MOZAMBIQUE
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive data protection law
Mozambique lacks a comprehensive data protection law. However, there are some laws with data protection rules, such as Law No. 3/2017 of 09 January - Electronic Transactions Law and the African Union Convention on Cyber-Security and Personal Data Protection. Towards the end of 2019, Mozambique revised its Penal Code, introducing provisions related to the invasion of privacy.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220127041203/https://www.inage.gov.mz/wp-content/uploads/2018/05/LEI-DE-TRANSACC%C3%95ES-ELECTR%C3%93NICAS.pdf
- https://web.archive.org/web/20220127042555/https://www.inage.gov.mz/wp-content/uploads/2018/07/AFRICAN-UNION-CONVENTION-ON-CYBER-SECURITY-AND-PERSONAL-DATA-PROTECTION_Portuguese-version.pdf
- https://web.archive.org/web/20210504081917/https://cipesa.org/?wpfb_dl=438
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MOZAMBIQUE
Since January 2017
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 3/2017 of 09 January - Electronic Transactions Law (Lei de Transacções Electrónicas Nº 03/2017)
Art. 65.1 of the Electronic Transactions Law requires the data processor to appoint someone responsible for compliance with the provisions related to electronic personal data protection. The data processor is defined as any public or private person, natural or legal, who electronically requests, collects, processes or stores personal information from or about a data subject.
Coverage Horizontal
MOZAMBIQUE
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Mozambique's law and jurisprudence.
Coverage Internet intermediaries
MOZAMBIQUE
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Mozambique's law and jurisprudence.
Coverage Internet intermediaries
MOZAMBIQUE
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Mozambique does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
MOZAMBIQUE
Since December 2016
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Telecommunications Regulatory Fees Decree No. 68/2016 (Regulamento de taxas Regulatórias de Telecomunicações Nº 68/16)
The Telecommunications Regulatory Fees Decree No. 68/2016 sets minimum capital requirements for obtaining a telecom licence, with the specific limits outlined in Annex II as follows:
- 70 million MZN for unified licences (approximately USD 1,090,000);
- 56 million to 86,000 MZN for telecommunications networks (approximately USD 877,000 to USD 1,300);
- 11.25 million to 43,000 MZN for telecommunications services (approximately USD 176,000 to USD 6,700);
- 34,000 to 113,000 MZN for the supply, installation, maintenance, import, distribution, and sale of telecommunications equipment (approximately USD 530 to USD 1,790);
- 25,000 to 55,000 MZN for numbering licences (approximately USD 390 to USD 860).
- 70 million MZN for unified licences (approximately USD 1,090,000);
- 56 million to 86,000 MZN for telecommunications networks (approximately USD 877,000 to USD 1,300);
- 11.25 million to 43,000 MZN for telecommunications services (approximately USD 176,000 to USD 6,700);
- 34,000 to 113,000 MZN for the supply, installation, maintenance, import, distribution, and sale of telecommunications equipment (approximately USD 530 to USD 1,790);
- 25,000 to 55,000 MZN for numbering licences (approximately USD 390 to USD 860).
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20200205155717/https://www.incm.gov.mz/index.php/legislacao/legislacao-telecomunicacoes/122-regulamento-de-taxas-de-telecomunicacoes/file
- https://web.archive.org/web/20210120184550/https://invest.apiex.gov.mz/wp-content/uploads/sites/4/2019/08/Business-Licence-Guide-EN-1.pdf
MOZAMBIQUE
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Mozambique has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=23135&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
MOZAMBIQUE
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Instituto Nacional das Comunicações de Moçambique (INCM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
MOZAMBIQUE
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the 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)
Mozambique is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
MOZAMBIQUE
Since June 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 8/2023 of 9 June (Lei No. 8/2023 de 9 de Junho)
There are no foreign ownership limitations in sectors relevant for digital trade.
