La Côte d’Ivoire a adopté la loi n°2013-450 du 19 juin 2013 sur la protection des données personnelles afin de répondre aux exigences de la transformation numérique.
L’article 1er de cette loi définit les données à caractère personnel comme étant « toute information de quelque nature qu’elle soit et indépendamment de son support, y compris le son et l’image relative à une personne physique identifiée ou identifiable directement ou indirectement, par référence à un numéro d’identification ou à un ou plusieurs éléments spécifiques, propres à son identité physique, physiologique, génétique, psychique, culturelle, sociale ou économique. »
Ainsi, en vertu de l’article 3, sont notamment soumis à la loi :
-
toute collecte, tout traitement, toute transmission, tout stockage et tout utilisation des données à caractère personnel par une personne physique, l’Etat, les collectivité locales, les personnes morales de droit public ou de droit privé ;
-
tout traitement automatisé ou non de données contenues ou appelées à figurer dans un fichier ;
-
tout traitement de données mis en œuvre sur le territoire national.
L’article 46 de loi créé l’Autorité de protection des données à caractère personnel[1], autorité administrative indépendante chargée de la régulation des télécommunications et des technologies de l’information et de la communication.
Dès lors, tous ces traitements de données sont soumis à une déclaration préalable auprès de l’Autorité de protection des données à caractère personnel. Cette déclaration doit comporter l’engagement que le traitement est conforme à la loi sur la protection des données. L’Autorité de protection des données à caractère personnel délivre, par la suite, un récépissé permettant au demandeur de mettre en œuvre le traitement des données.
CÔTE D'IVOIRE
Updated on 01/13/2025
I. Economic data
A. Macro-economic data
-
General data[1]
Population in 2023: 31,165,654
Surface area: 322,463 km²[2]
Density: 86 inhabitants/km².[3]
GDP (nominal) 2023: 78.88 bn
GDP (PPP) 2020: 144.497 bn[4]
GDP (PPP)/inhabitant 2023: 2,530.8
Growth rate in 2023: 6.2%.
GNI/capita (PPP) in 2019: 5,069 $[5]
HDI 2021: 0.55[6]
Literacy rate in 2019: 89.9%[7]
Life expectancy in 2022: 59 years
Politics
Following independence in 1960 under the presidency of Félix Houphouët-Boigny, Côte d'Ivoire enjoyed a period of political stability and economic prosperity. However, the transition to a multi-party system in 1990, followed by the death of Félix Houphouët-Boigny in 1993, plunged the country into a period of instability marked by ethnic tensions, economic crisis and armed conflict.[8]
The 2010 presidential election saw Laurent Gbagbo's refusal to concede defeat to Alassane Ouattara, which triggered an armed conflict that claimed over 3,000 casualties.
The crisis ended in 2011 with the accession to power of Alassane Ouattara, who gradually restored state authority throughout the country. Re-elected in 2015 and 2020, despite violence and political tensions, Alassane Ouattara has consolidated his power while pursuing efforts to bring the country’s people together.
In 2021, Laurent Gbagbo and Charles Blé Goudé, who were acquitted by the International Criminal Court, returned to Côte d'Ivoire. Laurent Gbagbo founded a new party, the PPA-CI (African People's Party - Côte d'Ivoire), in 2022. Municipal and regional elections held in 2023, in a climate of calm, confirmed the domination of the presidential party.
In terms of security, the situation has improved since 2011, although the country was hit by terrorist attacks in 2016 and 2020. Faced with the continuing threat in the north, particularly with the arrival of Burkinabe refugees, the government has stepped up military measures and launched social programs to stabilize the region.
Today, Côte d'Ivoire is a unitary state with a presidential regime, a multi-party, single representative per constituency majority voting system. Despite the challenges it faces, the country is continuing its transition to lasting political and economic stability.[9]
Economic development [10]
Côte d'Ivoire is the leading economy in the West African Economic and Monetary Union (WAEMU), accounting for almost 40% of the region's GDP[11]. The country has had one of the fastest economic growth rates in sub-Saharan Africa for over a decade, with average real GDP growth of 8.2% between 2012 and 2019.[12]
Since the return to political stability in Côte d'Ivoire, the country has enjoyed strong economic growth, reaching around 8% per year since 2012. This growth is mainly driven by exports of cocoa and oil, its two main resources.
Despite this performance, poverty remains a major challenge. The national poverty rate is falling, but remains high at 39.6%, with extreme poverty at 11.4%. To address this, a social program was launched in 2019.
The country's economy was, however, marked by the Covid-19 health and economic crisis. Nevertheless, Côte d'Ivoire managed to return to growth, posting a 6.5% rise in 2024. The inflation rate was 3.8% in 2024.[13]
Côte d'Ivoire's debt amounted to 59.3% of GDP in 2024. Furthermore, the IMF has granted the country a $3.5 billion loan.[14]
Population[8]
By 2022, 52% of the Ivorian population was urban, reflecting growing urbanization, particularly around Abidjan, the country's main metropolis. Despite the creation of the centrally located political capital Yamoussoukro, Abidjan remains the country's economic heart and only major city.
Côte d'Ivoire's population is also characterized by its youth, with 41% under the age of 15. In addition, strong demographic growth can be observed in the south-east, around Abidjan, strengthening the importance of this region in the national dynamic.
