Database

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ZAMBIA

Since March 2021

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Data Protection Act, 2021 (No. 3 of 2021)
According to Art. 51 of the Data Protection Act, a data controller and data processor must retain personal information for as long as it is used for the specific purpose for which it was collected. Additionally, the information must be kept for a period of at least one year thereafter or for any other period that may be prescribed as long as it remains relevant to that purpose.
Coverage Horizontal

ZAMBIA

N/A

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

ZAMBIA

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
Zambia has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

ZAMBIA

N/A

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

ZAMBIA

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 Zambia to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

ZAMBIA

Reported in 2018, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Screening of investment
It is reported that the Zambia Development Agency (ZDA) Board conducts mandatory screening of all foreign investments. Investment applications undergo thorough due diligence to assess factors such as job creation, human resource development, the project's export orientation, its potential environmental impact, the extent of technology transfer, and any other considerations deemed relevant by the Board.
Coverage Horizontal

ZAMBIA

Since November 2001

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

ZAMBIA

Since December 1994, last amended in August 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright and Performance Rights Act, Cap 406, 1994
Zambia 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. Section 21 of the Copyright Act enumerates a wide range of exceptions, including (i) use for private study or personal research by an individual, provided it is not for profit; (ii) criticism or review of the work, or any other work, with proper acknowledgement; and (iii) reporting of current events, among others.
Coverage Horizontal

ZAMBIA

Reported in 2020, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in Zambia. It is reported that copyright protection is considered limited, particularly as it does not extend to computer applications. Additionally, among the many pirated goods in Zambia, the most prevalent are DVDs, CDs, and audio-visual software.
Coverage Software
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'ZM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"104808"},{"post_id":"104809"},{"post_id":"104810"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'ZM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'ZM')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

ZAMBIA

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)
6.72%
Coverage rate of zero-tariffs on ICT goods (%)
34.96%
Coverage: ICT goods

ZAMBIA

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)
Zambia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

ZAMBIA

Since November 2020, entry into force in April 2021, last amended in 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Public Procurement Act No. 8, 2020
According to Art. 39.4 of the Public Procurement Act, a procuring entity must use open international bidding when goods, works, or non-consulting services are not competitively available from at least three suppliers within the Republic of Zambia. Furthermore, Art. 39.5 stipulates that participation in open international bidding is open to all bidders, including citizen bidders, local bidders, and foreign bidders partnered with citizen bidders or citizen suppliers. Foreign bidders participating under Subsection 5 are required to partner with a citizen supplier or citizen bidder.
Coverage Horizontal

ZAMBIA

Since November 2020, entry into force in April 2021, last amended in 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Public Procurement Act No. 8, 2020
According to Art. 41 of the Public Procurement Act, procuring entities must use open national selection as the default method for procuring consulting services. However, open international selection must be used in cases where (i) consulting services are not competitively available from at least three suppliers within the Republic of Zambia; (ii) regional or international participation is required under an agreement entered into by the Government; or (iii) the procuring entity operates in a specialised industry, and the consulting services needed are of a specialised nature.
Coverage Consulting services

ZAMBIA

Since November 2020, entry into force in April 2021, last amended in 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement Act No. 8, 2020
Section 91 of the Public Procurement Act establishes a preference and reservation scheme for citizens or local suppliers, as well as bidders offering goods, works, or services with local content. Certain procurement opportunities are also reserved for target groups, including SMEs, women, youths, and persons with disabilities. Additionally, greater preference is granted to joint ventures or associations involving citizens or local suppliers than to foreign suppliers subcontracting them. The margin of preference to be applied is not predetermined; instead, it is set by the Public Procurement Authority in collaboration with the Citizens' Economic Empowerment Commission and other relevant government departments and statutory bodies in each tender procedure.
Coverage Horizontal

ZAMBIA

Since 2018

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
National Local Content Strategy 2018-2022
According to the National Local Content Strategy 2018-2022, government policy mandates a minimum of 35% utilisation of local inputs and/or products in the production and provision of goods and services across the economy.
Coverage Horizontal

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