Coverage Horizontal
MOZAMBIQUE
Since June 2023
Since March 2024
Since March 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law No. 8/2023 of 9 June (Lei No. 8/2023 de 9 de Junho)
Decree No. 8/2024, 7 March 2024 (Decreto No. 8/2024 de 7 de Março)
Decree No. 8/2024, 7 March 2024 (Decreto No. 8/2024 de 7 de Março)
Art. 22 of Law No. 8/2023 (which repealed the previus Investment Law No. 3/1993) establishes a screening regime for foreign investment projects considered sensitive due to their potential economic, environmental, security, or public health impacts, as well as for large-scale undertakings. This regime also applies to public-private partnership ventures, business concessions, and projects requiring at least 10,000 hectares of land, among others. According to Art. 16 of Decree No. 8/2024, applicants within this authorisation regime must submit detailed technical, economic, and financial feasibility studies to prove the viability of their projects. In contrast, projects not subject to the authorisation regime are only required to undergo a registration regime, which mandates the submission of an investment proposal without the need for comprehensive feasibility studies.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230629214429/https://www.mef.gov.mz/index.php/sobre-ministerio/cartas-de-servicos/1902-lei-de-alteracao-da-tabela-salarial-unica-tsu-e-lei-de-investimentos-2023/file
- https://web.archive.org/web/20240620032449/https://investmentpolicy.unctad.org/investment-laws/laws/366/mozambique-investment-law-2023
- https://web.archive.org/web/20240521031433/https://archive.gazettes.africa/archive/mz/2024/mz-government-gazette-series-i-dated-2024-03-07-no-48.pdf
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S456.pdf&Open=True
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MOZAMBIQUE
Since January 2017
Since September 2020
Since September 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Law No. 3/2017 of 09 January - Electronic Transactions Law (Lei de Transacções Electrónicas Lei N.º 03/2017)
Regulation on the use of the domain "MZ" - Decree No. 82/2020 of 10 September (Regulamento do domínio MZ)
Regulation on the use of the domain "MZ" - Decree No. 82/2020 of 10 September (Regulamento do domínio MZ)
Under Art. 5 of the Electronic Transactions Law, the domain name regulation falls under the competence of the National Institute of Information and Communication Technologie - INTIC (Regulatory entity), which can grant the registration or assign this function to third parties (agents). According to Art. 8 Decree No. 82/2020, only national entities providing internet DNS services, ICT service providers and foreign companies with a branch in Mozambique can be eligible and qualify as domain registration agents.
Coverage Domain names providers
Sources
- https://web.archive.org/web/20240405112152/https://www.intic.gov.mz/wp-content/uploads/2021/04/BR-Regulamento-do-dominio-mz.pdf
- https://web.archive.org/web/20190326224508/https://www.inage.gov.mz/wp-content/uploads/2018/05/LEI-DE-TRANSACCÕES-ELECTRÓNICAS.pdf
- https://web.archive.org/web/20231207194316/https://www.dataguidance.com/sites/default/files/electronic_transactions_law.pdf
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MOZAMBIQUE
Since December 2015
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Decree No. 47/2015 of 31 December - Industrial Property Code (Código da Propiedade Industrial Decreto N. 47/2015)
Although foreign patents might be recognised or registered in Mozambique (upon the payment of a fee amounting to MZN 5,400, equivalent to USD 84), there is a requirement to have a local representative when applying for the registration. According to the Industrial Property Code, if the applicant is a resident (based or with registered offices in Mozambique), the application for registration may be filed directly with Intellectual Property Institute (IPI) with no need to appoint an Intellectual Property official agent. On the contrary, if the applicant is not domiciled or resident in Mozambique, they must be represented by a Mozambican Intellectual Property Agent.
Coverage Horizontal
Sources
MOZAMBIQUE
Since May 2000
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Mozambique is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
MOZAMBIQUE
Since February 2001
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 4/2001 of 27 February - Copyright Act (Lei Direitos do Autor No. 4/2001)
Mozambique has a copyright regime under the Copyright Act. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 9-20 lists the exceptions, which include reproduction for private purposes; reproduction in the form of a quotation; use for educational purposes; among others.
Coverage Horizontal
