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The question of the law applicable to electronic contracts with a foreign element is only partially settled by Law n°045-2009/AN on the regulation of electronic services and transactions in Burkina Faso and the Additional Act A/SA.2/01/10 of 16 February 2010 on electronic transactions in the ECOWAS area. Indeed, if articles 4, paragraph 2 of the first and 7,
2 of the second expressly recognize the freedom of the parties to choose the law applicable to their contract, things are less precise about the applicable law in the absence of this subjective connection. On this other aspect of the question, the Additional Act distinguishes between B2B and B2C contracts and (expressly) provides for a subsidiary (relatively protective) connecting rule only for the latter.
About the author
The author is currently conducting a doctoral research on personal data law in the ECOWAS region at the Thomas SANKARA University in Burkina Faso.He benefits in the framework of this research from a mobility stay at the Center of Private Law of the University Saint-Louis-Brussels on financing of the ARES.
