adopted regime is the same.
149 In addition to articles 41 and 42 that provided for a
criteria to contractual obligation and subsidiary norm applicable in the case of
absence of a specific manifestation of the will of the parties which is not well suited
to the internet, the basic rule on this matter is article 45 that regulates extracontractual liability, adopting as a basic criteria the idea that the applicable law is
the law of the State where the main act that caused the harm occurred or of the State
where one should have acted. But, if the law where the act happened does not
consider the agent liable, the law of the state of the victim would be applicable, but
only if the latter should have foreseen the harm in that country as a consequence of
their actions. Another exception encompasses cases where both agent and victim are
of the same nationality or in the absence of this have the same place of residence and
accidentally they are abroad, when the applicable law will be of the country of
nationality or of the country in which they habitually reside, despite the applicability
of those provisions of the local State that are applicable to all persons.
5 Concluding Remarks
5.1 The Basic Approach to Regulation of Data Protection
on the Internet
a) The General Cape Verdean System on Data Protection is grounded in a
Constitutional Right, the right to data protection, that the Basic Law as
interpreted by the Constitutional Court considers a group of safeguards and
guarantees connected to a general right to privacy and also to the rights to
image, identity and development of personality;
b) The System is developed in a centralised and systematic manner, i.e., with a
general law on data protection at its centre, which is completed by other more
specific legislation, that often defer regulation to that law;
c) The System is comprehensive and adopts a very broad concept of data protection and divides it into two species: sensitive data and ordinary data, with
stricter limits to the gathering and processing in the case of sensitive data in
general associated to thought, conscience and immutable personal characteristics and circumstances;
d) Self-regulation by corporate codes of conduct and similar, play in law and still
more in practice a limited role in regulation, designed exclusively to allow
adaptation to particularities of different sectors of activity and enhance the
general protection, without the possibility of downgrading its level;
e) Relevant rules impose duties of conduct both on public and private entities and,
in a limited manner, it is applicable extraterritorially;
149 Moura Vicente (2005), pp. 307–309.
Data Protection in the Internet: Cape Verde’s National Report
109
149 In addition to articles 41 and 42 that provided for a
criteria to contractual obligation and subsidiary norm applicable in the case of
absence of a specific manifestation of the will of the parties which is not well suited
to the internet, the basic rule on this matter is article 45 that regulates extracontractual liability, adopting as a basic criteria the idea that the applicable law is
the law of the State where the main act that caused the harm occurred or of the State
where one should have acted. But, if the law where the act happened does not
consider the agent liable, the law of the state of the victim would be applicable, but
only if the latter should have foreseen the harm in that country as a consequence of
their actions. Another exception encompasses cases where both agent and victim are
of the same nationality or in the absence of this have the same place of residence and
accidentally they are abroad, when the applicable law will be of the country of
nationality or of the country in which they habitually reside, despite the applicability
of those provisions of the local State that are applicable to all persons.
5 Concluding Remarks
5.1 The Basic Approach to Regulation of Data Protection
on the Internet
a) The General Cape Verdean System on Data Protection is grounded in a
Constitutional Right, the right to data protection, that the Basic Law as
interpreted by the Constitutional Court considers a group of safeguards and
guarantees connected to a general right to privacy and also to the rights to
image, identity and development of personality;
b) The System is developed in a centralised and systematic manner, i.e., with a
general law on data protection at its centre, which is completed by other more
specific legislation, that often defer regulation to that law;
c) The System is comprehensive and adopts a very broad concept of data protection and divides it into two species: sensitive data and ordinary data, with
stricter limits to the gathering and processing in the case of sensitive data in
general associated to thought, conscience and immutable personal characteristics and circumstances;
d) Self-regulation by corporate codes of conduct and similar, play in law and still
more in practice a limited role in regulation, designed exclusively to allow
adaptation to particularities of different sectors of activity and enhance the
general protection, without the possibility of downgrading its level;
e) Relevant rules impose duties of conduct both on public and private entities and,
in a limited manner, it is applicable extraterritorially;
149 Moura Vicente (2005), pp. 307–309.
Data Protection in the Internet: Cape Verde’s National Report
109