In 2021, 9.7% of the population lived on less than $1.90 a day. This percentage has fallen sharply since 2008, when it was 34.4%.[1]
Resources
Côte d'Ivoire is the world's leading cocoa producer. The primary sector accounts for 22% of GDP, the secondary sector for 22% (oil, energy, agri-food, etc.) and the tertiary sector for 56% (transport, telecommunications, etc.).[15]
Côte d'Ivoire's main exports are cocoa, oil, cashew nuts and gold .[16]
In 2020, tourism generated revenues of $199 million .[17]
Foreign investment
The total stock of foreign direct investment in Côte d'Ivoire stood at USD 1.58 billion in 2023, an increase of almost 15% on the previous year.[20]
[1] Unless otherwise stated, general data from
[2] https://www.diplomatie.gouv.fr/fr/dossiers-pays/cote-d-ivoire/presentation-de-la-cote-d-ivoire/
[3] https://www.diplomatie.gouv.fr/fr/dossiers-pays/cote-d-ivoire/presentation-de-la-cote-d-ivoire/
[4] https://fr.wikipedia.org/wiki/C%C3%B4te_d%27Ivoire
[5] https://hdr.undp.org/sites/default/files/Country-Profiles/fr/CIV.pdf?utm_source=chatgpt.com
[6] www.gouv.ci
[7] https://www.diplomatie.gouv.fr/fr/dossiers-pays/cote-d-ivoire/presentation-de-la-cote-d-ivoire/
[8] https://perspective.usherbrooke.ca/bilan/servlet/BMPays/CIV
[9] https://www.diplomatie.gouv.fr/fr/dossiers-pays/cote-d-ivoire/presentation-de-la-cote-d-ivoire/
[10] Unless otherwise stated, the information below is taken from the Atlas socio-économique des pays du monde, Larousse, edition.
[11] https://www.diplomatie.gouv.fr/fr/dossiers-pays/cote-d-ivoire/presentation-de-la-cote-d-ivoire/
[12] https://www.banquemondiale.org/fr/country/cotedivoire/overview
[13] https://www.diplomatie.gouv.fr/fr/dossiers-pays/cote-d-ivoire/presentation-de-la-cote-d-ivoire/
[14] Ditto
[15] https://www.diplomatie.gouv.fr/fr/dossiers-pays/cote-d-ivoire/presentation-de-la-cote-d-ivoire/
[16] Atlas socio-économique des pays du monde, Larousse, 2024 edition.
[17] Atlas socio-économique des pays du monde, Larousse, 2024 edition.
[18] Unless otherwise stated, the information below is taken from the Atlas socio-économique des pays du monde, Larousse, 2024 edition.
Statistics
South Africa has around 800 franchise systems, spanning 14 sectors [23]. In 2018, there were 45,011 outlets in South Africa. 84% of franchisees rate their relationship with the franchisor as very good or good [24].
South Africa is now home to 68,000 franchisees [25]. 40% of them are based in the Gauteng province [26].
The biggest sector in the franchise business is fast food. South Africa has around 85,000 restaurants and over 850 franchises. The international food market is estimated to be worth $4.9 billion by 2026 [27].
In 2022, South Africa had 1,907 businesses and companies in a state of bankruptcy [28].
Historical background
The franchising sector in Côte d'Ivoire is still in its structuring phase and remains little known to the general public. However, franchising in Côte d'Ivoire has grown significantly
over the last few decades, especially with the arrival of major international brands and the development of local networks.[21]
International [30]
The diversity of growth sectors and the country's economic stability create a favorable context for franchise network expansion.
In Côte d'Ivoire, the franchising sector is diverse and covers many fields. In education, Pigier is a well-known brand. In car rental, players such as Europcar, Hertz and Budget are present. Catering includes brands such as Hippopotamus, Paul, Burger King, KFC, Nespresso and Brioche Dorée. In fashion and accessories, Mango, GéoX, Kiabi and Bata stand out, while Bo Concept and GIFI dominate decoration and furnishings. Advertising is represented by Pano Boutique and Mobile Affiche, and hotels include international brands such as Ibis, Novotel, Sofitel and Hôtel Pullman. Media includes Radio Nostalgie and Hit Radio, and opticians are dominated by Lynx Optique and Alain Afflelou. Antal International operates in recruitment, Franck Provost in beauty, and UPS and FedEx in logistics. In sports and leisure, City Sport and Decathlon are present, while Western Union and MoneyGram carry out money transfers. Finally, Carrefour and Top Budget stand out in supermarkets, and Midas and Point-S in automotive services.
At the same time, since the 1990s, a number of local companies have tried to create their own franchise networks, such as Orange-CI, MTN, Moov-CI, Prosuma, Proxi Market and Dabali Xpress.
Institutions
Since 2001, Côte d'Ivoire has had a federation specifically focused on the franchising sector, called the "Fédération Ivoirienne de la Franchise"[22] (the Ivorian Franchise Federation). The organization brings together professionals in the sector, both franchisors and franchisees. Its role is to promote, defend, develop and perpetuate the franchise model in Côte d'Ivoire.[23]
Trade shows
There are a number of trade shows devoted to franchising in Côte d'Ivoire. Recently, an online exhibition entitled "Les Rencontres Digitales de la Franchise - Côte d'Ivoire" (Cote d’Ivoire Digital Franchise Meeting) was organized to facilitate exchanges between franchisors and franchise candidates.[24]
There are a number of trade shows devoted to franchising in Côte d'Ivoire. Recently, an online exhibition entitled "Les Rencontres Digitales de la Franchise - Côte d'Ivoire" (Cote d’Ivoire Digital Franchise Meeting) was organized to facilitate exchanges between franchisors and franchise candidates.[1]
Statistics
Since the 1960s, a number of foreign franchises, mainly from French networks, have established themselves in the country. The majority of these franchises, around 98%, are managed by foreigners, notably Lebanese or Ivorian Lebanese businesspeople, while the involvement of Ivorian entrepreneurs remains limited.[25]
At the time of writing, around 80% of franchises in Côte d'Ivoire are international brands.[26]
There are nearly 200 chains and 3,800 points of sale.[27]
Economic impact
There are no precise statistics on the Côte d'Ivoire market. On the other hand, the African franchise market is estimated to be worth nearly $60 billion, with almost 300 active networks.[1]
The Code of Ethics for Franchising, created by the Fédération Ivoirienne de la Franchise, sets out the commitments of both franchisors and franchisees, as discussed below.
