TANZANIA
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
Tanzania has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
TANZANIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Tanzania Communications Regulatory Authority (TCRA), 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
TANZANIA
Since May 2015, last amended in June 2023
Pillar Cross-border data policies |
Indicator Local storage requirement
Tax Administration Act
According to Section 35 of the Tax Administration Act, every person who is taxable or otherwise liable under any tax legislation is required to maintain records, either in paper or electronic format, within the territory of the Tanzania. These records must contain information that is to be submitted to the Commissioner General in accordance with any applicable tax law, support the accurate determination of tax liabilities, and comply with any requirements prescribed by the Commissioner General or relevant regulations. Additionally, any person who maintains records in electronic form must ensure that a primary data server for storing such documents is located within the country. This server must be accessible to the Commissioner General for the purposes of tax administration. The term "primary data server" refers to any physical, virtual, or other type of server that stores data generated or collected by the taxable or liable person in the ordinary course of business.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240719024756/https://procedures.tic.go.tz/media/Tax%20Administration%20Act%202015%20English%20Version.pdf
- https://web.archive.org/web/20230126101935/https://www.tcra.go.tz/uploads/documents/sw-1636619115-FINANCE%20ACT-%202021.pdf
- https://web.archive.org/web/20250619230351/https://www.tra.go.tz/images/uploads/acts/ACT_NO_7_THE_FINANCE_ACT_2023.pdf
- https://web.archive.org/web/20240503073436/https://www.gsma.com/solutions-and-impact/connectivity-for-good/mobile-for-development/wp-content/uploads/2024/04/GSMA_Oriel_DLR-Report.pdf
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TANZANIA
Since June 2021
Since 2015
Since 2015
Pillar Cross-border data policies |
Indicator Infrastructure requirement
Outsourcing Guidelines for Banks and Financial Institutions, 2021
Payment Systems (Licensing and Approval) Regulations, 2015
Payment Systems (Licensing and Approval) Regulations, 2015
Guideline 10 (g) of the Outsourcing Guidelines for Banks and Financial Institutions stipulates that banks and financial institutions are prohibited from outsourcing their primary data centres to locations outside the country. In addition, Art. 42 of the Payment Systems Licensing and Approval Regulations requires a payment system provider to place its primary data centre in relation to payment system services in Tanzania.
Coverage Financial sector
Sources
- https://web.archive.org/web/20240816034849/https://www.bot.go.tz/Publications/Acts,%20Regulations,%20Circulars,%20Guidelines/Regulations/en/2020030903280842.pdf
- https://web.archive.org/web/20230207080958/https://www.bot.go.tz/Publications/Acts,%20Regulations,%20Circulars,%20Guidelines/Guidelines/en/2021063015241391.pdf
- https://web.archive.org/web/20240503073436/https://www.gsma.com/solutions-and-impact/connectivity-for-good/mobile-for-development/wp-content/uploads/2024/04/GSMA_Oriel_DLR-Report.pdf
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TANZANIA
Since November 2022, entry into force in May 2023
Pillar Cross-border data policies |
Indicator Conditional flow regime
The Personal Data Protection Act 2022, Act No. 11 of 2022
Sections 31 and 32 of the Personal Data Protection Act permit the transfer of personal data outside Tanzania only on the following circumstances: a) to a country with an adequate personal data protection legal system (i.e. essentially equivalent levels of protection to that within Tanzania) provided the recipient has proven (i) such transfer is necessary for important reasons of public interest or any other legitimate purpose or (ii) the importance of the transfer and there is no reason to assume that the transfer or processing in the recipient country may prejudice the subject's legitimate interests. The data collector or processor must carry out a prior data protection impact assessment on the need to transfer personal data and ensure the recipient of the data only processes the relevant information in the data and for the purpose for which the data was transferred; b) to any other country with appropriate safeguards on the security and protection of personal data provided the data is transferred to be processed for a purpose approved by the data subject, unless the data subject has consented to such transfer, or the transfer is necessary:
- For the performance of a contract between the data subject and the data collector or the implementation of pre-contractual measures taken at the request of the data subject.
- For the conclusion or performance of a contract concluded or to be concluded in the interest of the data subject between the collector and another person.
- For any public interest or the establishment, exercise or defence of a legal claim.
- To protect the vital interests of the data subject.
- In accordance with a law aimed at giving information to the public, which affords an opportunity for public consultation in general or anyone with a legitimate interest to submit their comments in accordance with a procedure laid down by law.
- For the performance of a contract between the data subject and the data collector or the implementation of pre-contractual measures taken at the request of the data subject.
- For the conclusion or performance of a contract concluded or to be concluded in the interest of the data subject between the collector and another person.
- For any public interest or the establishment, exercise or defence of a legal claim.
