ZIMBABWE
Since March 2000
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Postal and Telecommunications Act, [Chapter 12:05]
According to Section 62, the telecommunication apparatus requires approval of the Authority before it is connected for use by a licensee. As a basis of approval, the Authority may publish a notice in the Gazette establishing standards to which an apparatus of a specified description shall conform to be approved. It is reported that self-declaration of conformity is not allowed in Zimbabwe.
Coverage Telecom equipment
ZIMBABWE
Since August 2020
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Mid-Term Monetary Policy Statement
According to Art. 47 of the Mid-Term Monetary Policy Statement, users are restricted to only one mobile wallet account per person and a daily transfer limit of ZW 5,000 (approx. USD 50). This applies to individuals for person-to-person transfers, person-to-merchant payments for goods and services, bill settlement and purchase of airtime. In addition, pursuant to Art. 50 merchants are not allowed to make payments from their wallets. This is also the case for agent mobile money wallets, which have been abolished by the Policy. In this regard, users can no longer make transactions through mobile money agents. It is reported that this is likely to affect customers in rural Zimbabwe who rely on the agents to access mobile money services. These agents gave rural consumers the opportunity to integrate into the financial system.
Coverage Mobile money
ZIMBABWE
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 10, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
ZIMBABWE
Since December 2019
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection Act (Chap 14:44) of 2019
The Consumer Protection Act (Chapter 14:44) of 2019 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
ZIMBABWE
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Zimbabwe has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ZIMBABWE
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Zimbabwe has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
ZIMBABWE
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Zimbabwe has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
ZIMBABWE
Since August 2007
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Interception of Communications Act of 2007
The Interception of Communications Act provides wide-ranging powers to state security agencies to have access to personal data. Section 5 mandates that intelligence, defence, police, and prison services request warrants of interception from the executive in charge of postal and telecommunication services. Section 9 of the Interception of Communications Act instructs ISPs to install necessary surveillance technologies and intercept any content that the state may deem fit. In addition, Section 9 obliges data services providers and processors to cooperate with the state in enabling data access. To this end, data processors are instructed to capture full personal information, regularly update it, and use technologies that can be intercepted.
It is reported that warrants allowing the monitoring and interception of communications are issued by the Minister of Information at their discretion. Consequently, there is no adequate judicial oversight or other independent safeguard against abuse, and the extent and frequency of monitoring remains unknown.
It is reported that warrants allowing the monitoring and interception of communications are issued by the Minister of Information at their discretion. Consequently, there is no adequate judicial oversight or other independent safeguard against abuse, and the extent and frequency of monitoring remains unknown.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220303111756/http://www.potraz.gov.zw/wp-content/uploads/2015/04/Interception%20of%20communications%20Act.pdf
- https://web.archive.org/web/20230925035603/https://freedomhouse.org/country/zimbabwe/freedom-net/2020
- https://web.archive.org/web/20220201190016/https://cipesa.org/?wpfb_dl=477
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ZIMBABWE
Since March 2000
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Postal and Telecommunications Act, [Chapter 12:05]
The Postal and Telecommunications Act allows the government to intercept ostensibly suspicious communications (Section 98) and requires a telecommunications licensee, such as an ISP, to supply information to government officials upon request. It is not clear whether a court order is required.
Coverage Telecommunications sector
ZIMBABWE
Since December 2021, entry into force in March 2022
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Cyber and Data Protection Act [Chapter 12:07]
The Cyber and Data Protection Act provides for a safe harbour regime in Zimbabwe. This is provided for in Section 379C(1), which states that an ISP shall not be responsible or liable for a crime if they have not initiated the transmission, selected the receiver of the transmission and/or modified the information contained in the transmission. Most importantly, the Act provides that the ISPs will not be liable for data carried on their platforms and those of intermediaries if they remove it after a court order. In addition, ISPs and intermediaries will not be liable if they remove the information upon their realisation or gain knowledge that the information is illegal.
Coverage Internet Service Providers
ZIMBABWE
Since December 2021, entry into force in March 2022
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Cyber and Data Protection Act [Chapter 12:07]
The Cyber and Data Protection Act provides for a safe harbour regime in Zimbabwe. This is provided for in Section 379C(1), which states that an ISP shall not be responsible or liable for a crime if they have not initiated the transmission, selected the receiver of the transmission and/or modified the information contained in the transmission. Most importantly, the Act provides that the ISPs will not be liable for data carried on their platforms and those of intermediaries if they remove it after a court order. In addition, ISPs and intermediaries will not be liable if they remove the information upon their realisation or gain knowledge that the information is illegal.
