TANZANIA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Tanzania has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
TANZANIA
Since 2015
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Tanzania 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
TANZANIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Tanzania 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
TANZANIA
Since September 2014, last amended in Since January 2018
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations, 2018
According to Section 2 of the Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations (2018), these Regulations apply to electronic communications equipment imported or manufactured for use in the United Republic and intended for connection to any electronic communications network for the purpose of receiving or transmitting electronic communication signals.
Part III sets out the procedures for type approval of electronic communications equipment, including the manufacturer’s declaration of conformity. Under Section 6, manufacturers must declare that all electronic communications equipment conforms to international and national standards before it can be approved for use in the United Republic.
The 2018 Regulations repealed and replaced the Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations (2014), which had established the same type approval procedure for electronic communications equipment under Section 6.
Part III sets out the procedures for type approval of electronic communications equipment, including the manufacturer’s declaration of conformity. Under Section 6, manufacturers must declare that all electronic communications equipment conforms to international and national standards before it can be approved for use in the United Republic.
The 2018 Regulations repealed and replaced the Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations (2014), which had established the same type approval procedure for electronic communications equipment under Section 6.
Coverage Electronic communications equipment
Sources
- https://web.archive.org/web/20210801235518/https://www.tcra.go.tz/uploads/documents/sw-1619087350-The%20Electronic%20and%20Postal%20Communications%20(Electronic%20Communications%20Equipment%20Standard...
- https://ictpolicyafrica.org/api/documents/download?_id=5d4ab869a0c67b001b921eb0
- https://web.archive.org/web/20230130040818/https://www.tbs.go.tz/pages/inspection
- https://ib-lenhardt.com/type-approval/tanzania
- Show more...
TANZANIA
Since May 2015
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Electronic Transactions Act, 2015
According to Art. 33 of the Electronic Transactions Act, a person who intends to offer cryptographic or certification services shall apply to the regulator. Applicants must disclose a description of the technology to be applied to their services. It is unclear whether this can entail disclosure of trade secrets.
Coverage Cryptographic or certification service
TANZANIA
Reported in 2021, last reported in 2024
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Tanzania does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
Sources
TANZANIA
Since March 2018, last amended in July 2020
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Electronic and Postal Communications (Online Content) Regulations (2020)
The Online Content Regulations, which were first introduced in 2018 and later replaced by the Online Content Regulations of 2020, require online content service providers to have an operating license. The license is applicable to providers who cover news, entertainment, educational, and religious content through blogs, social media pages, and similar services. Therefore, on top of traditional media websites, online TV and radio channels, individual bloggers and podcasters are required to have a license.
According to the regulations, a person can only provide content services after obtaining a license from the Tanzania Communications Regulatory Authority (TCRA). There are four categories of online content licenses available for providers of predominant news and current affairs: entertainment content, educational and religious content, and simulcasting. Upon successful application, the licensee is required to pay an initial fee of TZS 1,000,000 (USD 433 approx.) for a news and current affairs license, TZS 500,000 (USD 216 approx.) for an entertainment and education license or religious content license, and TZS 200,000 (USD 87 approx.) for a simulcasting license. The same fees apply for annual payments and license renewal, and the license is valid for three years. If a licensee breaches the terms and conditions of the license, the license may be suspended or revoked by the TCRA. The licensee is notified of the revocation or suspension and the reasons for it and must surrender the license to the TCRA within seven days after service of the revocation or suspension notice. In addition, the failure to adhere to these regulations makes the service provider liable to a fine of not less than five million shillings (equivalent to approx. 2,150 USD) or imprisonment for a term of not less than 12 months or both.
It is reported that content providers used to be able to register and get a single license to offer different types of content, but with the 2020 Regulations, they are required to obtain numerous permits based on the content they offer and can incur exorbitant licensing fees. In addition, it is reported that as a result of this licensing regime, some blogs were closed down.
According to the regulations, a person can only provide content services after obtaining a license from the Tanzania Communications Regulatory Authority (TCRA). There are four categories of online content licenses available for providers of predominant news and current affairs: entertainment content, educational and religious content, and simulcasting. Upon successful application, the licensee is required to pay an initial fee of TZS 1,000,000 (USD 433 approx.) for a news and current affairs license, TZS 500,000 (USD 216 approx.) for an entertainment and education license or religious content license, and TZS 200,000 (USD 87 approx.) for a simulcasting license. The same fees apply for annual payments and license renewal, and the license is valid for three years. If a licensee breaches the terms and conditions of the license, the license may be suspended or revoked by the TCRA. The licensee is notified of the revocation or suspension and the reasons for it and must surrender the license to the TCRA within seven days after service of the revocation or suspension notice. In addition, the failure to adhere to these regulations makes the service provider liable to a fine of not less than five million shillings (equivalent to approx. 2,150 USD) or imprisonment for a term of not less than 12 months or both.
It is reported that content providers used to be able to register and get a single license to offer different types of content, but with the 2020 Regulations, they are required to obtain numerous permits based on the content they offer and can incur exorbitant licensing fees. In addition, it is reported that as a result of this licensing regime, some blogs were closed down.
Coverage Online content providers
Sources
- https://web.archive.org/web/20230115005638/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/20231023221204/https://www.theverge.com/2018/7/6/17536686/tanzania-internet-laws-censorship-uganda-social-media-tax
TANZANIA
Since May 2015
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Electronic Transactions Act, 2015
According to Arts. 33-36 of the Electronic Transactions Act, 2015, a person who intends to offer cryptographic or certification services shall apply to the regulator. Applicants must disclose a description of the technology to be applied to their services.