The cost of a franchise varies according to the business sector. For example, the La Croissanterie franchise, a leader in the fast-food sector, requires a personal investment of €150,000. Similarly, the Midas franchise, specializing in car maintenance, requires a personal investment of €40,000.[28]
Contract content
[20] https://export.agence-adocc.com/fr/fiches-pays/cote-d-ivoire/investir2
[21] https://www.cotedivoirefranchise.com/articles/33-etat-des-lieux-de-la-franchise-en-cote-d-ivoire/
[22] Angre Mahou, Abidjan Cocody ; (+225) 01 5142 6287 ; contact@fifranchise.orgfifranchise@gmail.com
[24] https://www.facebook.com/lrdfci
[25] https://www.cotedivoirefranchise.com/articles/33-etat-des-lieux-de-la-franchise-en-cote-d-ivoire/
B. Franchising Economic Data
II. Legal information
A. Legal information directly related to the franchising
Applicable legislation
At present, Côte d'Ivoire has no specific franchise legislation. Commercial partnership contracts are governed by national and community business law.
However, the Fédération Ivoirienne de la Franchise has drafted a Code of Ethics for franchising, largely inspired by what is applied in the European Union, aimed at laying the foundations of an ethical and legal framework for the sector.[31]
The 1st article of the Code of Ethics defines franchising as follows[1]:
"Franchising is a system of marketing products and/or services and/or technologies, based on close and continuous collaboration between legally and financially distinct and independent businesses, the franchisor and its franchisees, in which the franchisor grants its franchisees the right, and imposes the obligation, to operate a business in accordance with the franchisor's concept.
The right thus granted allows and binds the franchisee, in exchange for a direct or indirect financial contribution, to use the brand name and/or trademark for products and/or services, know-how and other intellectual property rights, supported by the ongoing provision of commercial and/or technical assistance, within the framework and for the duration of a written franchise agreement entered into between the parties for this purpose".
Jurisdiction and applicable law
On February 1, 1991, Côte d'Ivoire ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, concluded in New York on June 10, 1958.[35]
In addition, Côte d'Ivoire is one of the 17 signatories of the Treaty on the Harmonization of Business Law in Africa, signed on October 17, 1993 in Port-Louis (Mauritius), thus establishing the Organization for the Harmonization of Business Law in Africa (OHADA)[36]. OHADA has led to numerous uniform legislation being set up, such as the Uniform Act on Arbitration Law, adopted in Conakry on November 23, 2017.[37]
Section 3-1 of this act states that :
"The arbitration agreement takes the form of an arbitration clause or an arbitration agreement. An arbitration clause is an agreement by which the parties undertake to submit to arbitration any disputes that may arise or result from a contractual relationship. A compromise is an agreement by the parties to a dispute to settle it by arbitration. The arbitration agreement must be made in writing or by any other means capable of proving its existence, in particular by reference to a document stipulating it".
Pre-contractual information [33]
The Ivorian Franchising Code of Ethics states that franchisors must send prospective franchisees a pre-contractual information document. This must be handed over at least 30 days before the contract becomes binding. Finally, it is stated that delivery of the contractual information document does not imply any form of commitment on the part of the franchisee.
Under article 3 of the Franchising Code of Ethics, the pre-contractual information document must contain at least the six following items:
"1 - Presentation of the franchising company.
2 - Presentation of the franchisor's network.
3 - A presentation of the licensed brand.
4 - Market presentation: general market conditions and local market conditions.
5 - Presentation of the franchise agreement and related fees.
6 - Specific expenses and investments to be made by the applicant before starting operations.
Trademarks
Trademarks are protected in Côte d'Ivoire by the Bangui Agreement, adopted on March 2, 1977, which governs intellectual property within the member states of the African Intellectual Property Organization (OAPI). This agreement provides the national law applicable in each of the seventeen member states, including Côte d'Ivoire. The Bangui Agreement was revised on December 14, 2015, and this revision came into force on November 20, 2020.
The Bangui Agreement defines a trademark as "any visible or sound sign used or intended to be used and capable of distinguishing the goods or services of a natural or legal person".
Trademark law provides for a registration system
Article 6 of the Treaty deals with the effects of trademark registration. It provides that:
"(3) Any international registration of a trademark effected under the provisions of the Treaty concerning the registration of trademarks and containing the designation of at least one Member State, to the effect of a national filing in each Member State which is also party to the said Treaty"
Thus, once an international trademark registration has been filed in one of the signatory states of the Treaty, it will produce its effects in all these signatory states in the same way as a national registration.
Article 8 of the Treaty states that :
"(1) The Organization shall carry out the administrative examination, registration and publication of trademarks and service marks in accordance with the common procedure laid down by the laws of the Member States.
(2) Registered and published trademarks shall produce their effects according to the national law of each State in each of the member States, subject to the provisions of paragraph (3) below.
