Database

Browse Database

MOZAMBIQUE

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Mozambique 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

MOZAMBIQUE

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Mozambique's law and jurisprudence.
Coverage Internet intermediaries

MOZAMBIQUE

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Mozambique's law and jurisprudence.
Coverage Internet intermediaries

MOZAMBIQUE

Since September 2010

Pillar Intermediary liability  |  Indicator User identity requirement
Ministerial Decree No. 153/2010 of September 15th - Regulation on the Registration of Subscriber Identification Modules (Diploma Ministerial No. 153/2010: Aprova o Regulamento sobre Registo dos Módulos de Identificação do Subscritor)
According to Arts. 6-8 of the regulation on the registration of subscriber identification modules (SIM cards), the operators and providers of public telecommunications services are obliged to register the SIM cards of all their subscribers and ensure that subscribers provide correct and reliable information regarding personal data by comparing identification documents or assessing the presented testimonial evidence.
Coverage Telecommunications service providers

MOZAMBIQUE

Reported in 2023

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
In October 2023, during the municipal elections, reports indicated that WhatsApp was blocked for most users across the country. Additionally, the independent newspaper Ikweli's website was inaccessible for about an hour.
Coverage WhatsApp and independent newspaper Ikweli's website

MOZAMBIQUE

Reported in 2023, last reported in 2024

Pillar Content access  |  Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 4 in Mozambique for the year 2023. This corresponds to "The government does not typically interfere with the domestic access to the Internet." However, it has been reported that during the local elections in October 2023, authorities interrupted internet access, resulting in a shutdown for approximately three hours.
Coverage Horizontal

MOZAMBIQUE

Since January 2017
Since October 2020

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Law No. 3/2017 of 09 January - Electronic Transactions Law (Lei de Transacções Electrónicas Nº 03/2017)

Decree No. 90/2020 of 09 October - Statute of the National Institute of Information and Communication Technologies (Estatuto Orgânico do Instituto Nacional de Tecnologias de Informação e Comunicação Decreto N° 90/2020)
According to Art. 13 of the Electronic Transactions Act, intermediary service providers must obtain a license to operate in Nigeria. The authorisation of the activities of intermediary service providers is the responsibility of the regulator. According to the glossary of the Act, an intermediary service provider is any person who, on behalf of another, sends, receives or stores data messages. They are those who provide access to or provide services from the network (access providers, content providers, application providers and hosting providers).
According to Art. 7.1 (q) of Decree No. 90/2020, entities intending to become online service providers in Mozambique have to apply for specific licenses, in addition to general licenses to conduct business (commercial license) and also seek approval from the National Institute of Information and Communication Technologies (INTIC) and the Mozambique National Institute for Communications (INCM).
Coverage Access providers, content providers, application providers and hosting providers

MOZAMBIQUE

N/A

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Authorisation to make foreign payments
It is reported that to pay for imports, Mozambican firms need to justify their payment to the Bank of Mozambique and obtain authorisation to make foreign payments. This is a common practice but can be lengthy and cause the importer to take more time to process payments.
Coverage Horizontal

MOZAMBIQUE

Since November 2018

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Decree No. 66/2018 of 9 November - Regulation of approvals of telecommunication equipment (Decreto Nᵒ 66/2018, de 9 de Novembro - Regulamento de Homologação de Equipamento de Telecomunicações e Radiocomunicações)
According to the Decree No. 66/2018 (Art. 9-10), local certification is required for the Mozambique Telecommunication Regulatory Authority to certify the conformity of telecommunication and radio equipment. The Authority recognises the certification carried out by foreign certification authorities in accordance with the Mutual Recognition Agreements.
Coverage Telecommunication and radio communication equipment

MOZAMBIQUE

Since January 2017

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 3/2017 of 09 January - Electronic Transactions Law (Lei de Transacções Electrónicas Nº 03/2017)
Art. 65.1 of the Electronic Transactions Law requires the data processor to appoint someone responsible for compliance with the provisions related to electronic personal data protection. The data processor is defined as any public or private person, natural or legal, who electronically requests, collects, processes or stores personal information from or about a data subject.
Coverage Horizontal

MOZAMBIQUE

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

MOZAMBIQUE

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
There is no comprehensive regulatory framework for trade secrets in Mozambique, but the Industrial Property Code covers general principles applicable to trade secrets. Art. 213.3 considers it an offence of unlawful competition to remove, disclose or use confidential data or information relating to the production or use of certain products or processes or relating to the provision of services of a competitor without their consent and in a manner which is contrary to honest commercial practices, provided that such information is secret, in the sense that it is not known or easily accessible to persons in circles that usually deal with the kind of information in question, either as a whole or in the specific configuration and assembly of its components; has a commercial value because it is secret; has been subject to reasonable precautions, taken by the person lawfully in control of the information, under the circumstances, to keep it secret.
Coverage Horizontal

MOZAMBIQUE

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

MOZAMBIQUE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Tmcel - Moçambique Telecom SA, a state-owned enterprise, was once the monopoly holder in the telecommunications sector but has since lost its dominant position. Despite its state ownership, Tmcel no longer leads the market, with Vodacom SA now commanding the largest market share, holding 49% of subscribers.
Coverage Telecommunications sector

MOZAMBIQUE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Mozambique does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

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