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THAILAND

Since November 2015
Since October 2019
Since January 2020

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Cabinet Resolutions 2015: NOR/ROR 0505/ 356, GOR/KOR 0421/21657 NOR/ROR 0913/228

Thai Innovative Products List (บัญชีนวัตกรรมไทย)

Ministerial Regulation Prescribing Supplies and Procurement Methods for Supplies that the State Must Promote or Support (No. 2) 2020 (กฎกระทรวงกำหนดพัสดุและวิธีการจัดซื้อจัดจ้างพัสดุที่รัฐต้องการส่งเสริมหรือสนับสนุน (ฉบับที่ 2) พ.ศ. 2563)
The Cabinet Resolutions grant privilege to the products listed as Thai Innovative Products. Since 2016, the Budget Bureau has introduced the monthly report of the 'Thai Innovation List' to develop domestic industrial capacity in several innovation-centered economic sectors. The Innovation List grants special government procurement privileges only to the products from authorised Thai majority-owned companies. The list covers products from various sectors, including electrical, electronics, and telecommunications.
The Innovation Products is prescribed in the Ministerial Regulation 2020. The products listed as Innovation Products are those that the state needs to promote or support (Clause 12). Thai governmental departments must spend at least 30% of their budget procuring the listed products (Clause 13).
Coverage "Thai Innovation List" including electrical products, electronics, and telecom equipment
Sources

THAILAND

Since February 2017, entry into force in August 2017
Since August 2017

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement and Supplies Administration Act, 2017 (พระราชบัญญัติการจัดซื้อจัดจ้าง และการบริหารพัสดุภาครัฐ พ.ศ. 2560)

Ministerial Regulations Stipulating Criteria, Methods and Conditions for Consultant Registration, B.E. 2017 (กฎกระทรวง กำหนดหลักเกณฑ์ วิธีการ และเงื่อนไขการขึ้นทะเบียนที่ปรึกษา พ.ศ. 2560)
According to Art. 73 of the Public Procurement and Supplies Administration Act, Thailand does not permit direct cross-border participation of foreign suppliers in its government procurement contracts. Foreign companies can participate, but they must register with the Comptroller General's Department, following the criteria, procedures, and conditions prescribed in the Ministerial Regulations Stipulating Criteria, Methods and Conditions for Consultant Registration. Clauses 4-5 of this regulation distinguish between two types of consultants: (i) freelance consultants and (ii) juristic person consultants. Generally, eligible suppliers must be juristic persons registered in Thailand, with an office in the country and at least half of the board directors holding Thai citizenship. Freelance consultants must be Thai nationals, and in the case of juristic persons, at least 51% of their total shares must be held by Thai citizens.
Coverage Consultanting services

TANZANIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Local presence requirement for domain registration
The domain registration requires local presence or representation. It is reported that a business should be registered locally (as a local or foreign business) to get the local domain (co.tz). After registering the company (which may require either local presence or representation), domain registration can then be done online.
Coverage Horizontal

TANZANIA

Since May 2015
Since February 2018

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Electronic Transactions Act, 2015

Electronic and Postal (Consumer Protection) Regulations 2018
The Electronic Transactions Act (Section 28-32) and the Electronic and Postal (Consumer Protection) Regulations 2018 provide a comprehensive framework for consumer protection that also applies to online transactions. However, both acts are reported to not offer online complaint resolution provisions, which can lower consumers' confidence to participate in the digital trade. Furthermore, Tanzania recognises e-signatures under several laws, including the Arbitration Act of 2020 (Section 87), the E-government Act of 2019 (Section 27), and the Electronic Transactions Act of 2015 (Section 6).
Coverage Horizontal

TANZANIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (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
Tanzania has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

TANZANIA

Since 2015

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Tanzania 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

TANZANIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Tanzania 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

TANZANIA

Since September 2014, last amended in Since January 2018

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar 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 May 2015

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Restrictions on encryption standards
Electronic Transactions Act, 2015
According to Art. 33 of the Electronic Transactions Act, 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. It is unclear whether this can entail disclosure of trade secrets.
Coverage Cryptographic or certification service

TANZANIA

Reported in 2021, last reported in 2024

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Tanzania does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

TANZANIA

Since October 2023

Pillar Content access  |  Sub-pillar 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 March 2018, last amended in July 2020

Pillar Content access  |  Sub-pillar 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  |  Sub-pillar 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 November 2022, entry into force in May 2023

TANZANIA

Since May 2015

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Cybercrime Act, 2015
Sections 34 and 35 of the Cybercrimes Act allow a police station or a law enforcement officer to collect or record traffic or content data associated with a specified communication during a specified period without a court order. Section 32 states that "(1) Where the disclosure of data is required for the purposes of a criminal investigation, or the prosecution of an offence, a police officer in charge of a police station or a law enforcement officer of a similar rank may issue an order to any person in possession of such data compelling him to disclose such data."
Coverage Telecommunications sector

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