DRC: Digital Code protects against unsolicited messages known as “spam” (lawyer)

Kinshasa, March 30^th, 2026 (CPA).– The Digital Code was presented Monday as a law that protects against unsolicited messages, commonly known as “spam,” in the Democratic Republic of the Congo (DRC), by a lawyer during an interview in Kinshasa. “In the digital age, the circulation of personal data has become a major issue for both legal entities and individuals. In the DRC, the Digital Code now regulates the use of such data and establishes a set of offenses aimed at protecting individuals against abuse. Among these, the phenomenon of unsolicited messages, commonly referred to as spam, occupies a central place,” said Jules Mvita Tshipamba, a lawyer at the Kinshasa-Matete Bar. According to the lawyer, unsolicited messages consist of the mass sending of electronic communications (SMS, emails, messages via applications) to individuals who have not given prior consent, a practice observed in many areas of daily life. “This practice is now widespread in the country, particularly in the marketing, telecommunications sectors and even in certain political initiatives. Beyond its intrusive nature, spam constitutes a direct violation of the fundamental right to privacy, as it involves the unlawful use of personal data such as phone numbers or email addresses,” he added. Furthermore, the source explained the provisions of the Digital Code that criminalize this practice, highlighting the key principle of “consent.” These include Articles 130 and 131, which respectively establish the prohibition of unsolicited communications and the right to object and withdraw.For lawyer Jules Mvita, the repression of unsolicited messages in the DRC, as provided for by the Digital Code, reflects a clear intention by the legislator to establish a digital environment that respects fundamental rights, particularly the right to privacy and the protection of personal data through the requirement of prior consent. It also reflects the legislator’s commitment to upholding the right to object and to establishing a deterrent sanction regime, thereby laying the foundations for modern regulation of electronic prospecting.However, he stressed that the effectiveness of these provisions will largely depend on their appropriation by economic actors and on the ability of authorities to ensure their strict enforcement, an essential condition for building a genuine culture of data protection.