Coverage Internet Service Providers
ZIMBABWE
Since September 2013
Pillar Intermediary liability |
Sub-pillar User identity requirement
Postal and Telecommunications (Subscriber Registration) Regulations, 2013
According to Art. 5.1 of the Postal and Telecommunications (Subscriber Registration) Regulations, 2013. Telecommunications providers must each establish a subscriber database of all SIM card holders, connecting their phone number to their name, address, gender, nationality, and passport or ID number. The law obliges service providers to regularly hand over copies of this data to the government, which will then establish its own central subscriber information database.
Coverage Telecommunications service providers
Sources
- https://web.archive.org/web/20240326022214/http://www.veritaszim.net/sites/veritas_d/files/SI%202013-142%20-%20Postal%20and%20Telecommunications%20(Subscriber%20Registration)%20Regulations%2C%202013.p...
- https://web.archive.org/web/20241204210831/https://privacyinternational.org/news-analysis/1496/zimbabwe-threatening-privacy-rights-new-sim-registration-database
- https://web.archive.org/web/20210805153426/https://zimbabwe.misa.org/2016/04/01/misa-zimbabwe-statement-on-the-postal-and-telecommunications-subscriber-registration-regulations/
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ZIMBABWE
Reported in 2024
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Zimbabwe for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal
ZIMBABWE
Since February 2002, as amended in September 2003
Since October 2004, last amended in July 2020
Since October 2004, last amended in July 2020
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Broadcasting Services Act
Broadcasting Services (Licensing and Content) Regulations, 2004
Broadcasting Services (Licensing and Content) Regulations, 2004
According to Art. 7.1 of the Broadcasting Services Act, no person may provide a broadcasting service or operate as a signal carrier in Zimbabwe without a broadcasting licence or a signal carrier licence. Art. 7.2 specifies that a broadcasting licence authorises the licensee to offer various types of broadcasting services, including narrowcasting, datacasting, and webcasting. However, under Art. 8.1, a broadcasting licence can only be issued to individuals who are citizens of Zimbabwe or to a corporate entity in which a controlling interest is held, whether directly or indirectly, by one or more Zimbabwean citizens.
Art. 7 of Broadcasting Services (Licensing and Content) Regulations, 2004 provides the licensing requirements for narrowcasting, datacasting, and webcasting. It is reported that the Zimbabwean authorities might use this section to require licensing fees for video-on-demand and live-streaming services (YouTube, Facebook, Netflix, etc.), and, as a result, smaller companies have to obtain licenses ranging from USD 2,500 to USD 20,000.
Art. 7 of Broadcasting Services (Licensing and Content) Regulations, 2004 provides the licensing requirements for narrowcasting, datacasting, and webcasting. It is reported that the Zimbabwean authorities might use this section to require licensing fees for video-on-demand and live-streaming services (YouTube, Facebook, Netflix, etc.), and, as a result, smaller companies have to obtain licenses ranging from USD 2,500 to USD 20,000.
Coverage Video-on-demand and live streaming services
Sources
- https://web.archive.org/web/20240511102706/https://www.itu.int/ITU-D/projects/ITU_EC_ACP/hipssa/Activities/SA/docs/SA-1_Legislations/Zimbabwe/Broadcasting_Services_Act.PDF
- https://web.archive.org/web/20240623065517/https://www.veritaszim.net/sites/veritas_d/files/SI%202020-027%20Broadcasting%20Services%20(Licensing%20and%20Content)%20(Amendment)%20Regulations%2C%202020%...
- https://web.archive.org/web/20210124213402/https://zimbabwe.misa.org/2018/01/31/government-broadcasting-licence-call-questionable/
- https://web.archive.org/web/20230917035331/https://www.refworld.org/pdfid/5108df192.pdf
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ZIMBABWE
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Lack of independent telecom authority
Zimbabwe has a telecommunications authority: The Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ). However, it is reported that this entity is not fully independent.
Coverage Telecommunications sector
Sources