Law / Gambia

Information and Communications Act, 2009, security of information and communications services (safeguards duty)

Information and Communications Act, 2009 (No. 2 of 2009), sec. 140(1)-(2)

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

In force since 29 May 2009.

A sector security regimes rule binding public and private bodies.

As of 19 September 2026.

What it requires

  • This binds an operator or service provider licensed under the Information and Communications Act, 2009 to provide information and communications services, a public telecommunications network, fixed or mobile telephony, or internet access, in The Gambia.
  • Take appropriate technical and organizational measures, jointly with other service providers where necessary, to safeguard the security of your services.
  • Make those measures sufficient, having regard to best practices and their cost, to give a level of security appropriate to the risk your services present.

If you get it wrong

Criminal exposureYes

Criminal exposure note

Contravening or failing to comply with a provision of the Act that carries no penalty of its own, including this duty, is an offence punishable by a fine of not less than fifty thousand Dalasis or imprisonment for a term not exceeding three years, or both, plus a further fine of five hundred Dalasis for every day a continuing offence persists.

Penalty structure

Section 140 carries no penalty of its own; a violation falls to section 247's general offence for contravening or failing to comply with a provision of the Act, a fine of not less than fifty thousand Dalasis or imprisonment for a term not exceeding three years, or both, for the underlying offence, with a further fine of five hundred Dalasis for every day a continuing violation persists.

Rule
Per violation only
As of
19 September 2026
Minimum
50,000
Currency
GMD
Per violation unit
Day
Per violation amount
500

Over one month of continuous breach, GMD 15,220.

Who enforces it

Enforcement body

The Gambia Public Utilities Regulatory Authority (PURA), the Authority the Act designates to regulate the provision of information and communications services, may apply its own sanctions against a licensee's non-compliance with the Act, including a fine, a disclosure order, or advising the Minister to suspend or revoke the licence; a contravention with no penalty stated of its own draws the general offence under section 247.

Settledness

As of
19 September 2026
Open questions
Has the Public Utilities Regulatory Authority issued an implementing regulation, code of practice, or minimum technical standard giving concrete content to the technical and organizational measures section 140(1) and (2) require?

What it reaches

Obligation class

Security

What this law does

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

Every information and communications service provider must take appropriate technical and organizational measures, jointly with other service providers where necessary, in order to safeguard the security of its services. Those measures must be sufficient, with regard to best practices and the cost of the proposed measures, to afford a level of security appropriate to the risk presented in connection with the services provided.

The Gambia Public Utilities Regulatory Authority is the Authority the Act designates to regulate the provision of information and communications services in The Gambia. The Authority may enforce a licensee's compliance with the terms and conditions of its activities under the Act, including by imposing a fine, ordering disclosure of information, or advising the Minister to suspend or revoke the licence.

A person who contravenes or fails to comply with a provision of the Act for which no other penalty is specified is liable on conviction to a fine of not less than fifty thousand Dalasis or to imprisonment for a term not exceeding three years, or to both, and, in the case of a continuing offence, to a further fine of five hundred Dalasis for every day the offence continues.

When LexLint raises it

  • provides_telecom_services

Read the law

Official Act text, published by the Public Utilities Regulatory Authority (PURA)

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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