On February 5, 2026, Habarirdc published an article noting that the Democratic Republic of the Congo (DRC) officially enacted its "Digital Code" in March 2023. The code establishes the country's legal framework for digital governance, sets out institutional arrangements for digital transformation, personal data protection and cybersecurity, and establishes corresponding regulatory and data protection authorities. Specifically, Article 72 explicitly legislates against unsolicited direct marketing SMS and mandates that marketing SMS include valid opt-out channels. However, more than two years after the code was promulgated, its on-the-ground implementation has lagged severely.
Despite the comprehensive provisions on paper, supporting implementing regulations for the code have yet to be released, and the data protection authority stipulated by law is still not operational, directly resulting in the absence of an enforcement body for A2P SMS compliance. In practice, a large number of people continue to receive unsolicited marketing messages, fraudulent SMS and emails, many of which are designed to mislead or defraud recipients. While such acts are illegal under the law, affected citizens lack access to grievance and redress channels, and violating enterprises and individuals are rarely held accountable or penalized.
The article points out that the DRC is continuously building various public digital platforms and databases, which will collect a vast amount of citizens' personal information, yet supporting oversight and control mechanisms have not kept pace. The huge gap between legislation and real-world enforcement will erode public trust in digital services and increase the risks of personal data breaches, identity theft and online fraud. Digital experts note that data protection cannot rely solely on written statutes; it requires functional institutional bodies, enforceable punitive measures, and public awareness campaigns on citizens' rights.