(3) The international registration of a trademark effected under the provisions of the Trademark Registration Treaty which has effect in at least one member State shall, in each of the States party to this Agreement and to the Trademark Registration Treaty, produce the same effects as would have been produced if the trademark had been registered with the Organization".
Trademark registration confers on its owner an exclusive right for a renewable period of 10 years.
Contract perfomance [34]
The Code of Ethics states that the franchise contract must comply with national law, WAEMU community law and the Code of Ethics and its appendices.
It also sets out the franchisee’s duties, those of the franchisor and those common to both parties.
In particular, the franchisor must have successfully developed and operated its concept for at least a year and a half, with at least one pilot unit before launching the franchise network. The franchisor must also provide its franchisees with initial training and ongoing commercial and/or technical assistance throughout the term of the contract. It must transfer or make available to the franchisee the know-how through appropriate information and training resources, and is responsible for monitoring the proper use of this know-how by the franchisee.
As for the franchisee, they are required to work in good faith for the success of the network which they have joined, fully independently, excluding any subordinate relationship to the franchisor. The franchisee must also provide the franchisor with verifiable operational data to help determine performance, and with the financial statements required for effective management. In addition, they are bound by the principles of loyalty and confidentiality.
[31] https://www.cotedivoirefranchise.com/articles/33-etat-des-lieux-de-la-franchise-en-cote-d-ivoire
[32] https://www.cotedivoirefranchise.com/articles/48-code-de-deontologie-de-la-franchise/?page=1
[33] https://www.cotedivoirefranchise.com/articles/48-code-de-deontologie-de-la-franchise/?page=1
[34] https://www.cotedivoirefranchise.com/articles/48-code-de-deontologie-de-la-franchise/?page=1
B. Peripheral legal data
Competition law [41]
Franchise agreements in Côte d'Ivoire are subject to the rules of Ivorian competition law, governed by Ordinance no. 2013-662 of September 20, 2013.
Article 7 of this order created the Commission de la concurrence et de la lutte contre la vie chère (the Commission for competition and action against the high cost of living), an independent administrative authority.[1]
Article 8 sets out the Commission's remit, which includes a "general mission to monitor the market in order to detect malfunctions linked to anti-competitive practices, as provided for under Community competition law".
Article 12 of the ordinance also outlaws abuses of dominant positions, while article 11 bans cartels in certain circumstances.
Article 11 of the ordinance states that :
"Anti-competitive agreements are prohibited in particular when they concern :
- agreements restricting market access or the free exercise of competition by other companies;
- agreements aimed at directly or indirectly fixing prices, controlling selling prices, and generally hindering the determination of prices by the free play of the market by artificially favoring a rise or fall thereof; in particular, agreements between companies at different levels of production or distribution aimed at fixing resale prices;
- dividing up markets or sources of supply, in particular agreements between production or distribution companies concerning absolute territorial protection;
- limitations or controls on production, markets, technical development or investment;
- discrimination between business partners by means of unequal conditions for equivalent services;
- making the entering into of contracts conditional on acceptance, by the parties, of additional services which, by their very nature or according to commercial usage, have no connection with the purpose of these contracts.
Abusive practices may include:
- directly or indirectly impose unfair purchase or selling prices or other unfair trading practices; restricting production, markets or technical development to the detriment of consumers;
- apply unequal conditions to equivalent services, thereby placing business partners at a competitive disadvantage;
- make the entering into of a contract conditional on the acceptance by the parties of additional services which, by their nature or according to commercial practice, have no connection with the purpose of the contract".
The ordinance provides for civil or criminal penalties, depending on the case. For example, selling at a loss is subject to a criminal penalty under article 15 of the Ordinance.
Personal data
Côte d'Ivoire has adopted law n°2013-450 of June 19, 2013 on the protection of personal data in order to meet the demands of digital transformation.
Section 1of this law defines personal data as "any information of any kind whatsoever and regardless of its medium, including sound and image relating to a natural person identified or identifiable directly or indirectly, by reference to an identification number or to one or more factors specific to his or her physical, physiological, genetic, mental, cultural, social or economic identity."
Thus, by virtue of section 3, the following in particular are subject to the law:
-
any collection, processing, transmission, storage and use of personal data by a natural person, the State, local authorities, legal entities under public or private law;
-
any automated or non-automated processing of data contained or intended to be contained in a file;
-
any data processing carried out within the national territory.
Section 46 of the law establishes the Autorité de protection des données à caractère personnel[1] (the Authority for the protection of data of a personal nature), an independent administrative authority responsible for regulating telecommunications and information and communication technologies.
All such data processing is therefore subject to prior declaration to the national Data Protection Authority. This declaration must include an undertaking that the processing complies with the Data Protection Act. The Data Protection Authority then issues a receipt allowing the applicant to carry out data processing.
I. Economic data
A. Macro-economic data
- General data[1]
-
Population in 2023: 31,165,654
-
Surface area: 322,463 km²[2]
-
Density: 86 inhabitants/km².[3]
-
GDP (nominal) 2023: 78.88 bn
-
GDP (PPP) 2020: 144.497 bn[4]
-
GDP (PPP)/inhabitant 2023: 2,530.8
-
Growth rate in 2023: 6.2%.
-
GNI/capita (PPP) in 2019: 5,069 $[5]
-
HDI 2021: 0.55[6]
-
Literacy rate in 2019: 89.9%[7]
-
Life expectancy in 2022: 59 years
- Policy
Following independence in 1960 under the presidency of Félix Houphouët-Boigny, Côte d'Ivoire enjoyed a period of political stability and economic prosperity. However, the transition to a multi-party system in 1990, followed by the death of Félix Houphouët-Boigny in 1993, plunged the country into a period of instability marked by ethnic tensions, economic crisis and armed conflict.[8]
The 2010 presidential election saw Laurent Gbagbo's refusal to concede defeat to Alassane Ouattara, which triggered an armed conflict that claimed over 3,000 casualties.
