ZAMBIA
Since 2009
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (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 |
Sub-pillar 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 |
Sub-pillar 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
Since March 2021, entry into force in April 2021
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Cyber Security and Cyber Crimes Act, 2021 (No. 2 of 2021)
Service providers and technology companies are required by law to assist the government in the lawful interception of communications. The law gives the government significant powers to compel service providers to monitor communications. According to Section 9 of the Cyber Security and Cyber Crimes Act, a cyber inspector may in the performance of the inspector’s functions, with a warrant—(a) monitor and inspect a computer system or activity on an information system, where such activity or information is not in public domain or is not accessible to the public; (b) enter and inspect the premises of a cyber security service provider if there is reasonable ground to believe that the licensee has contravened the provisions of this Act; and (c) audit critical information infrastructure".
Coverage Services providers
ZAMBIA
Since March 2021
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Electronic Communications and Transactions Act No. 4 of 2021
According to Art. 34 of the Electronic Communications and Transactions Act 2021, cryptography service providers must register with the National Root Certification Authority. This requirement has been retained from the Electronic Communications and Transactions Act of 2009. Providing cryptography services without registration is classified as a criminal offence, punishable by imprisonment for up to five years, a fine of up to ZMW 150,000 (approximately USD 7,100), or both.
Coverage Cryptography services
ZAMBIA
Reported in 2021, last reported in 2023
Pillar Content access |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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
Pillar Domestic data policies |
Sub-pillar 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
Since March 2021, entry into force in April 2021
Pillar Domestic data policies |
Sub-pillar 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 |
Sub-pillar 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
ZAMBIA
Since March 2021, entry into force in April 2021
Pillar Domestic data policies |
Sub-pillar Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Cyber Security and Cyber Crimes Act, 2021 (No. 2 of 2021)
Section 22 of the Cyber Security and Cyber Crimes Act requires a controller of a critical information infrastructure to annually appoint an information technology auditor to audit the critical information infrastructure. The Authority is also empowered to order that an audit be conducted at any time.
Coverage Critical information infrastructure
ZAMBIA
Since March 2021
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Data Protection Act, 2021 (No. 3 of 2021)
The Data Protection Act permits the interception of communication in order to prevent bodily harm, loss of life, or damage to property, detection of a crime, or for the purposes of determining location in cases of emergency. Additionally, public authorities can access personal data held by private organisations where the interests of national security, defence, and public order are concerned (Section 53). The legal bases are not exhaustive. However, it is reported that it does not entail that those public authorities have discretion, as any access to such information must be authorised by a particular piece of legislation.
Coverage Horizontal
ZAMBIA
Since March 2021, entry into force in April 2021
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Cyber Security and Cyber Crimes Act, 2021 (No. 2 of 2021)
Section 38 of the Cyber Security and Cyber Crimes Act requires electronic communication service providers to use electronic communication systems that are technically capable of supporting lawful interceptions, install hardware and software facilities and devices that enable interception, provide services capable of rendering real-time and full-time monitoring facilities for the interception of communications, and provide call-related information in real-time or as soon as possible upon call termination. Further, service providers are required to provide interfaces for the transmission of intercepted communication to the Central Monitoring and Coordination Centre. The penalty for non-compliance is a fine of ZMW 150,000 (approx. USD 7,100), imprisonment for up to five years, or both. It is reported that this high penalty compels service providers to render interception assistance even when they receive dubious oral orders that lack judicial backing or any evidence justifying the interception.
Coverage Electronic communication service providers
Sources
- https://web.archive.org/web/20240127144243/https://www.parliament.gov.zm/sites/default/files/documents/acts/Act%20No.%202%20of%202021The%20Cyber%20Security%20and%20Cyber%20Crimes.pdf
- https://web.archive.org/web/20240710090012/https://cipesa.org/wp-content/files/briefs/Implications-of-Zambias-Cyber-Security-and-Cyber-Crimes-Act_on-Digital-Rights_2021.pdf
ZAMBIA
Since March 2021
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Electronic Communications and Transactions Act No. 4 of 2021
The Electronic Communications and Transactions Act, 2021 establishes a safe harbour regime for intermediaries for copyright infringements. According to Part X of the Act, service providers are not liable for infringing material that is transmitted, routed, or stored on their networks or platforms, provided that they do not modify the data; adhere to conditions for access to the data; do not have actual knowledge of the infringing material; and remove or disable access to the data upon receiving a takedown notice. This safe harbour provision also applies to hyperlink providers and hosting service providers. In addition, the Act establishes a “notice and takedown” procedure but does not impose a general obligation on service providers to monitor unlawful activities on their platforms or hold them liable for the use of location tools.
Coverage Intermediaries