ZIMBABWE
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of independent telecom authority
Zimbabwe has a telecommunications authority: The Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ). However, it is reported that this entity is not fully independent.
Coverage Telecommunications sector
Sources
ZIMBABWE
Since October 2014, last amended in June 2019
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Postal and Telecommunications (Subscriber Registration) Regulations, 2014
Section 8 of the Postal and Telecommunications (Subscriber Registration) Regulations of 2014 stipulated that subscriber information in the telecom sector must not be transferred outside the Republic of Zimbabwe. An amendment in 2019 introduced new provisions. According to the revised Section 8, if transferring subscriber information to a foreign host becomes necessary or unavoidable for operational purposes, the service provider must ensure that the data is encrypted to prevent it from being read by the foreign host. The local service provider is required to retain the encryption keys to prevent unauthorised access. Additionally, before entering into any storage arrangement, the service provider must submit a report on data protection measures and hosting agreements to the relevant authority. In addition, the service provider must obtain clear, affirmative consent in writing from the subscriber for the transfer of personal data and must not sell, trade, or share the transferred data.
Reports indicate that the approvals of the regulators for data transfers are evaluated on a case-by-case basis.
Reports indicate that the approvals of the regulators for data transfers are evaluated on a case-by-case basis.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20211204231332/https://www.veritaszim.net/sites/veritas_d/files/SI%202014-95%20-%20Postal%20&%20Telecommunications%20(Subscriber%20Registration)%20Regulations,%202014.pdf
- https://web.archive.org/web/20241125163141/https://www.veritaszim.net/sites/veritas_d/files/SI%202019-250%20Postal%20and%20Telecommunications%20%28Subscriber%20Registration%29%20%28Amendment%29%20Regu...
- 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
- Show more...
ZIMBABWE
Since December 2021, entry into force in March 2022
Pillar Cross-border data policies |
Indicator Conditional flow regime
Cyber and Data Protection Act [Chapter 12:07]
Sections 28 and 29 of the Cyber and Data Protection Act establish a framework for the cross-border transfer of data. Data can be transferred to countries that offer adequate protection. In addition, data can be transferred if it is in the public interest to do so. The data subject must provide consent for their information to be transferred. However, this consent may also be implied or offered ambiguously.
Moreover, Section 11 of the Cyber and Data Protection Act prohibits the processing of sensitive personal information unless with the consent of the data subject or where processing is for legitimate purposes. Sensitive data, according to Section 3, includes social, political, and cultural information, as well as health and genetic information, and any information which may be considered as presenting a significant risk to the rights of the data subject.
Moreover, Section 11 of the Cyber and Data Protection Act prohibits the processing of sensitive personal information unless with the consent of the data subject or where processing is for legitimate purposes. Sensitive data, according to Section 3, includes social, political, and cultural information, as well as health and genetic information, and any information which may be considered as presenting a significant risk to the rights of the data subject.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240110111654/https://www.veritaszim.net/sites/veritas_d/files/Cyber%20%26%20Data%20Protection%20Act%20Cap1207%20No%205%20of%202021%20gaz%202022-03-11.pdf
- https://web.archive.org/web/20240229123040/https://zimbabwe.misa.org/2021/12/06/analysis-of-the-data-protection-act/
- https://www.veritaszim.net/node/5522
- Show more...
ZIMBABWE
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
Zimbabwe has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
ZIMBABWE
Since December 2021, entry into force in March 2022
Pillar Domestic data policies |
Indicator Framework for data protection
Cyber and Data Protection Act [Chapter 12:07]
Zimbabwe has a comprehensive regime of data protection in place: the Cyber and Data Protection Act [Chapter 12:07] was promulgated with the policy objective of data privacy and protection of all data collected by Data Controllers both within and outside Zimbabwe depending on the location of the means used to process the said data. The Act seeks to shield the privacy of such information and regulate the way in which such information is stored, used and disclosed.
