National Assembly of the Republic of Djibouti Approves Digital Code
In Short
The Situation: The National Assembly of the Republic of Djibouti approved the Digital Code, which will reform the telecommunications and digital sector in Djibouti.
The Result: The Digital Code will enable all the provisions applicable to the digital sector to be integrated within a single code presented in an orderly and coherent manner, in order to reinforce the accessibility, legibility, and legal security of digital law in Djibouti. This approach aims to strengthen public trust in Information and Communication Technology ("ICT") services.
Looking Ahead: The adoption of the Digital Code is part of the Republic of Djibouti's commitment to promoting the development of its digital economy, in line with the road map for digital transformation and the Djibouti Vision 2035 initiative.
On June 30, 2025, the National Assembly of the Republic of Djibouti passed a law approving the Digital Code, which was developed by the Ministry in charge of Digital Economy and Innovation. The Digital Code focuses on:
- Electronic communications, to encourage the development of infrastructures and quality services (modernizing legal regimes, encouraging infrastructure sharing, and improving market regulation);
- Electronic tools, to establish a framework applicable to the tools needed to carry out dematerialized transactions, such as electronic writing and electronic signatures;
- Electronic commerce, to provide legal certainty for the conclusion of online contracts and strengthen confidence in digital services;
- Protection of personal data, to guarantee Djiboutian citizens and businesses a high level of protection for their personal data;
- Cybersecurity and cybercrime, to:
- Regulate the activities of Internet operators (online service providers, publishers of electronic public communication services, hosting, etc.) and certain service providers, particularly in the field of cryptology;
- Clearly identify online offences that can be punished, including breaches of information systems and networks; and
- Create a cybersecurity body responsible for implementing measures relating to cybersecurity, the defense of cyberspace and critical infrastructures, the implementation and monitoring of technical standards, and any issue relating to the development of cryptology resources or services in the Republic of Djibouti.
The provisions of the Digital Code are in line with regional and international best practice in ICT, electronic communications and personal data protection, and are consistent with existing national legislation.
The Djibouti Digital Code places the Republic of Djibouti among the most advanced countries on the African Continent in terms of digital regulation. Benin had led the way with the adoption of the Digital Code in 2017, and has since been followed by several African countries.
The exercise of codification in civil law offers the significant advantage of providing a comprehensive, systematic, and accessible body of rules, which enhances legal certainty and predictability. By consolidating and organizing the law into a coherent code, it reduces ambiguity and facilitates both the application and interpretation of legal norms.
The law approving Djibouti's Digital Code will now have to be promulgated by the president of the Republic, and published in the Journal Officiel.
Jones Day drafted the Republic of Djibouti's Digital Code and also drafted the Digital Code adopted by Benin in 2017.
Two Key Takeaways
- With a view to the economic efficiency of the law, this code creates a clear, effective legal framework adapted to the challenges of a globalized, constantly evolving economy.
- The Digital Code will comprise a legislative section, which is the subject of the law adopted on June 30, 2025, and will be supplemented by regulatory provisions to be adopted at a later stage.
