Database

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MOZAMBIQUE

Since 2017

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Mozambique has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

MOZAMBIQUE

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Mozambique 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

MOZAMBIQUE

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Mozambique has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

MOZAMBIQUE

Since September 2009
Since January 2017

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 22/2009 on Consumer Protection

Law No. 3/2017 of 9 January - Electronic Transactions Law
The Consumer Protection Law supplemented by the Consumer Protection Regulation promulgated by Decree No. 22/2016, and the Electronic Transactions Law (Arts. 43-46), provides a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal

MOZAMBIQUE

Since January 2017

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Law No. 3/2017 of 09 January - Electronic Transactions Law
According to Art. 6 of the Electronic Transactions Law, a local presence in Mozambique is required to acquire a local domain name (".mz").
Coverage Horizontal

MOZAMBIQUE

Reported in 2021

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 12, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

MOZAMBIQUE

Since November 2018

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Decree No. 66/2018 of 9 November - Regulation of approvals of telecommunication equipment
According to the Decree no. 66/2018 (Art. 9-10), local certification is required for the Mozambique Telecommunication Regulatory Authority to certify the conformity of telecommunication and radio equipment. The Authority recognizes the certification carried out by foreign certification authorities in accordance with the Mutual Recognition Agreements.
Coverage Telecommunication and radio communication equipment

MOZAMBIQUE

Reported in 2021

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Authorization to make foreign payments
It is reported that, to pay for imports, Mozambican firms need to justify their payment to the Bank of Mozambique and obtain authorization to make foreign payments. This is a common practice, but can be lengthy and cause the importer to take more time to process payments.
Coverage Horizontal

MOZAMBIQUE

Since January 2017
Since October 2020

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Law No. 3/2017 of 09 January - Electronic Transactions Law

Decree No. 90/2020 of 09 October - Statute of the National Institute of Information and Communication Technologies
According to Art.13 of the Electronic Transactions Act, intermediary service providers must obtain a license to operate in Nigeria. The authorization for the exercise of the activities of intermediary service providers is the responsibility of the regulator. According to the glossary of the Act, an intermediary service provider is any person who, on behalf of another, sends, receives or stores data messages. They are those who provide access to or provide services from the network (access providers, content providers, application providers and hosting providers).
According to Art. 7 (1) (q) of the Decree No. 90/2020, entities intending to become online service providers in Mozambique have to apply for specific licenses, in addition to general licenses to conduct business (commercial license) and also seek approval from the National Institute of Information and Communication Technologies (INTIC) and the Mozambique National Institute for Communications (INCM).
Coverage Access providers, content providers, application providers and hosting providers

MOZAMBIQUE

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbor 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

Since September 2010

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Ministerial Decree No. 153/2010 of September 15th - Regulation on the registration of subscriber identification modules (SIM cards)
According to Arts. 6-8 of the regulation on the registration of subscriber identification modules (SIM cards), the operators and providers of public telecommunications services are obliged to register the SIM cards of all their subscribers and ensure that subscribers provide correct and reliable information regarding personal data by comparing identification documents or assessing the presented testimonial evidence.
Coverage Telecommunications sector

MOZAMBIQUE

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbor 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

Since January 2017

Pillar Domestic Data policies  |  Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Law No. 3/2017 of 09 January - Electronic Transactions Law
Art. 65.1 of the Electronic Transactions Law requires the data processor to appoint someone responsible for compliance of the provisions related to electronic personal data protection. 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 Domestic Data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive data protection law
The country 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

MOZAMBIQUE

N/A

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