The crisis ended in 2011 with the accession to power of Alassane Ouattara, who gradually restored state authority throughout the country. Re-elected in 2015 and 2020, despite violence and political tensions, Alassane Ouattara has consolidated his power while pursuing efforts to bring the country’s people together.
In 2021, Laurent Gbagbo and Charles Blé Goudé, who were acquitted by the International Criminal Court, returned to Côte d'Ivoire. Laurent Gbagbo founded a new party, the PPA-CI (African People's Party - Côte d'Ivoire), in 2022. Municipal and regional elections held in 2023, in a climate of calm, confirmed the domination of the presidential party.
In terms of security, the situation has improved since 2011, although the country was hit by terrorist attacks in 2016 and 2020. Faced with the continuing threat in the north, particularly with the arrival of Burkinabe refugees, the government has stepped up military measures and launched social programs to stabilize the region.
Today, Côte d'Ivoire is a unitary state with a presidential regime, a multi-party, single representative per constituency majority voting system. Despite the challenges it faces, the country is continuing its transition to lasting political and economic stability.[9]
Economic development [10]
Côte d'Ivoire is the leading economy in the West African Economic and Monetary Union (WAEMU), accounting for almost 40% of the region's GDP[11]. The country has had one of the fastest economic growth rates in sub-Saharan Africa for over a decade, with average real GDP growth of 8.2% between 2012 and 2019.[12]
Since the return to political stability in Côte d'Ivoire, the country has enjoyed strong economic growth, reaching around 8% per year since 2012. This growth is mainly driven by exports of cocoa and oil, its two main resources.
Despite this performance, poverty remains a major challenge. The national poverty rate is falling, but remains high at 39.6%, with extreme poverty at 11.4%. To address this, a social program was launched in 2019.
The country's economy was, however, marked by the Covid-19 health and economic crisis. Nevertheless, Côte d'Ivoire managed to return to growth, posting a 6.5% rise in 2024. The inflation rate was 3.8% in 2024.[13]
Côte d'Ivoire's debt amounted to 59.3% of GDP in 2024. Furthermore, the IMF has granted the country a $3.5 billion loan.[14]
- Resources
Côte d'Ivoire is the world's leading cocoa producer. The primary sector accounts for 22% of GDP, the secondary sector for 22% (oil, energy, agri-food, etc.) and the tertiary sector for 56% (transport, telecommunications, etc.).[15]
Côte d'Ivoire's main exports are cocoa, oil, cashew nuts and gold .[16]
In 2020, tourism generated revenues of $199 million .[17]
- Population [8]
By 2022, 52% of the Ivorian population was urban, reflecting growing urbanization, particularly around Abidjan, the country's main metropolis. Despite the creation of the centrally located political capital Yamoussoukro, Abidjan remains the country's economic heart and only major city.
Côte d'Ivoire's population is also characterized by its youth, with 41% under the age of 15. In addition, strong demographic growth can be observed in the south-east, around Abidjan, strengthening the importance of this region in the national dynamic.
In 2021, 9.7% of the population lived on less than $1.90 a day. This percentage has fallen sharply since 2008, when it was 34.4%.[1]
- Foreign investment
The total stock of foreign direct investment in Côte d'Ivoire stood at USD 1.58 billion in 2023, an increase of almost 15% on the previous year.[20]
B.Franchising Economic Data
- Historical background
The franchising sector in Côte d'Ivoire is still in its structuring phase and remains little known to the general public. However, franchising in Côte d'Ivoire has grown significantly over the last few decades, especially with the arrival of major international brands and the development of local networks.[21]
- Institutions
Since 2001, Côte d'Ivoire has had a federation specifically focused on the franchising sector, called the "Fédération Ivoirienne de la Franchise"[22] (the Ivorian Franchise Federation). The organization brings together professionals in the sector, both franchisors and franchisees. Its role is to promote, defend, develop and perpetuate the franchise model in Côte d'Ivoire.[23]
- Trade shows
There are a number of trade shows devoted to franchising in Côte d'Ivoire. Recently, an online exhibition entitled "Les Rencontres Digitales de la Franchise - Côte d'Ivoire" (Cote d’Ivoire Digital Franchise Meeting) was organized to facilitate exchanges between franchisors and franchise candidates.[1]
- Statistics
Since the 1960s, a number of foreign franchises, mainly from French networks, have established themselves in the country. The majority of these franchises, around 98%, are managed by foreigners, notably Lebanese or Ivorian Lebanese businesspeople, while the involvement of Ivorian entrepreneurs remains limited.[25]
At the time of writing, around 80% of franchises in Côte d'Ivoire are international brands.[26]
There are nearly 200 chains and 3,800 points of sale.[27]
- International
The diversity of growth sectors and the country's economic stability create a favorable context for franchise network expansion.
