TANZANIA
Since August 2017
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Electronic and Postal Communications (Investigation) Regulations, 2017
Pursuant to Regulations 4 and 5 of the Electronic and Postal Communications (Investigation) Regulations, any individual's communications may be intercepted by the Director General of the Tanzania Intelligence and Security Service or the Director of Criminal Investigations for purposes including, but not limited to, the preservation or protection of national security, and the safeguarding of public safety, economic well-being, or the interests of the country. In accordance with Regulations 8 and 12, where the Director of Criminal Investigations intends to intercept communications, they are required to apply for a warrant from the Inspector General of Police, but not from a judge.
Coverage Horizontal
TANZANIA
Since May 2015
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Cybercrime Act, 2015
The Cybercrimes Act (2015) establishes a safe harbour regime for intermediaries for copyright infringements. Pursuant to Sections 39-44 of the Act, service providers are exempt from liability for information stored, transmitted, hyperlinked on their networks, or accessed through their search engines, provided they comply with certain conditions. These conditions require that the service provider neither initiates the transmission nor selects or modifies the information. Furthermore, if a service provider becomes aware of illegal content on their platform through means other than an order from a public authority, they are obligated to promptly notify the relevant authority. Additionally, upon becoming aware of such illicit content or receiving a takedown notice, the provider must take immediate action to remove or restrict access to the information. These provisions aim to protect intermediaries while encouraging the responsible management of illegal content on their platforms.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20221006144603/https://www.parliament.go.tz/polis/uploads/bills/acts/1452061463-ActNo-14-2015-Book-11-20.pdf
- https://web.archive.org/web/20230327033403/https://cipesa.org/2017/04/tanzania-court-deals-a-blow-to-intermediary-liability-rules/
- https://web.archive.org/web/20221012150652/https://cipesa.org/?wpfb_dl=254
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TANZANIA
Since May 2015
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Cybercrime Act, 2015
The Cybercrimes Act (2015) establishes a safe harbour regime for intermediaries beyond copyright infringements. Pursuant to Sections 39-44 of the Act, service providers are exempt from liability for information stored, transmitted, hyperlinked on their networks, or accessed through their search engines, provided they comply with certain conditions. These conditions require that the service provider neither initiates the transmission nor selects or modifies the information. Furthermore, if a service provider becomes aware of illegal content on their platform through means other than an order from a public authority, they are obligated to promptly notify the relevant authority. Additionally, upon becoming aware of such illicit content or receiving a takedown notice, the provider must take immediate action to remove or restrict access to the information. These provisions aim to protect intermediaries while encouraging the responsible management of illegal content on their platforms.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20221006144603/https://www.parliament.go.tz/polis/uploads/bills/acts/1452061463-ActNo-14-2015-Book-11-20.pdf
- https://web.archive.org/web/20230327033403/https://cipesa.org/2017/04/tanzania-court-deals-a-blow-to-intermediary-liability-rules/
- https://web.archive.org/web/20221012150652/https://cipesa.org/?wpfb_dl=254
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TANZANIA
Since March 2010, as amended in 2017, last amended in 2022
Since January 2018
Since June 2017
Since January 2018
Since June 2017
Pillar Telecom infrastructure & competition |
Sub-pillar Other restrictions to operate in the telecom market
Electronic and Postal Communications
Electronic and Postal Communications (Licensing) Regulations, 2018
Finance Act 2017
Electronic and Postal Communications (Licensing) Regulations, 2018
Finance Act 2017
According to Art. 26 of the Electronic and Postal Communications Act 2010, as amended in 2017 by the Finance Act (2017), licensees holding Network Facilities and Network Service licenses are required to offer at least 25% of their shares to the public—both local and foreign—through an Initial Public Offering (IPO) on the Dar es Salaam Stock Exchange (DSE). If a licensee fails to meet the prescribed 25% threshold of issued and paid-up share capital following the IPO, the Capital Markets and Securities Authority, in consultation with the Minister responsible for Capital Markets and considering market conditions, will issue directives to guide the licensee on how to achieve the 25% shareholding requirement. This requirement is also confirmed in Section 22(a) of the Licensing Regulations (2018).
Additionally, the application and initial licensing fees vary depending on the type of license and coverage area—International, National, or Regional. According to the first schedule of the Electronic and Postal Communications (Licensing) Regulations, the fees for Network Services are as follows: International coverage requires an application fee of USD 10,000, an initial license fee of USD 300,000, and a renewal license fee of USD 400,000; National coverage requires an application fee of USD 5,000, an initial license fee of USD 600,000, and a renewal license fee of USD 750,000; Regional coverage requires an application fee of USD 2,000, an initial license fee of USD 23,100, and a renewal license fee of USD 26,500.
