Law / Benin

Loi n°2017-20 portant Code du Numérique en République du Bénin, Livre V, droits des personnes concernées

Loi n°2017-20 du 20 avril 2018, Livre V, arts. 399-401, 415-423, 437-445 et 447 (droits des personnes concernées)

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What follows is LexLint's own research summary of this law, not legal advice.

In force since 20 April 2018.

A data subject rights rule binding public and private bodies.

As of 19 September 2026.

What it requires

  • Do not base a decision that produces legal effects for a person, or otherwise significantly affects them, solely on automated processing, including profiling, and disclose the underlying logic and the significance and consequences of such processing when the person asks.
  • Respond to a data subject's request to access, rectify, or object to the processing of their personal data, and pass on any correction to any third party the data was disclosed to.
  • Tell a data subject, no later than when you collect their personal data, your identity, the purposes of the processing, the recipients, whether automated decision making is in use, how long you will keep the data, and their rights of access, rectification, erasure, and objection.
  • Where personal data was not collected from the data subject, give them the same information within a reasonable time and at most thirty days after obtaining it, or at the first communication or disclosure of the data if that comes sooner.
  • Give a data subject their personal data in a structured, commonly used, machine readable format on request, and let them transmit it to another controller without obstruction, where the processing rests on consent or a contract and is carried out by automated means.
  • Let a data subject object at any time, on legitimate grounds, to the processing of their personal data, and let them object free of charge and without any justification to processing for direct marketing, charitable, or political prospecting.
  • Correct, complete, update, block, or erase personal data on a data subject's request where it is inaccurate, incomplete, ambiguous, outdated, irrelevant, or unlawfully processed, and pass the correction or erasure on to anyone the data was disclosed to.
  • Where you made a data subject's personal data public, take reasonable steps, including technical measures, to tell any third party processing that data that the data subject has asked for it to be erased.
  • Let an incapacitated adult's rights be exercised by their cohabiting spouse or partner, or in order, an adult child, a parent, or a sibling, or a court appointed guardian, and involve the data subject as far as their understanding allows.

What it reaches

Obligation class

Data subject rights, Disclosure, Access restriction

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Article 401 bars a court judgment assessing a person's conduct, and any decision producing legal effects for a person or significantly affecting them, from resting solely on automated processing, including profiling, of data meant to evaluate aspects of their personality, unless the decision is authorized by a contract or a legal provision that lets the person put forward their point of view.

Article 415 requires a controller to tell a data subject, no later than when their data is collected, the controller's identity, the purposes of the processing, the recipients, whether the automated decision making Article 401 addresses is in use, the retention period, and the data subject's rights of objection, access, rectification, and erasure.

Article 416 requires the same information within a reasonable time and at most thirty days after obtaining data that was not collected from the data subject, or at the first communication or disclosure of it if that comes sooner.

Article 437 lets a data subject demand confirmation of whether their data is processed, the purposes and categories involved, the recipients, any envisaged transfer to a third country, the retention period, and, where a decision under Article 401 is in play, the logic behind it, answered within sixty days.

Article 438 gives a data subject a right to receive, in a structured, commonly used, and machine readable format, personal data they provided under a consent or a contract, and to have it transmitted directly to another controller where technically possible.

Article 440 lets a data subject object at any time, on legitimate grounds, to processing of their data, and object free of charge and without any justification where the processing is for direct marketing, charitable, or political prospecting.

Article 441 lets a data subject demand rectification, completion, updating, blocking, or erasure of personal data that is inaccurate, incomplete, ambiguous, outdated, irrelevant, or unlawfully processed, and requires the controller to pass the correction on to anyone the data was disclosed to.

Article 443 requires a controller who made a data subject's personal data public to take reasonable steps, including technical measures, to tell third parties processing that data of an erasure request, unless the processing serves free expression, a legal obligation, an important public health reason, archiving, research, or statistical purposes, or a legal claim.

Article 447 lets an incapacitated adult's rights under this Book be exercised by a cohabiting spouse or partner, or in order, an adult child, a parent, or a sibling, or a court appointed guardian, involving the data subject as far as their understanding allows.

When LexLint raises it

  • crawls_web
  • trains_models
  • deploys_chatbot
  • automated_outreach
  • high_risk_decisions
  • generates_content

Read the law

Loi n°2017-20 portant Code du Numérique, official consolidated text as republished by Benin's Ministère de l'Économie et des Finances

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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