In Côte d'Ivoire, the franchising sector is diverse and covers many fields. In education, Pigier is a well-known brand. In car rental, players such as Europcar, Hertz and Budget are present. Catering includes brands such as Hippopotamus, Paul, Burger King, KFC, Nespresso and Brioche Dorée. In fashion and accessories, Mango, GéoX, Kiabi and Bata stand out, while Bo Concept and GIFI dominate decoration and furnishings. Advertising is represented by Pano Boutique and Mobile Affiche, and hotels include international brands such as Ibis, Novotel, Sofitel and Hôtel Pullman. Media includes Radio Nostalgie and Hit Radio, and opticians are dominated by Lynx Optique and Alain Afflelou. Antal International operates in recruitment, Franck Provost in beauty, and UPS and FedEx in logistics. In sports and leisure, City Sport and Decathlon are present, while Western Union and MoneyGram carry out money transfers. Finally, Carrefour and Top Budget stand out in supermarkets, and Midas and Point-S in automotive services.
At the same time, since the 1990s, a number of local companies have tried to create their own franchise networks, such as Orange-CI, MTN, Moov-CI, Prosuma, Proxi Market and Dabali Xpress.
- Contract content
The Code of Ethics for Franchising, created by the Fédération Ivoirienne de la Franchise, sets out the commitments of both franchisors and franchisees, as discussed below.
The cost of a franchise varies according to the business sector. For example, the La Croissanterie franchise, a leader in the fast-food sector, requires a personal investment of €150,000. Similarly, the Midas franchise, specializing in car maintenance, requires a personal investment of €40,000.[28]
- Economic impact
There are no precise statistics on the Côte d'Ivoire market. On the other hand, the African franchise market is estimated to be worth nearly $60 billion, with almost 300 active networks.[1]
II. Legal information
A. Legal information directly related to the franchising
-Applicable legislation
At present, Côte d'Ivoire has no specific franchise legislation. Commercial partnership contracts are governed by national and community business law.
However, the Fédération Ivoirienne de la Franchise has drafted a Code of Ethics for franchising, largely inspired by what is applied in the European Union, aimed at laying the foundations of an ethical and legal framework for the sector.[31]
The 1st article of the Code of Ethics defines franchising as follows[1]:
"Franchising is a system of marketing products and/or services and/or technologies, based on close and continuous collaboration between legally and financially distinct and independent businesses, the franchisor and its franchisees, in which the franchisor grants its franchisees the right, and imposes the obligation, to operate a business in accordance with the franchisor's concept.
The right thus granted allows and binds the franchisee, in exchange for a direct or indirect financial contribution, to use the brand name and/or trademark for products and/or services, know-how and other intellectual property rights, supported by the ongoing provision of commercial and/or technical assistance, within the framework and for the duration of a written franchise agreement entered into between the parties for this purpose".
- Contract performance
The Code of Ethics states that the franchise contract must comply with national law, WAEMU community law and the Code of Ethics and its appendices.
It also sets out the franchisee’s duties, those of the franchisor and those common to both parties.
In particular, the franchisor must have successfully developed and operated its concept for at least a year and a half, with at least one pilot unit before launching the franchise network. The franchisor must also provide its franchisees with initial training and ongoing commercial and/or technical assistance throughout the term of the contract. It must transfer or make available to the franchisee the know-how through appropriate information and training resources, and is responsible for monitoring the proper use of this know-how by the franchisee.
As for the franchisee, they are required to work in good faith for the success of the network which they have joined, fully independently, excluding any subordinate relationship to the franchisor. The franchisee must also provide the franchisor with verifiable operational data to help determine performance, and with the financial statements required for effective management. In addition, they are bound by the principles of loyalty and confidentiality.
- Jurisdiction and applicable law
On February 1, 1991, Côte d'Ivoire ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, concluded in New York on June 10, 1958.[35]
In addition, Côte d'Ivoire is one of the 17 signatories of the Treaty on the Harmonization of Business Law in Africa, signed on October 17, 1993 in Port-Louis (Mauritius), thus establishing the Organization for the Harmonization of Business Law in Africa (OHADA)[36]. OHADA has led to numerous uniform legislation being set up, such as the Uniform Act on Arbitration Law, adopted in Conakry on November 23, 2017.[37]
Section 3-1 of this act states that :
"The arbitration agreement takes the form of an arbitration clause or an arbitration agreement. An arbitration clause is an agreement by which the parties undertake to submit to arbitration any disputes that may arise or result from a contractual relationship. A compromise is an agreement by the parties to a dispute to settle it by arbitration. The arbitration agreement must be made in writing or by any other means capable of proving its existence, in particular by reference to a document stipulating it".
- Pre-contractual information [33]
The Ivorian Franchising Code of Ethics states that franchisors must send prospective franchisees a pre-contractual information document. This must be handed over at least 30 days before the contract becomes binding. Finally, it is stated that delivery of the contractual information document does not imply any form of commitment on the part of the franchisee.
Under article 3 of the Franchising Code of Ethics, the pre-contractual information document must contain at least the six following items:
"1 - Presentation of the franchising company.
2 - Presentation of the franchisor's network.
3 - A presentation of the licensed brand.
4 - Market presentation: general market conditions and local market conditions.
5 - Presentation of the franchise agreement and related fees.
6 - Specific expenses and investments to be made by the applicant before starting operations.
- Trademarks
Trademarks are protected in Côte d'Ivoire by the Bangui Agreement, adopted on March 2, 1977, which governs intellectual property within the member states of the African Intellectual Property Organization (OAPI). This agreement provides the national law applicable in each of the seventeen member states, including Côte d'Ivoire. The Bangui Agreement was revised on December 14, 2015, and this revision came into force on November 20, 2020.
The Bangui Agreement defines a trademark as "any visible or sound sign used or intended to be used and capable of distinguishing the goods or services of a natural or legal person".
