TANZANIA
Since March 2010, last amended in 2022
Pillar Intermediary liability |
Indicator User identity requirement
Electronic and Postal Communications Act, 2010
Pursuant to Sections 93 and 94 of the Electronic and Postal Communications Act, individuals wishing to acquire and use a mobile telephone with either a detachable or embedded SIM card must provide identity verification documentation before purchase.
Coverage Telecommunications sector
TANZANIA
Since March 2018, as amended in July 2020
Pillar Intermediary liability |
Indicator User identity requirement
Electronic and Postal Communications (Online Content) Regulations (2020)
According to Section 13 of the Online Content Regulations (2020), amending the Electronic and Postal (Online Content) Regulations 2018, internet cafe operators are required to keep a proper service user register and ensure every person using internet service is registered upon showing a recognised identity card; and install surveillance cameras to record and archive activities inside the cafe.
Coverage Internet cafe operators
Sources
- https://web.archive.org/web/20230328145454/https://www.tcra.go.tz/uploads/documents/sw-1619088125-The%20Electronic%20and%20Postal%20Communications%20(Online%20Content)%20Regulations,%202020.pdf
- https://web.archive.org/web/20230324075153/https://www.theverge.com/2018/7/6/17536686/tanzania-internet-laws-censorship-uganda-social-media-tax
TANZANIA
Since March 2018, as amended in July 2020
Pillar Intermediary liability |
Indicator Monitoring requirement
Electronic and Postal Communications (Online Content) Regulations, 2020
According to the Electronic and Postal (Online Content) Regulations 2018 (last amended in 2020), the application service licensee holders are required to terminate or suspend the subscriber account within two hours after being reported for sharing prohibited content (Section 11.3). While the previous regulation required online platforms to take down alleged illegal content within 12 hours, the current regulation forces license holders — such as the hosts of discussion forums — to remove prohibited content immediately. When a subscriber to a forum uploads alleged illegal content, the license holder must notify the subscriber within two hours. If the subscriber fails to take down content within two hours of getting the notice, the license holder must revoke the subscriber’s access to the platform. In addition, according to Section 9.d, providers are required to use moderating tools to filter prohibited content.
Coverage Online content providers
Sources
TANZANIA
Reported in 2024
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
In 2024, Tanzania implemented a series of digital restrictions affecting access to websites and online platforms. In August, the government blocked the social media platform X (formerly Twitter) nationwide following the hacking of the Tanzania Police Force’s official account, which had been used to spread false information. The authorities cited national security concerns and warned that using VPNs to bypass the block could lead to legal penalties. Further actions included the October 2024 suspension of Mwananchi Communications Ltd.’s online platforms for 30 days, following the publication of content deemed threatening to national unity. Additionally, research by the Open Observatory of Network Interference (OONI) documented the blocking of numerous websites and applications related to LGBTIQ issues, including Grindr, between January 2023 and January 2024, as well as restricted access to VPN services, Clubhouse, and 4chan.
Coverage Social media platforms
Sources
- https://africa.businessinsider.com/local/lifestyle/tanzania-shuts-down-access-to-x-again-marking-second-blockade-in-under-a-year/we62fcd
- https://www.reuters.com/world/africa/tanzania-suspends-media-companys-online-platforms-30-days-2024-10-03/
- https://www.state.gov/wp-content/uploads/2024/02/528267_TANZANIA-2023-HUMAN-RIGHTS-REPORT.pdf
- https://ooni.org/post/2024-tanzania-lgbtiq-censorship-and-other-targeted-blocks/
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TANZANIA
Since May 2015, last amended in June 2023
Pillar Cross-border data policies |
Indicator Local storage requirement
Tax Administration Act
According to Section 35 of the Tax Administration Act, every person who is taxable or otherwise liable under any tax legislation is required to maintain records, either in paper or electronic format, within the territory of the Tanzania. These records must contain information that is to be submitted to the Commissioner General in accordance with any applicable tax law, support the accurate determination of tax liabilities, and comply with any requirements prescribed by the Commissioner General or relevant regulations. Additionally, any person who maintains records in electronic form must ensure that a primary data server for storing such documents is located within the country. This server must be accessible to the Commissioner General for the purposes of tax administration. The term "primary data server" refers to any physical, virtual, or other type of server that stores data generated or collected by the taxable or liable person in the ordinary course of business.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240719024756/https://procedures.tic.go.tz/media/Tax%20Administration%20Act%202015%20English%20Version.pdf
