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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.
Coverage Online content providers

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 October 2023

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Public Notice - Declaration of Use of Virtual Private Network (VPN)
In October 2023, the Tanzania Communications Regulatory Authority (TCRA) regulated the use of virtual private networks (VPNs). It is reported that VPN use without an official permit is prohibited in the country, and individuals and companies that wanted to obtain permission were required to notify the TCRA of their VPN use by October 2023. Penalties for non-compliance include fines of at least TZS 5 million (about USD 2,000) or a minimum of 12 months in jail.
Coverage VPNs

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.
Coverage Electronic communications equipment

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

TANZANIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Tanzania mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

TANZANIA

Since March 2010, as amended in 2017, last amended in 2022
Since January 2018
Since June 2017

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Electronic and Postal Communications

Electronic and Postal Communications (Licensing) Regulations, 2018

Finance Act 2017
According to Art. 26 of the Electronic and Postal Communications Act 2010, as amended in 2017 by the Finance Act (2017), licensees holding Network Facilities and Network Service licenses are required to offer at least 25% of their shares to the public—both local and foreign—through an Initial Public Offering (IPO) on the Dar es Salaam Stock Exchange (DSE). If a licensee fails to meet the prescribed 25% threshold of issued and paid-up share capital following the IPO, the Capital Markets and Securities Authority, in consultation with the Minister responsible for Capital Markets and considering market conditions, will issue directives to guide the licensee on how to achieve the 25% shareholding requirement. This requirement is also confirmed in Section 22(a) of the Licensing Regulations (2018).
Additionally, the application and initial licensing fees vary depending on the type of license and coverage area—International, National, or Regional. According to the first schedule of the Electronic and Postal Communications (Licensing) Regulations, the fees for Network Services are as follows: International coverage requires an application fee of USD 10,000, an initial license fee of USD 300,000, and a renewal license fee of USD 400,000; National coverage requires an application fee of USD 5,000, an initial license fee of USD 600,000, and a renewal license fee of USD 750,000; Regional coverage requires an application fee of USD 2,000, an initial license fee of USD 23,100, and a renewal license fee of USD 26,500.
Coverage Telecommunications sector

TANZANIA

Since January 2018

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Electronic and Postal Communications (Licensing) Regulations, 2018
Section 20 (b) of the Electronic and Postal Communications (Licensing) Regulations, 2018, establishes that an applicant for the individual license shall submit to the Authority a business plan together with other documents as provided for under the Licensing Regulations.
Coverage Telecommunication sector

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

TANZANIA

Since June 2021
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
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

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.
Coverage Horizontal

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

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