- To protect the vital interests of the data subject.
- In accordance with a law aimed at giving information to the public, which affords an opportunity for public consultation in general or anyone with a legitimate interest to submit their comments in accordance with a procedure laid down by law.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230801103752/https://abcattorneys.co.tz/wp-content/uploads/2023/05/Personal-Data-Protection-Act-of-Tanzania-Sheria-ya-Ulinzi-wa-Taarifa-Binafsi-Tanzania-2022-ABC-Attorney...
- https://web.archive.org/web/20230528172155/https://www.dlapiperdataprotection.com/index.html?t=transfer&c=TZ
- https://www.dataguidance.com/notes/tanzania-data-protection-overview
- https://web.archive.org/web/20230511174813/https://altadvisory.africa/2023/05/10/tanzania-data-protection-act-comes-into-effect/
- https://web.archive.org/web/20230511174813/https://altadvisory.africa/2023/05/10/tanzania-data-protection-act-comes-into-effect/
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TANZANIA
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
Tanzania has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
TANZANIA
Since November 2022, entry into force in May 2023
Pillar Domestic data policies |
Indicator Framework for data protection
The Personal Data Protection Act 2022, Act No. 11 of 2022
The Personal Data Protection Act provides a comprehensive regime of data protection in Tanzania. It contains detailed provisions imposing obligations on data controllers and data processors, including requirements associated with data security and international data transfers, and establishes the Personal Data Protection Commission.
Coverage Horizontal
TANZANIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the 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
Since March 2018, as amended in July 2020
Pillar Domestic data policies |
Indicator Minimum period for data retention
Electronic and Postal Communications (Online Content) Regulations (2020)
Section 13 of the Online Content Regulations (2020) requires internet cafe operators to:
- keep a proper service user register and ensure every person using internet service is registered upon showing a recognised identity card;
- install surveillance cameras to record and archive activities inside the cafe.
The images recorded by a surveillance camera and the register of users recorded shall be kept for a period of 12 months.
- keep a proper service user register and ensure every person using internet service is registered upon showing a recognised identity card;
- install surveillance cameras to record and archive activities inside the cafe.
The images recorded by a surveillance camera and the register of users recorded shall be kept for a period of 12 months.
Coverage Internet cafe operators
Sources
- https://web.archive.org/web/20230328145454/https://www.tcra.go.tz/uploads/documents/sw-1619088125-The%20Electronic%20and%20Postal%20Communications%20(Online%20Content)%20Regulations,%202020.pdf
- https://web.archive.org/web/20230324075153/https://www.theverge.com/2018/7/6/17536686/tanzania-internet-laws-censorship-uganda-social-media-tax
TANZANIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.56%
Coverage rate of zero-tariffs on ICT goods (%)
50.27%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
TANZANIA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Tanzania is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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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 |
Indicator Exclusion from public procurement
Public Procurement Act, 2023
Public Procurement Regulations, 2013
Public Procurement Regulations, 2013
According to Art. 56.1 of the Public Procurement Act 2023, tenderers may participate in procurement proceedings regardless of nationality, unless the procuring entity restricts participation based on nationality as permitted under this Act, accompanying regulations, or other applicable laws. Art. 57 further stipulates that when a Tanzanian public body fully funds a procurement, contracts for works, goods, or services valued at or below TZS 1,500,000,000 (approx. USD 566,976) must be reserved exclusively for local individuals or firms.
Additionally, Section 6 of the Public Procurement Regulations 2013 (which remain in effect until new regulations are enacted under Art. 131 of the 2023 Act) prohibits procuring entities from denying prequalification to firms unless they lack legal capacity, financial capability, or sufficient experience to perform the contract. Nationality cannot be grounds for denial unless commercial relations with the firm’s country are explicitly restricted by Tanzanian laws or regulations. However, under Section 150.1, foreign firms may only participate in international competitive tenders. International competitive tendering is required when (i) payments are made partially or entirely in a foreign currency or (ii) broad international participation is sought, irrespective of the estimated value of the goods or works to be procured.
Additionally, Section 6 of the Public Procurement Regulations 2013 (which remain in effect until new regulations are enacted under Art. 131 of the 2023 Act) prohibits procuring entities from denying prequalification to firms unless they lack legal capacity, financial capability, or sufficient experience to perform the contract. Nationality cannot be grounds for denial unless commercial relations with the firm’s country are explicitly restricted by Tanzanian laws or regulations. However, under Section 150.1, foreign firms may only participate in international competitive tenders. International competitive tendering is required when (i) payments are made partially or entirely in a foreign currency or (ii) broad international participation is sought, irrespective of the estimated value of the goods or works to be procured.
Coverage Horizontal
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 |
Indicator 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 |
Indicator 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 |
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)
Tanzania is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