Additionally, the application and initial licensing fees vary depending on the type of license and coverage area—International, National, or Regional. According to the first schedule of the Electronic and Postal Communications (Licensing) Regulations, the fees for Network Services are as follows: International coverage requires an application fee of USD 10,000, an initial license fee of USD 300,000, and a renewal license fee of USD 400,000; National coverage requires an application fee of USD 5,000, an initial license fee of USD 600,000, and a renewal license fee of USD 750,000; Regional coverage requires an application fee of USD 2,000, an initial license fee of USD 23,100, and a renewal license fee of USD 26,500.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20241121155920/http://parliament.go.tz/polis/uploads/bills/acts/1452072364-ActNo-3-2010.pdf
- https://web.archive.org/web/20220729090357/https://www.tcra.go.tz/uploads/documents/sw-1619086529-The%20Electronic%20and%20Postal%20Communications%20(Licensing)%20Regulations,%202018.pdf
- https://www.tcra.go.tz/download/sw-1619083753-Tha%20Finance%20Act,%202017.pdf
- https://web.archive.org/web/20230319054757/https://www.tcra.go.tz/uploads/documents/sw-1619018762-General%20Guidelines.pdf
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TANZANIA
Since March 2010, last amended in 2022
Pillar Intermediary liability |
Sub-pillar User identity requirement
Electronic and Postal Communications Act, 2010
Pursuant to Sections 93 and 94 of the Electronic and Postal Communications Act, individuals wishing to acquire and use a mobile telephone with either a detachable or embedded SIM card must provide identity verification documentation before purchase.
Coverage Telecommunications sector
TANZANIA
Since September 2023, entry into force in September 2024
Since December 2013, last amended in October 2018
Since December 2013, last amended in October 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act, 2023
Public Procurement Regulations, 2013
Public Procurement Regulations, 2013
According to Art. 56.2 of the Public Procurement Act 2023, the procuring entity shall grant a margin of preference for the benefit of tenders for certain goods manufactured in Tanzania, for works by Tanzania contractors, or services provided by Tanzania consultants, when procuring goods, works, or services by means of international or national tendering or when evaluating and comparing tenders, provided that this is clearly stated in the tender documents.
Regarding goods, according to Art. 60 of the Public Procurement Act 2023 and Art. 37 of the Public Procurement Regulations 2013 (which remain in effect until the publication of new regulations as mandated by Art. 131 of the Public Procurement Act 2023), the margin of preference can go up to 15% for domestically manufactured or produced goods and related services in contracts awarded through international or national competitive tendering.
Regarding contracts for works, consultancy or non-consultancy services, the procuring entity shall grant a margin of preference of up to 10% to local firms or association between local and foreign firms, according to Section 34 of the Public Procurement Regulations 2013.
Regarding goods, according to Art. 60 of the Public Procurement Act 2023 and Art. 37 of the Public Procurement Regulations 2013 (which remain in effect until the publication of new regulations as mandated by Art. 131 of the Public Procurement Act 2023), the margin of preference can go up to 15% for domestically manufactured or produced goods and related services in contracts awarded through international or national competitive tendering.
Regarding contracts for works, consultancy or non-consultancy services, the procuring entity shall grant a margin of preference of up to 10% to local firms or association between local and foreign firms, according to Section 34 of the Public Procurement Regulations 2013.
Coverage Horizontal
TANZANIA
Since September 2023, entry into force in September 2024
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Act, 2023
According to Art. 64 of the Public Procurement Act, purchasing body shall allocate a percentage of its annual procurement for special social groups in accordance with the procedures specified in the regulations. In making the regulations the Minister shall consult with the ministries responsible for special groups. For the purposes of this section, "special groups" include women, youth, the elderly and persons with special needs.
Coverage Horizontal
TANZANIA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Tanzania is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
TANZANIA
Since January 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Electronic and Postal Communications (Licensing) Regulations, 2018
Section 22 (b) of the Licensing Regulations, 2018 stipulated that the majority shareholders (51%) of the Content Service Licensee should be Tanzanian citizens. The Content Licensee, under the regulations, is an entity authorised to provide radio or television broadcasting free to air or content services by subscription. According to Art. 27, a content services licence for subscription includes "Channel aggregation", that is the packaging of individual licensed or authorized channels into a specific basket of channels for distribution by a multiplex operator. The latter is a digital transmission channel which combines program material and other data in a digital form for transmission via a frequency channel.
Coverage Digital TV sector
TANZANIA
Since January 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Electronic and Postal Communications (Licensing) Regulations, 2018
Section 22 of the Electronic and Postal Communications (Licensing) Regulations stipulates that foreign investment in the telecommunications sector is restricted to a maximum of 75%.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250128163306/https://www.tcra.go.tz/download/sw-1619086529-The%20Electronic%20and%20Postal%20Communications%20%28Licensing%29%20Regulations,%202018.pdf
- https://web.archive.org/web/20231003005309/https://www.state.gov/reports/2023-investment-climate-statements/tanzania/
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=2906456&id2=&id3=&sPath=000021090010903&mzMode=Modes3
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TANZANIA
Since July 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
The Patents (Registration) Act Cap 217 R.E 2002
Under the Patents (Registration) Act Cap 217 R.E 2002, foreigners may obtain the same protection as nationals of Tanzania. However, according to Art. 18 of the law, applicants not residing in Tanzania must appoint a patent attorney domiciled in the country to represent the applicant before the Patent Office. In addition, according to Art. 26, foreign parties may pay the required fees only through a patent agent domiciled in Tanzania.
Coverage Horizontal
Sources
TANZANIA
Since September 1999
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Tanzania is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
TANZANIA
Since December 1999
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright and Neighbouring Rights Act, 1999
The Copyright and Neighbouring Rights Act provides a clear regime of copyright exceptions that refers to the concept of "fair practice", which enables the lawful use of copyrighted work by others without obtaining permission. Sections 12 and 26 list the exceptions, which include utilisation for the purposes of education and utilisation by way of illustration in an original work of an author or authors, provided that the extent of such utilisation is compatible with fair practice, among others.
Coverage Horizontal
TANZANIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Tanzania has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
TANZANIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Tanzania has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal