ZIMBABWE
Since January 2018, last amended in 2020
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement and Disposal of Public Assets (General) Regulations of 2018
According to Art. 10.3 of the Public Procurement and Disposal of Public Property (General) Regulations 2018, foreign bidders must be invited when the value of the procurement requirement exceeds USD 300,000 for goods or USD 200,000 for consultancy and non-consultancy services. Below these thresholds, procuring entities may invite bids exclusively from Zimbabwean suppliers.
Coverage Horizontal
ZIMBABWE
Since October 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
National ICT Policy 2022-2027
Section 3.8 (Content and Applications) of the National ICT Policy 2022–2027 stipulates that the government should ensure that a minimum of 30% of ICT software and applications utilised by government institutions are developed locally, encompassing all national languages. This policy was also articulated in Section 9 (Content) of the National ICT Policy 2016, which has since been superseded by the National ICT Policy 2022–2027.
Coverage ICT software and applications
ZIMBABWE
Since January 2018, last amended in 2020
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement and Disposal of Public Assets (General) Regulations of 2018
The Public Procurement and Disposal of Public Assets (General) Regulations 2018 (Section 8.2) provides for a margin of preference of up to 15% of the procurement goods and 7.5% of service contracts to domestic suppliers or manufacturers. Within these prescribed limits, preference may be given to bidders that are domestic suppliers or manufacturers, and an extra preference, within the prescribed limits, may be given to women or entities controlled predominantly by women or to Zimbabwean universities or polytechnics.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241125160337/https://www.fao.org/faolex/results/details/en/c/LEX-FAOC200456
- https://web.archive.org/web/20210226235101/http://www.praz.org.zw/?wpdmpro=public-procurement-and-disposal-of-public-assets-general-2018
- https://web.archive.org/web/20210227002444/https://www.praz.org.zw/?wpdmpro=public-procurement-disposal-act-22-23
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ZAMBIA
Since February 2019
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
The Companies (General) Regulations, 2019 - Statutory Instrument No. 14 of 2019
According to Regulation 4.j of the Companies (General) Regulation, a prerequisite for the registration of a foreign company in Zambia is the appointment of at least one documentary agent. This agent can be either a firm or corporate body registered in Zambia or an individual who resides in Zambia.
Coverage Horizontal
ZAMBIA
Since August 2010
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Competition and Consumer Protection Act of 2010
The Competition and Consumer Protection Act of 2010 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
ZAMBIA
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
Zambia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ZAMBIA
Since 2009
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Zambia 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
ZAMBIA
Since 2009
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Zambia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
ZAMBIA
Reported in 2022, last reported in 2024
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 50 for commercial shipments (below the 200 USD threshold recommended by the International Chamber of Commerce (ICC) and USD 2,000 for personal shipments.
Coverage Horizontal
ZAMBIA
Since March 2021
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Electronic Communications and Transactions Act No. 4 of 2021
Registration for the ".zm" country code top-level domain (ccTLD) is managed by ZICTA as provided for under the 2021 Electronic Communications and Transactions Act. It is reported that such public ownership may compromise the anonymity of ".zm "website owners, given the potential lack of independence of the regulatory authority. Almost all independent online news sites use the ".com" domain, which may stem from a distrust of ZICTA. The Act also provides a government minister with the authority to create statutory agreements governing domain name registration and “the circumstances and manner in which registrations may be assigned, registered, renewed, refused, or revoked.”. Such direct oversight of local web domains may allow the government to access user data belonging to local content creators and hosts. Moreover, the applicant has to be an entity based in Zambia.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230930065140/https://www.parliament.gov.zm/node/8842
- https://web.archive.org/web/20231129113908/https://web-solutions.eu/domain-registration-africa.htm
- https://web.archive.org/web/20230214164048/https://freedomhouse.org/country/zambia/freedom-net/2021#footnote10_b01iwcd
- https://web.archive.org/web/20231129123812/https://web-solutions.eu/co-zm-domain-name-registration.htm
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ZAMBIA
Reported in 2021, last reported in 2023
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Licensing Schemes
In August 2020, the Independent Broadcasting Authority (IBA) stated that online broadcasters would have to apply for licenses from the authority and be subject to its regulations. The statement followed an investigation into whether Prime TV could operate exclusively online. Legal experts criticised the IBA's assertion that Zambian law (through the Zambia Information and Communications Technology Association Act) designates the Zambia Information and Communications Technology Authority (ZICTA) as the sole regulator with authority over the Internet. The IBA once again urged online broadcasters to register with it in March 2021. However, reportedly, no broadcasters have registered because there is still no framework for applying for licences.
Coverage Online broadcasting
ZAMBIA
Since August 2009
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Information and Communication Technologies Act No. 15 of 2009
Section 66 of the Information and Communication Technologies Act prohibits the use, supply, sale, offer for sale, lease or hire of any electronic communications equipment or electronic communications apparatus, including radiocommunications equipment, used or to be used in connection with the provision of electronic communications unless subjected to approval test to ascertain conformance with the technical standards formulated by the Authority.
It is reported that test certificates from foreign laboratories are accepted if the laboratories are accredited.
It is reported that test certificates from foreign laboratories are accepted if the laboratories are accredited.
Coverage Electronic communications equipment
Sources
- https://web.archive.org/web/20230823185022/https://www.parliament.gov.zm/sites/default/files/documents/acts/Information%20and%20Communication%20Technologies%20Act,%202009.pdf
- https://web.archive.org/web/20231212034137/https://www.trade.gov/country-commercial-guides/zambia-standards-trade
- https://ib-lenhardt.com/type-approval/zambia
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ZAMBIA
Since March 2021
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Electronic Communications and Transactions Act No. 4 of 2021
Section 34 of Act No. 4 of 2021 requires a person who intends to provide cryptography services to apply for registration to the National Root Certification Authority and to pay the prescribed fee. It is reported that the registration requirements might make it easy for the regulator and other government agencies to access information held by encryption service providers, including decryption keys and encrypted data. Under Section 34, a person who provides a cryptography service without registration is liable for a fine of ZMW 150,000 (approx. USD 8,300) or imprisonment of up to five years. Moreover, per Section 83, the Minister may, by statutory instrument, prescribe procedures for service providers to inform the competent public authorities of alleged illegal activities or information provided by recipients of their service and communicate to the competent authorities, at their request, information enabling the identification of recipients of their service. Section 85 permits the use of encryption, regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, in the manner provided for under the law. Further, section 86 of the Act provides that the Act should not be construed as requiring the use of any form of encryption that “limits or affects the ability of the person to use encryption without a key escrow function, or limits or affects the ability of the person who uses encryption with a key escrow function not to use a key holder.” Section 89 punishes the use of encryption to obstruct or impede a law enforcement officer or interfere with their performance of any functions under the Act, with a fine of up to ZMW 60,000 (approx. USD 2,700), imprisonment for a term not exceeding two years, or both.
Act No. 4 of 2021 repealed and replaced Act No. 21 of 2009. Sections 22 and 23 of Act No. 21 established a register of all cryptography providers. A person could only provide cryptographic services or products if they were registered with the Communications Authority. Section 89 of Act No. 21 made it an offence to use encryption to hinder or obstruct a law enforcement officer or to interfere with the performance of a law enforcement officer of any function under the Act.
Act No. 4 of 2021 repealed and replaced Act No. 21 of 2009. Sections 22 and 23 of Act No. 21 established a register of all cryptography providers. A person could only provide cryptographic services or products if they were registered with the Communications Authority. Section 89 of Act No. 21 made it an offence to use encryption to hinder or obstruct a law enforcement officer or to interfere with the performance of a law enforcement officer of any function under the Act.
Coverage Cryptography services
Sources
- https://web.archive.org/web/20230226232123/https://www.parliament.gov.zm/sites/default/files/documents/acts/Act%20No.%204%20of%202021%2C%20The%20Electronic%20Communications%20and%20Transactions_0.pdf
- https://web.archive.org/web/20230204110906/https://www.szi.gov.zm/wp-content/uploads/2022/02/ECT-Act-2009.pdf
- https://web.archive.org/web/20230421161021/https://cipesa.org/wp-content/files/briefs/Mapping-and-Analysis-of-Privacy-Laws-in-Africa-2021.pdf
- https://www.gp-digital.org/world-map-of-encryption/
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ZAMBIA
Since March 2021, entry into force in April 2021
Pillar Domestic data policies |
Indicator Minimum period for data retention
Cyber Security and Cyber Crimes Act, 2021 (No. 2 of 2021)
According to Section 10 of the Cyber Security and Cyber Crimes Act 2021, when a data retention notice is issued requiring an electronic communications service provider to retain internet connection records, the notice will specify the exact data to be retained. The service provider is not obligated to retain data beyond what is detailed in the retention notice.
Section 39 of the Cyber Security and Cyber Crimes Act 2021 mandates that an electronic communications service provider must obtain from subscribers information including the person's full name, residential address, and identity number as stated in their identity document before entering into a service contract.
Section 39 of the Cyber Security and Cyber Crimes Act 2021 mandates that an electronic communications service provider must obtain from subscribers information including the person's full name, residential address, and identity number as stated in their identity document before entering into a service contract.
Coverage Telecommunications sector
ZAMBIA
Since March 2021
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Data Protection Act, 2021 (No. 3 of 2021)
According to Art. 46 of the Data Protection Act, a Data Protection Impact Assessment (DPIA) by a data controller is required in circumstances where the processing is on a large scale and relates to sensitive personal data or personal data relating to criminal convictions.
Coverage Horizontal
