspired by the European Directive of 1995 on the "protection of individuals with regard to the processing of personal data and on the free movement of such data" but it does not seem to guarantee the same level of protection.

The aim of the new law is to bring together the necessary guarantees so that the processing of personal data takes place while preserving a balance between the progress made by modern means of communication and respect for privacy.

This law specifies all the essential notions such as personal data and the way of processing it, the mechanisms of protection and guarantee for the citizen as well as the mission and prerogatives of the national Commission for the protection of personal data.

Commissioners

The Ministry of Communication Technologies

Legal framework for protecting consumers against spam

Regulations

Tunisia has no anti-spam legislation.

Legal framework for distance selling

Regulations

The Tunisian distance selling sector is regulated by:
-Act n°98-40 of 2 June 1998, on Selling Techniques and Commercial Advertising in articles 27 to 34.
-Act n°2000-83 of 9 August 2000, on exchanges and electronic commerce.

Obligation to specify the adress to which the consumer can complain
Obligation to send the written details of the contract	Yes
Language of the contract
Time limit for the company to execute the contract
Time limit for the consumer to withdraw the contract	10 working days

Consumer associations

The Tunisian Organization for the defence of the consumer (ODC)

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Last updates: November 2007.