The essentials on the scope of the Togolese law on the protection of personal data (Law 2019-014)
Law 2019-014: for whom, and for what?
Law No. 2019-014 on the protection of personal data ("Law 2019-014") governs any activity involving the collection, processing, storage or use of personal data. It applies to public and private actors alike, and to private individuals whenever they act in a professional capacity.
I/ In what cases am I exempt from the obligations under the law?
Exemptions under the law
01. Strictly personal use
Strictly personal or household use falls outside the law, unless the data is shared on a large scale, or unless the activity, though carried out by an individual, serves a professional purpose (article 3, paragraph 1).
Example: filming your holiday for your family is fine. Publishing videos showing passers-by on YouTube falls under the law.
02. Technical processing operations
Internet service providers are not covered when they create technical, temporary copies of data or when they facilitate or secure transmission through their servers (for example proxy or cache).
Purpose of this exemption: to optimise access without any lasting handling of the data.
II/ The scope of the law
A. What the law covers (material scope)
Any processing of personal data
For example: identity, contact details, habits, etc.
Processing relating to public security or defence
Not covered: data relating to companies or to animals.
B. Where does the law apply? (territorial scope)
Where processing is carried out on Togolese soil, it is subject to Law 2019-014 (article 3, paragraph 3).
Caution: processing carried out outside the country falls under the law where:
- ●the controller uses means of processing located in Togo (for example servers or processors),
- ●or where it specifically targets individuals located in Togo.
C. Who is covered? (personal scope)
A natural person acting in a professional capacity
A private-law legal person
A public authority
Example: a business offering a delivery app and a public body collecting data to provide a public service to citizens are both subject to the law.
D. Key takeaways
Law 2019-014 is an ambitious statute which:
- covers a wide range of processing operations,
- applies to all professional actors,
- imposes stringent obligations, even where the online dissemination is by private individuals.
To remain compliant, every processing operation must be justified, secure and transparent.
AMELEGAL can support you through this process.