Coverage Cryptographic or certification service
TANZANIA
Since November 2022, entry into force in May 2023
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
The Personal Data Protection Act 2022, Act No. 11 of 2022
Section 27.3 of the Personal Data Protection Act requires that either the data collector or the data processor must appoint a personal data protection officer who will ensure the security of the data.
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/20230528155131/https://www.dlapiperdataprotection.com/index.html?t=data-protection-officers&c=TZ
- https://web.archive.org/web/20231003142817/https://www.dataguidance.com/notes/tanzania-data-protection-overview
- https://web.archive.org/web/20240301152736/https://altadvisory.africa/2023/05/10/tanzania-data-protection-act-comes-into-effect/
- https://web.archive.org/web/20230702020728/https://www.thecitizen.co.tz/tanzania/news/national/tanzania-s-data-protection-law-comes-into-effect-4223022
- Show more...
TANZANIA
Since May 2015
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Cybercrime Act, 2015
Sections 34 and 35 of the Cybercrimes Act allow a police station or a law enforcement officer to collect or record traffic or content data associated with a specified communication during a specified period without a court order. Section 32 states that "(1) Where the disclosure of data is required for the purposes of a criminal investigation, or the prosecution of an offence, a police officer in charge of a police station or a law enforcement officer of a similar rank may issue an order to any person in possession of such data compelling him to disclose such data."
Coverage Telecommunications sector
TANZANIA
Since August 2017
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Electronic and Postal Communications (Investigation) Regulations, 2017
Pursuant to Regulations 4 and 5 of the Electronic and Postal Communications (Investigation) Regulations, any individual's communications may be intercepted by the Director General of the Tanzania Intelligence and Security Service or the Director of Criminal Investigations for purposes including, but not limited to, the preservation or protection of national security, and the safeguarding of public safety, economic well-being, or the interests of the country. In accordance with Regulations 8 and 12, where the Director of Criminal Investigations intends to intercept communications, they are required to apply for a warrant from the Inspector General of Police, but not from a judge.
Coverage Horizontal
TANZANIA
Since May 2015
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Cybercrime Act, 2015
The Cybercrimes Act (2015) establishes a safe harbour regime for intermediaries for copyright infringements. Pursuant to Sections 39-44 of the Act, service providers are exempt from liability for information stored, transmitted, hyperlinked on their networks, or accessed through their search engines, provided they comply with certain conditions. These conditions require that the service provider neither initiates the transmission nor selects or modifies the information. Furthermore, if a service provider becomes aware of illegal content on their platform through means other than an order from a public authority, they are obligated to promptly notify the relevant authority. Additionally, upon becoming aware of such illicit content or receiving a takedown notice, the provider must take immediate action to remove or restrict access to the information. These provisions aim to protect intermediaries while encouraging the responsible management of illegal content on their platforms.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20221006144603/https://www.parliament.go.tz/polis/uploads/bills/acts/1452061463-ActNo-14-2015-Book-11-20.pdf
- https://web.archive.org/web/20230327033403/https://cipesa.org/2017/04/tanzania-court-deals-a-blow-to-intermediary-liability-rules/
- https://web.archive.org/web/20221012150652/https://cipesa.org/?wpfb_dl=254
- Show more...
TANZANIA
Since May 2015
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Cybercrime Act, 2015
The Cybercrimes Act (2015) establishes a safe harbour regime for intermediaries beyond copyright infringements. Pursuant to Sections 39-44 of the Act, service providers are exempt from liability for information stored, transmitted, hyperlinked on their networks, or accessed through their search engines, provided they comply with certain conditions. These conditions require that the service provider neither initiates the transmission nor selects or modifies the information. Furthermore, if a service provider becomes aware of illegal content on their platform through means other than an order from a public authority, they are obligated to promptly notify the relevant authority. Additionally, upon becoming aware of such illicit content or receiving a takedown notice, the provider must take immediate action to remove or restrict access to the information. These provisions aim to protect intermediaries while encouraging the responsible management of illegal content on their platforms.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20221006144603/https://www.parliament.go.tz/polis/uploads/bills/acts/1452061463-ActNo-14-2015-Book-11-20.pdf
- https://web.archive.org/web/20230327033403/https://cipesa.org/2017/04/tanzania-court-deals-a-blow-to-intermediary-liability-rules/
- https://web.archive.org/web/20221012150652/https://cipesa.org/?wpfb_dl=254
- Show more...
TANZANIA
Since March 2010, last amended in 2022
Pillar Intermediary liability |
Indicator User identity requirement
Electronic and Postal Communications Act, 2010
Pursuant to Sections 93 and 94 of the Electronic and Postal Communications Act, individuals wishing to acquire and use a mobile telephone with either a detachable or embedded SIM card must provide identity verification documentation before purchase.
Coverage Telecommunications sector
TANZANIA
Since March 2018, as amended in July 2020
Pillar Intermediary liability |
Indicator User identity requirement
Electronic and Postal Communications (Online Content) Regulations (2020)
According to Section 13 of the Online Content Regulations (2020), amending the Electronic and Postal (Online Content) Regulations 2018, internet cafe operators are required to keep a proper service user register and ensure every person using internet service is registered upon showing a recognised identity card; and install surveillance cameras to record and archive activities inside the cafe.
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
