Digital property has become an increasingly relevant issue on the global legal scene, and Cape Verde is no exception. With the advancement of technology and the increasing digitalisation of goods and services, the need for a robust legal framework to regulate digital property is imperative. This report aims to explore the state[6] current law[7] on digital property in Cape Verde, analysing the laws, regulations[3] and precedents that shape this area of law.
Cape Verde, like many other countries, faces the challenge of adapting its legal structures to deal with emerging issues related to digital property. This includes copyright protection, personal data management and the regulation of digital transactions. The country has sought to align itself with international standards, adopting measures aimed at protecting the rights of creators and users in the digital environment. A World Intellectual Property Organisation (WIPO) has been an important reference for Cape Verde in the formulation of policies and laws related to intellectual property.
In addition, Cape Verde's integration into international agreements, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)The report, which was published in the Official Journal of the European Union, highlights the country's commitment to strengthening its digital property legislation. However, challenges remain, especially with regard to the implementation and enforcement of these laws, as well as raising public awareness about rights and duties in the digital environment.
This report aims to provide a comprehensive overview of how Cape Verde is navigating the complexities of the digital law[1]It also highlights both the progress made and the areas that still need development. Throughout the document, specific legal aspects, relevant case studies and recommendations for improving the protection and management of digital property in the country will be addressed.
Index
Digital property refers to intangible assets that exist in digital format. In Cape Verde, as in many other countries, the concept of digital property is still developing, but is increasingly relevant due to the increased use of digital technologies and the internet. Digital property can include anything from digital media content, such as music and videos, to personal data and information stored on digital platforms. Cape Verdean legislation is still adapting to deal with the complexities associated with these assets, especially with regard to protecting the rights of owners and regulating the use and transfer of these assets.
In Cape Verde, the legislation that comes closest to regulating digital property is the Law[8] of Society[5] and the Personal Data Protection Act. These laws establish guidelines for the use and protection of digital data, as well as for information security. The Personal Data Protection Act, for example, guarantees that individuals' digital data is treated confidentially and securely, protecting it from unauthorised use (Government of Cape Verde).
The rights of the digital owner in Cape Verde include control over the use and distribution of their digital assets. This includes the right to authorise or prohibit the reproduction, distribution and public display of their digital works. In addition, owners have the right to be recognised as authors and to protect their creations against unauthorised modifications. However, enforcing these rights can be challenging due to the intangible and easily replicable nature of digital assets.
The protection of digital property in Cape Verde faces several challenges. One of the main ones is the lack of a robust legal infrastructure that specifically addresses digital property issues. In addition, the global nature of the internet makes it difficult to enforce national laws, as digital assets can be easily transferred and accessed in different jurisdictions. Another challenge is the limited awareness of the digital rights[2] between users and content creators, which can lead to unintentional violations of digital property rights.
In recent years, Cape Verde has made efforts to modernise its legislation and digital infrastructure. The government has promoted initiatives to increase digital literacy and data protection, as well as to encourage the development of technologies that can help protect digital property. For example, the implementation of digital authentication and encryption systems can help protect digital assets from unauthorised access and guarantee data integrity (Cape Verde's National Communications Agency).
Although the concept of digital property is still evolving in Cape Verde, it is clear that there is a growing need for clear and effective regulations to protect these assets. As technology continues to advance, it is crucial that the legal framework keeps pace with these changes to ensure that the rights of digital owners are properly protected and that there is a balance between innovation and the protection of property rights.