Trademark law provides for a registration system
Article 6 of the Treaty deals with the effects of trademark registration. It provides that:
"(3) Any international registration of a trademark effected under the provisions of the Treaty concerning the registration of trademarks and containing the designation of at least one Member State, to the effect of a national filing in each Member State which is also party to the said Treaty"
Thus, once an international trademark registration has been filed in one of the signatory states of the Treaty, it will produce its effects in all these signatory states in the same way as a national registration.
Article 8 of the Treaty states that :
"(1) The Organization shall carry out the administrative examination, registration and publication of trademarks and service marks in accordance with the common procedure laid down by the laws of the Member States.
(2) Registered and published trademarks shall produce their effects according to the national law of each State in each of the member States, subject to the provisions of paragraph (3) below.
(3) The international registration of a trademark effected under the provisions of the Trademark Registration Treaty which has effect in at least one member State shall, in each of the States party to this Agreement and to the Trademark Registration Treaty, produce the same effects as would have been produced if the trademark had been registered with the Organization".
Trademark registration confers on its owner an exclusive right for a renewable period of 10 years.
B. Peripheral legal data
- Competition law [41]
Franchise agreements in Côte d'Ivoire are subject to the rules of Ivorian competition law, governed by Ordinance no. 2013-662 of September 20, 2013.
Article 7 of this order created the Commission de la concurrence et de la lutte contre la vie chère (the Commission for competition and action against the high cost of living), an independent administrative authority.[1]
Article 8 sets out the Commission's remit, which includes a "general mission to monitor the market in order to detect malfunctions linked to anti-competitive practices, as provided for under Community competition law".
Article 12 of the ordinance also outlaws abuses of dominant positions, while article 11 bans cartels in certain circumstances.
Article 11 of the ordinance states that :
"Anti-competitive agreements are prohibited in particular when they concern :
- agreements restricting market access or the free exercise of competition by other companies;
- agreements aimed at directly or indirectly fixing prices, controlling selling prices, and generally hindering the determination of prices by the free play of the market by artificially favoring a rise or fall thereof; in particular, agreements between companies at different levels of production or distribution aimed at fixing resale prices;
- dividing up markets or sources of supply, in particular agreements between production or distribution companies concerning absolute territorial protection;
- limitations or controls on production, markets, technical development or investment;
- discrimination between business partners by means of unequal conditions for equivalent services;
- making the entering into of contracts conditional on acceptance, by the parties, of additional services which, by their very nature or according to commercial usage, have no connection with the purpose of these contracts.
Abusive practices may include:
- directly or indirectly impose unfair purchase or selling prices or other unfair trading practices; restricting production, markets or technical development to the detriment of consumers;
- apply unequal conditions to equivalent services, thereby placing business partners at a competitive disadvantage;
- make the entering into of a contract conditional on the acceptance by the parties of additional services which, by their nature or according to commercial practice, have no connection with the purpose of the contract".
The ordinance provides for civil or criminal penalties, depending on the case. For example, selling at a loss is subject to a criminal penalty under article 15 of the Ordinance.
- Personal data
Côte d'Ivoire has adopted law n°2013-450 of June 19, 2013 on the protection of personal data in order to meet the demands of digital transformation.
Section 1of this law defines personal data as "any information of any kind whatsoever and regardless of its medium, including sound and image relating to a natural person identified or identifiable directly or indirectly, by reference to an identification number or to one or more factors specific to his or her physical, physiological, genetic, mental, cultural, social or economic identity."
Thus, by virtue of section 3, the following in particular are subject to the law:
-
any collection, processing, transmission, storage and use of personal data by a natural person, the State, local authorities, legal entities under public or private law;
-
any automated or non-automated processing of data contained or intended to be contained in a file;
-
any data processing carried out within the national territory.
Section 46 of the law establishes the Autorité de protection des données à caractère personnel[1] (the Authority for the protection of data of a personal nature), an independent administrative authority responsible for regulating telecommunications and information and communication technologies.
All such data processing is therefore subject to prior declaration to the national Data Protection Authority. This declaration must include an undertaking that the processing complies with the Data Protection Act. The Data Protection Authority then issues a receipt allowing the applicant to carry out data processing.
- Special provisions for foreign investments
Foreigners can invest in Côte d'Ivoire completely freely, without restriction. Foreign investors enjoy equal treatment with local investors, and the acquisition of a majority shareholding in a local company is authorized. The Centre de Promotion des Investissements en Côte d'Ivoire (CEPICI) (Center for the Promotion of Investment in Cote d’Ivoire) is a key platform for obtaining information on the authorizations required to set up a business.[1]
It is important to note that Côte d'Ivoire has adopted an Investment Code, established by Ordinance n°2012-487 of June 7, 2012[2]. This code brings together a set of incentives designed to tailor the private investment regime to economic developments and growth prospects. It sets out the conditions, advantages and general rules applicable to direct investments, both domestic and foreign, made in the country.[3]
- Main websites
-
Ivorian Franchise Federation: https://fifranchise.org/
-
World Bank data: https://donnees.banquemondiale.org/
-
Trademark law: https://wipolex-res.wipo.int/edocs/lexdocs/treaties/fr/oa002/trt_oa002.pdf
-
Competition law: https: https://www.africa-laws.org/Ivory/Competition%20law/Ordonnance%20N%C2%B0%202013-662%20relative%20%C3%A0%20la%20concurrence.pdf
-
Personal data: https: https://www.artci.ci/index.php/secteurs-regules/protection-des-donnees.html
-
Foreign investment: https: https://cotedivoire.eregulations.org/menu/112?l=fr
-
Franchise Code of Ethics: https: https://www.cotedivoirefranchise.com/articles/48-code-de-deontologie-de-la-franchise/?page=1
[1] Unless otherwise stated, general data from
[2] https://www.diplomatie.gouv.fr/fr/dossiers-pays/cote-d-ivoire/presentation-de-la-cote-d-ivoire/
[3] https://www.diplomatie.gouv.fr/fr/dossiers-pays/cote-d-ivoire/presentation-de-la-cote-d-ivoire/
[4] https://fr.wikipedia.org/wiki/C%C3%B4te_d%27Ivoire
[5] https://hdr.undp.org/sites/default/files/Country-Profiles/fr/CIV.pdf?utm_source=chatgpt.com
[6] www.gouv.ci
[7] https://www.diplomatie.gouv.fr/fr/dossiers-pays/cote-d-ivoire/presentation-de-la-cote-d-ivoire/
[8] https://perspective.usherbrooke.ca/bilan/servlet/BMPays/CIV
[9] https://www.diplomatie.gouv.fr/fr/dossiers-pays/cote-d-ivoire/presentation-de-la-cote-d-ivoire/
[10] Unless otherwise stated, the information below is taken from the Atlas socio-économique des pays du monde, Larousse, edition.
