Database

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MOZAMBIQUE

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Instituto Nacional das Comunicações de Moçambique (INCM), 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

MOZAMBIQUE

Since August 2019

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Decree No. 66/2019 of 01 of August - Telecommunications Network Security Regulation (Decreto Nº 66/2019 de 1 de Agosto - Regulamento de Segurança de Redes de Telecomunicações)
According to Art. 7 of the Telecommunications Network Security Regulation, personal data of the residents in Mozambican territory must be stored within the boundaries of national borders and governed by the jurisdiction of Mozambique. However, the network and public telecommunications service operators can store consumer data in the cloud outside of the territorial space, provided it ensures that the personal data storage is subject to the national jurisdiction and is made available to the authorities upon request.
Coverage Network and public telecommunications service operators

MOZAMBIQUE

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
Mozambique has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

MOZAMBIQUE

N/A

Pillar Domestic data policies  |  Indicator Framework for data protection
Lack of comprehensive data protection law
Mozambique lacks a comprehensive data protection law. However, there are some laws with data protection rules, such as Law No. 3/2017 of 09 January - Electronic Transactions Law and the African Union Convention on Cyber-Security and Personal Data Protection. Towards the end of 2019, Mozambique revised its Penal Code, introducing provisions related to the invasion of privacy.
Coverage Horizontal

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 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

Since May 2000

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

MOZAMBIQUE

Since February 2001

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law No. 4/2001 of 27 February - Copyright Act (Lei Direitos do Autor No. 4/2001)
Mozambique has a copyright regime under the Copyright Act. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 9-20 lists the exceptions, which include reproduction for private purposes; reproduction in the form of a quotation; use for educational purposes; among others.
Coverage Horizontal

MOZAMBIQUE

N/A

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

Since December 2022, entry into force in March 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 79/2022, which approves the Regulation on Public Works, Supply of Goods and Provision of Services to the State (Decreto Nº 79/2022: Aprova o Regulamento de Contratação de Empreitada de Obras Públicas, Fornecimento de Bens e Prestação de Serviços ao Estado)
According to Art. 30.1 of Decree No. 79/2022 (which repeals Decree No. 5/2016), the following margins of preference shall apply to domestic bidders: (i) 15% of the contract value, excluding taxes, for public works contracts and contracts for the provision of services to domestic bidders; and (ii) 20% of the contract value, excluding taxes, for goods that are or have been produced in the country.
National or domestically produced products are considered to be those produced entirely in the country or those manufactured which, in the transformation process, must have an incorporation of national factors of at least 35% and, in the case of services, at least 60% of the wage bill must correspond to the remuneration of national workers (Art. 30.2). In addition, in accordance with Art. 30.5, in the case of goods, the producer's declaration model must demonstrate the incorporation of domestic factors, the value of which must correspond to at least 35% of the ex-works price of the finished product.
Coverage Horizontal

MOZAMBIQUE

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)
Mozambique is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

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