- https://web.archive.org/web/20230126101935/https://www.tcra.go.tz/uploads/documents/sw-1636619115-FINANCE%20ACT-%202021.pdf
- https://web.archive.org/web/20250619230351/https://www.tra.go.tz/images/uploads/acts/ACT_NO_7_THE_FINANCE_ACT_2023.pdf
- https://web.archive.org/web/20240503073436/https://www.gsma.com/solutions-and-impact/connectivity-for-good/mobile-for-development/wp-content/uploads/2024/04/GSMA_Oriel_DLR-Report.pdf
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TANZANIA
Since June 2021
Since 2015
Since 2015
Pillar Cross-border data policies |
Indicator Infrastructure requirement
Outsourcing Guidelines for Banks and Financial Institutions, 2021
Payment Systems (Licensing and Approval) Regulations, 2015
Payment Systems (Licensing and Approval) Regulations, 2015
Guideline 10 (g) of the Outsourcing Guidelines for Banks and Financial Institutions stipulates that banks and financial institutions are prohibited from outsourcing their primary data centres to locations outside the country. In addition, Art. 42 of the Payment Systems Licensing and Approval Regulations requires a payment system provider to place its primary data centre in relation to payment system services in Tanzania.
Coverage Financial sector
Sources
- https://web.archive.org/web/20240816034849/https://www.bot.go.tz/Publications/Acts,%20Regulations,%20Circulars,%20Guidelines/Regulations/en/2020030903280842.pdf
- https://web.archive.org/web/20230207080958/https://www.bot.go.tz/Publications/Acts,%20Regulations,%20Circulars,%20Guidelines/Guidelines/en/2021063015241391.pdf
- https://web.archive.org/web/20240503073436/https://www.gsma.com/solutions-and-impact/connectivity-for-good/mobile-for-development/wp-content/uploads/2024/04/GSMA_Oriel_DLR-Report.pdf
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TANZANIA
Since November 2022, entry into force in May 2023
Pillar Cross-border data policies |
Indicator Conditional flow regime
The Personal Data Protection Act 2022, Act No. 11 of 2022
Sections 31 and 32 of the Personal Data Protection Act permit the transfer of personal data outside Tanzania only on the following circumstances: a) to a country with an adequate personal data protection legal system (i.e. essentially equivalent levels of protection to that within Tanzania) provided the recipient has proven (i) such transfer is necessary for important reasons of public interest or any other legitimate purpose or (ii) the importance of the transfer and there is no reason to assume that the transfer or processing in the recipient country may prejudice the subject's legitimate interests. The data collector or processor must carry out a prior data protection impact assessment on the need to transfer personal data and ensure the recipient of the data only processes the relevant information in the data and for the purpose for which the data was transferred; b) to any other country with appropriate safeguards on the security and protection of personal data provided the data is transferred to be processed for a purpose approved by the data subject, unless the data subject has consented to such transfer, or the transfer is necessary:
- For the performance of a contract between the data subject and the data collector or the implementation of pre-contractual measures taken at the request of the data subject.
- For the conclusion or performance of a contract concluded or to be concluded in the interest of the data subject between the collector and another person.
- For any public interest or the establishment, exercise or defence of a legal claim.
- To protect the vital interests of the data subject.
- In accordance with a law aimed at giving information to the public, which affords an opportunity for public consultation in general or anyone with a legitimate interest to submit their comments in accordance with a procedure laid down by law.
- For the performance of a contract between the data subject and the data collector or the implementation of pre-contractual measures taken at the request of the data subject.
- For the conclusion or performance of a contract concluded or to be concluded in the interest of the data subject between the collector and another person.
- For any public interest or the establishment, exercise or defence of a legal claim.
- To protect the vital interests of the data subject.
- In accordance with a law aimed at giving information to the public, which affords an opportunity for public consultation in general or anyone with a legitimate interest to submit their comments in accordance with a procedure laid down by law.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230801103752/https://abcattorneys.co.tz/wp-content/uploads/2023/05/Personal-Data-Protection-Act-of-Tanzania-Sheria-ya-Ulinzi-wa-Taarifa-Binafsi-Tanzania-2022-ABC-Attorney...
