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
- Show more...
TANZANIA
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 Tanzania to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
TANZANIA
Since May 2015
Pillar Domestic data policies |
Indicator 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
TANZANIA
Since January 2018
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Electronic and Postal Communications (Licensing) Regulations, 2018
Section 22 of the Electronic and Postal Communications (Licensing) Regulations stipulates that foreign investment in the telecommunications sector is restricted to a maximum of 75%
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250128163306/https://www.tcra.go.tz/download/sw-1619086529-The%20Electronic%20and%20Postal%20Communications%20%28Licensing%29%20Regulations,%202018.pdf
- https://web.archive.org/web/20250109080425/https://www.state.gov/reports/2023-investment-climate-statements/tanzania/
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=2906456&id2=&id3=&sPath=000021090010903&mzMode=Modes3
- Show more...
TANZANIA
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
TTCL (Tanzania Telecommunications Company Limited) is a state-owned telecommunications company in Tanzania that offers fixed-line, mobile, broadband internet, and data services. The company also has a fibre optic network throughout the country, enabling it to offer high-speed connectivity services to businesses and homes. TTCL has been a key player in the expansion of Tanzania's telecommunications infrastructure and the promotion of internet access and other telecommunications services throughout the country.
TTCL was privatised in February 2001, when a Consortium MSI of the Netherlands and Detecon of Germany acquired 35% shares of the company from the Government of Tanzania. However, the Government of Tanzania fully repossessed TTCL ownership by 100% from June 2016. Tanzanian government owns 40% of Bharti Airtel. The Government of Zanzibar (a partly self-governing state in Tanzania) owns a 15% stake in Zanzibar Telecom (Zantel).
It is reported that the government's effort to privatise TTCL has stalled. TTCL has been given management of the national fibre backbone and will service all districts; private operators must contract for service with TTCL. In addition, investors report that though the government has authorised some private companies to build terrestrial fibre networks, governing regulations remain unclear and inconsistently applied.
TTCL was privatised in February 2001, when a Consortium MSI of the Netherlands and Detecon of Germany acquired 35% shares of the company from the Government of Tanzania. However, the Government of Tanzania fully repossessed TTCL ownership by 100% from June 2016. Tanzanian government owns 40% of Bharti Airtel. The Government of Zanzibar (a partly self-governing state in Tanzania) owns a 15% stake in Zanzibar Telecom (Zantel).
It is reported that the government's effort to privatise TTCL has stalled. TTCL has been given management of the national fibre backbone and will service all districts; private operators must contract for service with TTCL. In addition, investors report that though the government has authorised some private companies to build terrestrial fibre networks, governing regulations remain unclear and inconsistently applied.
Coverage Telecommunications sector
TANZANIA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Tanzania is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
TANZANIA
Since September 2023, entry into force in September 2024
Since December 2013, last amended in October 2018
Since December 2013, last amended in October 2018
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement Act, 2023
Public Procurement Regulations, 2013
Public Procurement Regulations, 2013
According to Art. 56.1 of the Public Procurement Act 2023, tenderers may participate in procurement proceedings regardless of nationality, unless the procuring entity restricts participation based on nationality as permitted under this Act, accompanying regulations, or other applicable laws. Art. 57 further stipulates that when a Tanzanian public body fully funds a procurement, contracts for works, goods, or services valued at or below TZS 1,500,000,000 (approx. USD 566,976) must be reserved exclusively for local individuals or firms.
Additionally, Section 6 of the Public Procurement Regulations 2013 (which remain in effect until new regulations are enacted under Art. 131 of the 2023 Act) prohibits procuring entities from denying prequalification to firms unless they lack legal capacity, financial capability, or sufficient experience to perform the contract. Nationality cannot be grounds for denial unless commercial relations with the firm’s country are explicitly restricted by Tanzanian laws or regulations. However, under Section 150.1, foreign firms may only participate in international competitive tenders. International competitive tendering is required when (i) payments are made partially or entirely in a foreign currency or (ii) broad international participation is sought, irrespective of the estimated value of the goods or works to be procured.
Additionally, Section 6 of the Public Procurement Regulations 2013 (which remain in effect until new regulations are enacted under Art. 131 of the 2023 Act) prohibits procuring entities from denying prequalification to firms unless they lack legal capacity, financial capability, or sufficient experience to perform the contract. Nationality cannot be grounds for denial unless commercial relations with the firm’s country are explicitly restricted by Tanzanian laws or regulations. However, under Section 150.1, foreign firms may only participate in international competitive tenders. International competitive tendering is required when (i) payments are made partially or entirely in a foreign currency or (ii) broad international participation is sought, irrespective of the estimated value of the goods or works to be procured.
Coverage Horizontal
TANZANIA
Since September 2023, entry into force in September 2024
Since December 2013, last amended in October 2018
Since December 2013, last amended in October 2018
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act, 2023
Public Procurement Regulations, 2013
Public Procurement Regulations, 2013
According to Art. 56.2 of the Public Procurement Act 2023, the procuring entity shall grant a margin of preference for the benefit of tenders for certain goods manufactured in Tanzania, for works by Tanzania contractors, or services provided by Tanzania consultants, when procuring goods, works, or services by means of international or national tendering or when evaluating and comparing tenders, provided that this is clearly stated in the tender documents.
Regarding goods, according to Art. 60 of the Public Procurement Act 2023 and Art. 37 of the Public Procurement Regulations 2013 (which remain in effect until the publication of new regulations as mandated by Art. 131 of the Public Procurement Act 2023), the margin of preference can go up to 15% for domestically manufactured or produced goods and related services in contracts awarded through international or national competitive tendering.
Regarding contracts for works, consultancy or non-consultancy services, the procuring entity shall grant a margin of preference of up to 10% to local firms or association between local and foreign firms, according to Section 34 of the Public Procurement Regulations 2013.
Regarding goods, according to Art. 60 of the Public Procurement Act 2023 and Art. 37 of the Public Procurement Regulations 2013 (which remain in effect until the publication of new regulations as mandated by Art. 131 of the Public Procurement Act 2023), the margin of preference can go up to 15% for domestically manufactured or produced goods and related services in contracts awarded through international or national competitive tendering.
Regarding contracts for works, consultancy or non-consultancy services, the procuring entity shall grant a margin of preference of up to 10% to local firms or association between local and foreign firms, according to Section 34 of the Public Procurement Regulations 2013.
Coverage Horizontal
TANZANIA
Since September 2023, entry into force in September 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act, 2023
According to Art. 64 of the Public Procurement Act, purchasing body shall allocate a percentage of its annual procurement for special social groups in accordance with the procedures specified in the regulations. In making the regulations the Minister shall consult with the ministries responsible for special groups. For the purposes of this section, "special groups" include women, youth, the elderly and persons with special needs.
Coverage Horizontal
TANZANIA
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)
Tanzania is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
TANZANIA
Since January 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Electronic and Postal Communications (Licensing) Regulations, 2018
Section 22 (b) of the Licensing Regulations, 2018 stipulated that the majority shareholders (51%) of the Content Service Licensee should be Tanzanian citizens. The Content Licensee, under the regulations, is an entity authorised to provide radio or television broadcasting free to air or content services by subscription. According to Art. 27, a content services licence for subscription includes "Channel aggregation", that is the packaging of individual licensed or authorized channels into a specific basket of channels for distribution by a multiplex operator. The latter is a digital transmission channel which combines program material and other data in a digital form for transmission via a frequency channel.
Coverage Digital TV sector