[11] https://www.diplomatie.gouv.fr/fr/dossiers-pays/cote-d-ivoire/presentation-de-la-cote-d-ivoire/
[12] https://www.banquemondiale.org/fr/country/cotedivoire/overview
[13] https://www.diplomatie.gouv.fr/fr/dossiers-pays/cote-d-ivoire/presentation-de-la-cote-d-ivoire/
[14] Ditto
[15] https://www.diplomatie.gouv.fr/fr/dossiers-pays/cote-d-ivoire/presentation-de-la-cote-d-ivoire/
[16] Atlas socio-économique des pays du monde, Larousse, 2024 edition.
[17] Atlas socio-économique des pays du monde, Larousse, 2024 edition.
[18] Unless otherwise stated, the information below is taken from the Atlas socio-économique des pays du monde, Larousse, 2024 edition.
[19] https://donnees.banquemondiale.org/pays/cote-divoire
[20] https://export.agence-adocc.com/fr/fiches-pays/cote-d-ivoire/investir2
[21] https://www.cotedivoirefranchise.com/articles/33-etat-des-lieux-de-la-franchise-en-cote-d-ivoire/
[22] Angre Mahou, Abidjan Cocody ; (+225) 01 5142 6287 ; contact@fifranchise.orgfifranchise@gmail.com
[24] https://www.facebook.com/lrdfci
[25] https://www.cotedivoirefranchise.com/articles/33-etat-des-lieux-de-la-franchise-en-cote-d-ivoire/
[28] https://www.franchisedirecte.fr/franchisesinternational/cote-divoire/51/
[29] https://wefranchiz.com/la-franchise-en-afrique/
[30] https://www.cotedivoirefranchise.com/articles/33-etat-des-lieux-de-la-franchise-en-cote-d-ivoire/
[31] https://www.cotedivoirefranchise.com/articles/33-etat-des-lieux-de-la-franchise-en-cote-d-ivoire
[32] https://www.cotedivoirefranchise.com/articles/48-code-de-deontologie-de-la-franchise/?page=1
[33] https://www.cotedivoirefranchise.com/articles/48-code-de-deontologie-de-la-franchise/?page=1
[34] https://www.cotedivoirefranchise.com/articles/48-code-de-deontologie-de-la-franchise/?page=1
[35] https://www.newyorkconvention.org/french
[36] https://www.ohada.com/textes-ohada/actes-uniformes.html
[37] https://www.droit-afrique.com/uploads/Ohada-Acte-Uniforme-2017-Arbitrage.pdf
[38] https://www.droit-africain.com/cote-divoire-propriete-intellectuelle-2/#:~:text=L registration%20of%20a%20trademark,in%20totalit%C3%A9%20or%20in%20part
[39] Article 2, Annex III
[40] https://wipolex-res.wipo.int/edocs/lexdocs/treaties/fr/oa002/trt_oa002.pdf
Special provisions for foreign investments
Foreigners can invest in Côte d'Ivoire completely freely, without restriction. Foreign investors enjoy equal treatment with local investors, and the acquisition of a majority shareholding in a local company is authorized. The Centre de Promotion des Investissements en Côte d'Ivoire (CEPICI) (Center for the Promotion of Investment in Cote d’Ivoire) is a key platform for obtaining information on the authorizations required to set up a business.[1]
It is important to note that Côte d'Ivoire has adopted an Investment Code, established by Ordinance n°2012-487 of June 7, 2012[2]. This code brings together a set of incentives designed to tailor the private investment regime to economic developments and growth prospects. It sets out the conditions, advantages and general rules applicable to direct investments, both domestic and foreign, made in the country.[3]
Main websites
-
Ivorian Franchise Federation: https://fifranchise.org/
-
World Bank data: https://donnees.banquemondiale.org/
-
Trademark law: https://wipolex-res.wipo.int/edocs/lexdocs/treaties/fr/oa002/trt_oa002.pdf
-
Competition law: https: https://www.africa-laws.org/Ivory/Competition%20law/Ordonnance%20N%C2%B0%202013-662%20relative%20%C3%A0%20la%20concurrence.pdf
-
Personal data: https: https://www.artci.ci/index.php/secteurs-regules/protection-des-donnees.html
-
Foreign investment: https: https://cotedivoire.eregulations.org/menu/112?l=fr
-
Franchise Code of Ethics: https: https://www.cotedivoirefranchise.com/articles/48-code-de-deontologie-de-la-franchise/?page=1