- https://web.archive.org/web/20230528172155/https://www.dlapiperdataprotection.com/index.html?t=transfer&c=TZ
- https://www.dataguidance.com/notes/tanzania-data-protection-overview
- https://web.archive.org/web/20230511174813/https://altadvisory.africa/2023/05/10/tanzania-data-protection-act-comes-into-effect/
- https://web.archive.org/web/20230511174813/https://altadvisory.africa/2023/05/10/tanzania-data-protection-act-comes-into-effect/
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TANZANIA
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
Tanzania has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
TANZANIA
Since November 2022, entry into force in May 2023
Pillar Domestic data policies |
Indicator Framework for data protection
The Personal Data Protection Act 2022, Act No. 11 of 2022
The Personal Data Protection Act provides a comprehensive regime of data protection in Tanzania. It contains detailed provisions imposing obligations on data controllers and data processors, including requirements associated with data security and international data transfers, and establishes the Personal Data Protection Commission.
Coverage Horizontal
TANZANIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Tanzania has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
TANZANIA
Since March 2018, as amended in July 2020
Pillar Domestic data policies |
Indicator Minimum period for data retention
Electronic and Postal Communications (Online Content) Regulations (2020)
Section 13 of the Online Content Regulations (2020) requires internet cafe operators to:
- keep a proper service user register and ensure every person using internet service is registered upon showing a recognised identity card;
- install surveillance cameras to record and archive activities inside the cafe.
The images recorded by a surveillance camera and the register of users recorded shall be kept for a period of 12 months.
- keep a proper service user register and ensure every person using internet service is registered upon showing a recognised identity card;
- install surveillance cameras to record and archive activities inside the cafe.
The images recorded by a surveillance camera and the register of users recorded shall be kept for a period of 12 months.
Coverage Internet cafe operators
Sources
- https://web.archive.org/web/20230328145454/https://www.tcra.go.tz/uploads/documents/sw-1619088125-The%20Electronic%20and%20Postal%20Communications%20(Online%20Content)%20Regulations,%202020.pdf
- https://web.archive.org/web/20230324075153/https://www.theverge.com/2018/7/6/17536686/tanzania-internet-laws-censorship-uganda-social-media-tax
TANZANIA
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
Tanzania has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
TANZANIA
Since March 2010
Pillar Domestic data policies |
Indicator Minimum period for data retention
Electronic and Postal Act, 2010
According to the Electronic and Postal Act of 2010, the licensee of a telecommunications licence is required to store subscriber communication data for one month, after which the data must be submitted to the Tanzania Communications Regulatory Authority. Section 91 specifies that: "(1) There shall be a database kept within the Authority in which all Subscriber Information shall be stored. (2) The Authority shall be responsible for monitoring and supervising the information stored under sub-section (1). (3) Every application services licensee shall be required to submit to the Authority, once a month, a list containing its subscribers' information. (4) The Authority shall issue guidelines on the details of subscriber information to be submitted."
Coverage Telecommunication sector
TANZANIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of effective protection of trade secrets
Tanzania does not have a comprehensive framework in place that provides effective protection of trade secrets. It is reported that the protection of trade secrets is mostly by way of common law and equity in the form of judicial decisions.
Coverage Horizontal
TANZANIA
Since November 2022, entry into force in May 2023
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
The Personal Data Protection Act 2022, Act No. 11 of 2022
Section 27.3 of the Personal Data Protection Act requires that either the data collector or the data processor must appoint a personal data protection officer who will ensure the security of the data.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230801103752/https://abcattorneys.co.tz/wp-content/uploads/2023/05/Personal-Data-Protection-Act-of-Tanzania-Sheria-ya-Ulinzi-wa-Taarifa-Binafsi-Tanzania-2022-ABC-Attorney...
- https://web.archive.org/web/20230528155131/https://www.dlapiperdataprotection.com/index.html?t=data-protection-officers&c=TZ
- https://web.archive.org/web/20231003142817/https://www.dataguidance.com/notes/tanzania-data-protection-overview
- https://web.archive.org/web/20240301152736/https://altadvisory.africa/2023/05/10/tanzania-data-protection-act-comes-into-effect/
- https://web.archive.org/web/20230702020728/https://www.thecitizen.co.tz/tanzania/news/national/tanzania-s-data-protection-law-comes-into-effect-4223022
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