The legal framework in Cape Verde for the protection of digital property is made up of various laws which, although they do not deal exclusively with digital property, address aspects relevant to its protection. Among the main pieces of legislation are the Information Society Act and the Personal Data Protection Act. The Information Society Act establishes guidelines for the use of digital technologies and information security, while the Personal Data Protection Act ensures that individuals' digital data is treated confidentially and securely. (Government of Cape Verde)
In Cape Verde, digital copyright protection is mainly governed by the Copyright and Related Rights Act. This legislation aims to protect creative works in digital format, guaranteeing authors control over the use and distribution of their creations. The law covers a variety of works, including music, literature, software and other forms of digital media. Authors have the right to authorise or prohibit the reproduction and distribution of their works, as well as to be recognised as creators. However, the enforcement of these rights faces challenges due to the ease of unauthorised replication and distribution of digital content. (WIPO)
The regulation of digital assets in Cape Verde is still under development, but there are efforts to create a legal environment that supports technological innovation while protecting the rights of digital asset owners. Current legislation does not specifically cover cryptocurrencies or digital tokens, but discussions are underway to integrate these new forms of assets into the legal framework. system[9] existing legal framework. The absence of specific regulation for digital assets can create legal uncertainty, but it also offers an opportunity to develop an innovative legal framework that can serve as a model for other countries. (Central Bank of Cape Verde)
Cyber security is a growing concern in Cape Verde, especially in the context of protecting digital property. The Personal Data Protection Act establishes measures to guarantee the security of digital data, including the requirement of consent for the processing of personal data and the implementation of technical and organisational measures to protect this data from unauthorised access. In addition, the government has promoted initiatives to raise awareness of cyber security and data protection among companies and citizens. (Cape Verde's National Communications Agency)
Although Cape Verde has made significant progress in modernising its digital legislation, there are still challenges to be faced. One of the main challenges is the effective enforcement of existing laws, especially in a globalised digital environment where jurisdictions can overlap. In addition, there is a continuous need to update legislation to keep up with rapid technological changes and the new forms of digital property that are emerging. On the other hand, these changes also offer opportunities for Cape Verde to position itself as a regional leader in digital innovation by developing a legal framework that balances the protection of digital property rights with encouraging innovation. (Digital Cape Verde)
Rapid technological evolution presents significant challenges for digital property legislation in Cape Verde. Existing legislation often fails to keep pace with innovations, resulting in legal loopholes that can be exploited by infringers. This requires constant updating of the legal framework to ensure that it is able to adequately protect digital property rights. On the other hand, this need for legal adaptation also offers an opportunity for Cape Verde to stand out as a regional leader in digital innovation by developing laws that not only protect the rights of owners, but also encourage technological development. (Digital Cape Verde)
One of the main challenges in protecting digital property is the lack of awareness among users and content creators about their rights and responsibilities. Many users are unaware of digital property rights, which can lead to unintentional violations. Digital education is therefore crucial to ensure that everyone involved understands the legal aspects of digital property. Educational initiatives can help to mitigate this challenge by turning it into an opportunity to promote a culture[10] respect for digital rights and encourage responsible innovation. (UNESCO)
Cape Verde's technological infrastructure is still developing, which can limit access to advanced digital technologies and, consequently, digital property. Improving internet infrastructure and guaranteeing universal access are essential steps to enable more citizens to participate in the digital economy. This would not only expand the market for digital assets, but also create new opportunities for business and innovation. Improving infrastructure is therefore both a challenge and an opportunity for economic growth and digital inclusion. (ITU)
Cyber security is a critical aspect of digital property, especially in a world where data is a valuable resource. Cape Verde faces significant challenges in protecting personal data and ensuring security against cyberattacks. However, by addressing these challenges, the country has the opportunity to establish high standards of cyber security that can attract investment and technology companies. Implementing robust data protection and cybersecurity policies is essential to protecting digital property rights and fostering trust in the digital environment. (GDPR)
Given the global nature of the internet, international collaboration is key to the effective protection of digital property. Cape Verde can benefit from harmonising its laws with international standards, facilitating cross-border cooperation in law enforcement and the protection of digital property rights. Participating in international agreements and collaborating with other nations can help overcome the challenges of jurisdiction[4] and ensure that the rights of digital owners are respected globally. This represents an opportunity for Cape Verde to integrate more deeply into the global digital economy and strengthen its legal capacities. (WIPO)
The concept of digital property in Cape Verde is evolving, reflecting the growing importance of digital assets in the modern economy. Although Cape Verdean legislation, such as the Information Society Law and the Personal Data Protection Law, provides a basis for the protection of digital data, there are still significant gaps in the specific regulation of digital assets, such as cryptocurrencies and digital tokens. The protection of digital copyright is addressed by the Law on Copyright and Related Rights, but the effective enforcement of these rights faces challenges due to the intangible and easily replicable nature of digital assets. The legal infrastructure needs to be robust and adaptable to keep up with rapid technological change and ensure adequate protection of digital owners' rights (Government of Cape Verde).
The challenges facing Cape Verde include the need for a more robust legal infrastructure, limited awareness of digital rights and the difficulty of applying national laws in a globalised digital environment. However, these difficulties also present opportunities for the country to position itself as a regional leader in digital innovation. Improvements in technological infrastructure and digital education initiatives are essential to promote digital inclusion and respect for digital property rights. In addition, international collaboration and legal harmonisation with global standards can strengthen the protection of digital rights and integrate Cape Verde more deeply into the global digital economy. The implementation of robust data protection and cybersecurity policies is crucial to fostering trust in the digital environment and attracting investment and technology companies to the country (Digital Cape Verde, WIPO).
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