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
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
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
Tanzania has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
TANZANIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of effective protection of trade secrets
Tanzania does not have a comprehensive framework in place that provides effective protection of trade secrets. It is reported that the protection of trade secrets is mostly by way of common law and equity in the form of judicial decisions.
Coverage Horizontal
TANZANIA
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 Tanzania to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
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
TANZANIA
Since January 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Electronic and Postal Communications (Licensing) Regulations, 2018
Section 22 (b) of the Licensing Regulations, 2018 stipulated that the majority shareholders (51%) of the Content Service Licensee should be Tanzanian citizens. The Content Licensee, under the regulations, is an entity authorised to provide radio or television broadcasting free to air or content services by subscription. According to Art. 27, a content services licence for subscription includes "Channel aggregation", that is the packaging of individual licensed or authorized channels into a specific basket of channels for distribution by a multiplex operator. The latter is a digital transmission channel which combines program material and other data in a digital form for transmission via a frequency channel.
Coverage Digital TV sector
TANZANIA
Since January 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Electronic and Postal Communications (Licensing) Regulations, 2018
Section 22 of the Electronic and Postal Communications (Licensing) Regulations stipulates that foreign investment in the telecommunications sector is restricted to a maximum of 75%.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250128163306/https://www.tcra.go.tz/download/sw-1619086529-The%20Electronic%20and%20Postal%20Communications%20%28Licensing%29%20Regulations,%202018.pdf
- https://web.archive.org/web/20231003005309/https://www.state.gov/reports/2023-investment-climate-statements/tanzania/
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=2906456&id2=&id3=&sPath=000021090010903&mzMode=Modes3
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TANZANIA
Since July 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
The Patents (Registration) Act Cap 217 R.E 2002
Under the Patents (Registration) Act Cap 217 R.E 2002, foreigners may obtain the same protection as nationals of Tanzania. However, according to Art. 18 of the law, applicants not residing in Tanzania must appoint a patent attorney domiciled in the country to represent the applicant before the Patent Office. In addition, according to Art. 26, foreign parties may pay the required fees only through a patent agent domiciled in Tanzania.
Coverage Horizontal
Sources
TANZANIA
Since September 1999
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Tanzania is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
TANZANIA
Since December 1999
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright and Neighbouring Rights Act, 1999
The Copyright and Neighbouring Rights Act provides a clear regime of copyright exceptions that refers to the concept of "fair practice", which enables the lawful use of copyrighted work by others without obtaining permission. Sections 12 and 26 list the exceptions, which include utilisation for the purposes of education and utilisation by way of illustration in an original work of an author or authors, provided that the extent of such utilisation is compatible with fair practice, among others.
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
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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