Zambia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

Zambia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

The Competition and Consumer Protection Act of 2010 provides a comprehensive framework for consumer protection that also applies to online transactions.

It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 50 for commercial shipments (below the 200 USD threshold recommended by the International Chamber of Commerce (ICC) and USD 2,000 for personal shipments.

Registration for the ".zm" country code top-level domain (ccTLD) is managed by ZICTA as provided for under the 2021 Electronic Communications and Transactions Act. It is reported that such public ownership may compromise the anonymity of ".zm "website owners, given the potential lack of independence of the regulatory authority. Almost all independent online news sites use the ".com" domain, which may stem from a distrust of ZICTA. The Act also provides a government minister with the authority to create statutory agreements governing domain name registration and “the circumstances and manner in which registrations may be assigned, registered, renewed, refused, or revoked.”. Such direct oversight of local web domains may allow the government to access user data belonging to local content creators and hosts. Moreover, the applicant has to be an entity based in Zambia.

Section 34 of Act No. 4 of 2021 requires a person who intends to provide cryptography services to apply for registration to the National Root Certification Authority and to pay the prescribed fee. It is reported that the registration requirements might make it easy for the regulator and other government agencies to access information held by encryption services providers, including decryption keys and encrypted data. Under Section 34, a person who provides a cryptography service without registration is liable for a fine of 150,000 Kwacha (approx. USD 8,300) or imprisonment of up to five years. Moreover, per Section 83, the Minister may, by statutory instrument, prescribe procedures for service providers to inform the competent public authorities of alleged illegal activities or information provided by recipients of their service and communicate to the competent authorities, at their request, information enabling the identification of recipients of their service. Section 85 permits the use of encryption, regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, in the manner provided for under the law. Further, section 86 of the Act provides that the Act should not be construed as requiring the use of any form of encryption that “limits or affects the ability of the person to use encryption without a key escrow function, or limits or affects the ability of the person who uses encryption with a key escrow function not to use a key holder.” Section 89 punishes the use of encryption to obstruct or impede a law enforcement officer or interfere with their performance of any functions under the Act, with a fine of up to 60,000 Kwacha (approx. USD 2,700), imprisonment for a term not exceeding two years, or both.
Act No. 4 of 2021 repealed and replaced Act No. 21 of 2009. Sections 22 and 23 of Act No. 21 established a register of all cryptography providers. A person could not provide cryptographic services or products unless they were registered with the Communications Authority. Section 89 of Act No. 21 made it an offence to use encryption to hinder or obstruct a law enforcement officer or to interfere with the performance by a law enforcement officer of any function under the Act.

Section 66 of the Information and Communication Technologies Act prohibits the use, supply, sell, offer for sale or lease or hire of any type of electronic communications equipment or electronic communications apparatus, including radiocommunications equipment, used or to be used in connection with the provision of electronic communications unless subjected to approval test to ascertain conformance with the technical standards formulated by the Authority.
It is reported that test certificates from foreign laboratories are accepted if the laboratories are accredited.

In August 2020, the Independent Broadcasting Authority (IBA) stated that online broadcasters would have to apply for licenses from the authority and be subject to its regulations. The statement followed an investigation into whether Prime TV could operate exclusively online. Legal experts criticized the IBA's assertion that Zambian law (through the Zambia Information and Communications Technology Association Act) designates the Zambia Information and Communications Technology Authority (ZICTA) as the sole regulator with authority over the Internet. However, the IBA reiterated that online broadcasters must register with the regulator by March 2021.

According to Art. 34 of the Electronic Communications and Transactions of 2021, it is required for cryptography services providers to get registered with the National Root Certification Authority. The provision has been carried over from the Electronic Communications and Transaction Act of 2009. Provision of cryptography services without registration is a criminal offense, punishable by imprisonment of up to five years, a fine of up to 150,000 kwacha ($7,100), or both.

The Cyber Security and Cyber Crimes Act (CSCCA), passed in March 2021, is reported to be a tool for the government to be more intrusive into their opponents' technology engagement with reported cases of blocking domestic media outlets. In addition, it is reported that the Zambian government restricted WhatsApp and other social platforms such as Facebook, Instagram, Messenger, and Twitter on election day the 12th of August 2021. The platforms were blocked on most networks, in response to an order from the Communications Authority (ZICTA). Access to all platforms was restored on August 14, after the high court issued a stay on ZICTA’s blocking order in response to a lawsuit filed by the Chapter One Foundation.

It is reported that anonymous communication through digital media is compromised by SIM card registration requirements instituted in 2012. The government drew the mandate to introduce SIM Card registration from Section 12 of the ICT (Registration of Electronic Communication Apparatus) Regulations 2011. The registration requires an original and valid identity card, such as a national registration card, to be presented in person to the mobile service provider. While the government indicated that the registration requirements were instituted to combat crime, investigative reports from 2012 found that subscriber details may be passed directly to the secret service for the creation of a mobile phone user database.

Service providers and technology companies are required by law to assist the government in the lawful interception of communications and the law gives the government significant powers to compel service providers to monitor communications. According to Section 9 of the Cyber Security and Cyber Crimes Act, a cyber inspector may in the performance of the inspector’s functions, with a warrant—(a) monitor and inspect a computer system or activity on an information system, where such activity or information is not in public domain or is not accessible to the public; (b) enter and inspect the premises of a cyber security service provider if there is reasonable ground to believe that the licensee has contravened the provisions of this Act; and (c) audit critical information infrastructure".

According to Part X of the Electronic Communications and Transactions Act, 2021, service providers are not liable for infringing material transmitted, routed, or stored on their networks or platforms as long as the provider does not modify the data; complies with conditions on access to the data; does not have actual knowledge of the infringing material; and removes or disables access to the data stored on receiving a takedown notice. The safe harbour provision also extends to hyperlink providers and hosting service providers. The Act provides for a “notice and takedown” procedure. Further, it does not place a general obligation on a service provider to monitor unlawful activities within their platform and neither does it impose liability for the use of location tools by a service provider.

According to Part X of the Electronic Communications and Transactions Act, 2021, a service provider is not liable for providing access to, or for operating facilities for information systems or transmitting, routing or storage of data messages through an information system under the service provider’s control, as long as the provider does not modify the data; complies with conditions on access to the data; does not have actual knowledge of the infringing material; and removes or disables access to the data stored on receiving a takedown notice. The safe harbour provision also extends to hyperlink providers and hosting service providers. The Act provides for a “notice and takedown” procedure. Further, it does not place a general obligation on a service provider to monitor unlawful activities within their platform and neither does it impose liability for the use of location tools by a service provider.

Section 38 of the Cyber Security and Cyber Crimes Act requires electronic communication service providers to use electronic communication systems that are technically capable of supporting lawful interceptions, install hardware and software facilities and devices that enable interception, provide services capable of rendering real time and fulltime monitoring facilities for the interception of communications, and provide call-related information in real time or as soon as possible upon call termination. Further, service providers are required to provide interfaces for transmission of intercepted communication to the Central Monitoring and Coordination Centre. The penalty for non-compliance is a fine of 150,000 Kwacha (approx. USD 7,100), imprisonment for up to five years, or both. It is reported that this high penalty compels service providers to render interception assistance even when they receive dubious oral orders that lack judicial backing or any evidence justifying the interception.