Database

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ZIMBABWE

Since December 2021, entry into force in March 2022

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Cyber and Data Protection Act [Chapter 12:07]
Sections 28 and 29 of the Cyber and Data Protection Act establish a framework for the cross-border transfer of data. Data can be transferred to countries that offer adequate protection. In addition, data can be transferred if it is in the public interest to do so. The data subject must provide consent for their information to be transferred. However, this consent may also be implied or offered ambiguously.
Moreover, Section 11 of the Cyber and Data Protection Act prohibits the processing of sensitive personal information unless with the consent of the data subject or where processing is for legitimate purposes. Sensitive data, according to Section 3, includes social, political, and cultural information, as well as health and genetic information, and any information which may be considered as presenting a significant risk to the rights of the data subject.
Coverage Horizontal

ZIMBABWE

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Zimbabwe has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

ZIMBABWE

Since December 2021, entry into force in March 2022

Pillar Domestic data policies  |  Indicator Framework for data protection
Cyber and Data Protection Act [Chapter 12:07]
Zimbabwe has a comprehensive regime of data protection in place: the Cyber and Data Protection Act [Chapter 12:07] was promulgated with the policy objective of data privacy and protection of all data collected by Data Controllers both within and outside Zimbabwe depending on the location of the means used to process the said data. The Act seeks to shield the privacy of such information and regulate the way in which such information is stored, used and disclosed.
Coverage Horizontal

ZIMBABWE

Since October 2013, last amended in June 2019

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Postal and Telecommunications Regulations Statutory Instrument 142 of 2013
Sections 4-7 of the Postal and Telecommunications Regulations mandate ICT service providers to obtain, record and store personal information of juristic and natural persons who are registered with these entities. Such a register is to be known as a Subscriber Register. The register is to be provided to POTRAZ or any state agency upon request and without delay. Furthermore, the regulation provides for the establishment of a Central Subscriber Database, which is the consolidated portal for personal information gathered from subscribers.
Coverage ICT service providers

ZIMBABWE

Since August 2007

Pillar Domestic data policies  |  Indicator 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.
Coverage Horizontal

ZIMBABWE

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Zimbabwe has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

ZIMBABWE

Since August 2007

Pillar Intellectual Property Rights (IPRs)  |  Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Interception of Communications Act of 2007
Section 11 of the Interception of Communications Act allows security and law enforcement agencies to impose disclosure requirements in respect of encrypted information where they believe that a key to encrypted information is in the possession of that person and that a disclosure requirement is necessary in the interests of national security, to prevent or detect a serious criminal offence, or in the interests of the country’s economic well being. Failure to comply is a criminal offence punishable by imprisonment, a fine, or both.
Coverage Encrypted information

ZIMBABWE

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Zimbabwe has no rules applicable to the protection of trade secrets.
Coverage Horizontal

ZIMBABWE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Zimbabwe to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

ZIMBABWE

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)
Zimbabwe is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

ZIMBABWE

Since February 2002, as amended in September 2003

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Broadcasting Services Act
According to Art. 7.1 of the Broadcasting Services Act, no person shall provide a broadcasting service or operate as a signal carrier in Zimbabwe except in accordance with a broadcasting licence or a signal carrier licence. A broadcasting licence shall authorise the licensee to provide several classes of broadcasting services, including narrowcasting, datacasting, and webcasting (Art. 7.2). However, pursuant to Art. 8.1, a broadcasting licence shall be issued only to individuals who are citizens of Zimbabwe or to a corporate body in which a controlling interest is held, whether through any individual, company association or otherwise, by one or more individuals who are citizens of Zimbabwe.
Coverage Broadcasting sector

ZIMBABWE

Since March 2000

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Postal and Telecommunications Act, [Chapter 12:05]
According to Section 36 of the Postal and Telecommunications Act, the Postal and Telecommunications Regulatory Authority issues telecommunications licenses only to legal entities in which Zimbabwean citizens hold a "controlling interest", directly or indirectly. However, a license may be issued to a legal entity without such a majority shareholding, provided that within a period set out in the license, one or more such persons acquire a majority shareholding. As established in the same article, a "controlling interest" in a legal entity means that any of the following conditions are met: holding a majority of the shares of the entity; the shares represent more than 50% of the share capital of the entity; the shares are worth more than 50% of the share capital of the entity; or the shares give their holders a majority or a preponderance of votes in the affairs of the entity.
Coverage Telecommunications sector

ZIMBABWE

Since February 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Zimbabwe Investment and Development Agency Act [Chapter 14:37] No. 10/2019
Zimbabwe screens FDI through the Zimbabwe Investment and Development Agency (ZIDA) in liaison with relevant line ministries to confirm compliance with the country’s laws. Section 3 of Act No. 10/2019 establishes the ZIDA as a legal person. The government created the ZIDA to oversee the licensing and implementation of investment projects in the country. Part V of Act No. 10/2019 provides investors with the ability to obtain investment licences. ZIDA has established a one-stop investment services centre (OSISC, section 5 of the Act), which houses several agencies that play a role in the licensing, establishment, and implementation of investment projects.
Coverage Horizontal

ZIMBABWE

Since June 1997

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Zimbabwe is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

ZIMBABWE

Since September 2004

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright and Neighbouring Rights Act of 2004
Zimbabwe has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Part III of the Copyright and Neighbouring Rights Act lists the exceptions, which include the use with purposes of research or private study, educational use of copyright material, criticism, review, or news reporting, among others.
Coverage Horizontal

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