Coverage Horizontal
ZIMBABWE
Since October 2013, last amended in June 2019
Pillar Domestic data policies |
Indicator Minimum period for data retention
Postal and Telecommunications Regulations Statutory Instrument 142 of 2013
Sections 4-7 of the Postal and Telecommunications Regulations mandate ICT service providers to obtain, record and store personal information of juristic and natural persons who are registered with these entities. Such a register is to be known as a Subscriber Register. The register is to be provided to POTRAZ or any state agency upon request and without delay. Furthermore, the regulation provides for the establishment of a Central Subscriber Database, which is the consolidated portal for personal information gathered from subscribers.
Coverage ICT service providers
ZIMBABWE
Since August 2007
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Interception of Communications Act of 2007
The Interception of Communications Act provides wide-ranging powers to state security agencies to have access to personal data. Section 5 mandates that intelligence, defence, police, and prison services request warrants of interception from the executive in charge of postal and telecommunication services. Section 9 of the Interception of Communications Act instructs ISPs to install necessary surveillance technologies and intercept any content that the state may deem fit. In addition, Section 9 obliges data services providers and processors to cooperate with the state in enabling data access. To this end, data processors are instructed to capture full personal information, regularly update it, and use technologies that can be intercepted.
It is reported that warrants allowing the monitoring and interception of communications are issued by the Minister of Information at their discretion. Consequently, there is no adequate judicial oversight or other independent safeguard against abuse, and the extent and frequency of monitoring remains unknown.
It is reported that warrants allowing the monitoring and interception of communications are issued by the Minister of Information at their discretion. Consequently, there is no adequate judicial oversight or other independent safeguard against abuse, and the extent and frequency of monitoring remains unknown.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220303111756/http://www.potraz.gov.zw/wp-content/uploads/2015/04/Interception%20of%20communications%20Act.pdf
- https://web.archive.org/web/20230925035603/https://freedomhouse.org/country/zimbabwe/freedom-net/2020
- https://web.archive.org/web/20220201190016/https://cipesa.org/?wpfb_dl=477
- Show more...
ZIMBABWE
Reported in 2020, last reported in 2023
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 market
In Zimbabwe, state-owned companies play a dominant role in the telecommunications sector. The government owns a significant stake in two of the three mobile service providers, including full ownership of NetOne and 60% of Telecel through Zimbabwe Academic Research and Education Network (ZARNet), a government-owned internet service provider and government agency. In addition, the state owns the only fixed-line service provider, TelOne. As for the main operators of the national network infrastructure, TelOne controls about 24% of the country's bandwidth capacity and about 23% of the revenues generated by the Internet. On the other hand, Powertel, belonging to the Zimbabwe Electricity Supply Authority, controlled 4.3% of the country's bandwidth capacity.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230211202937/https://www.netone.co.zw/#/history
- https://web.archive.org/web/20240719234519/https://www.paynow.co.zw/blog/who-owns-telecel-zimbabwe/
- https://web.archive.org/web/20230626095327/https://www.telone.co.zw/Content/Uploads/reports/c4dee6b5-00c2-46c6-97b0-d419b133d7cc.pdf
- https://www.wto.org/english/tratop_e/tpr_e/tp498_e.htm
- Show more...
ZIMBABWE
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)
Zimbabwe is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
ZIMBABWE
Since February 2002, as amended in September 2003
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Broadcasting Services Act
According to Art. 7.1 of the Broadcasting Services Act, no person shall provide a broadcasting service or operate as a signal carrier in Zimbabwe except in accordance with a broadcasting licence or a signal carrier licence. A broadcasting licence shall authorise the licensee to provide several classes of broadcasting services, including narrowcasting, datacasting, and webcasting (Art. 7.2). However, pursuant to Art. 8.1, a broadcasting licence shall be issued only to individuals who are citizens of Zimbabwe or to a corporate body in which a controlling interest is held, whether through any individual, company association or otherwise, by one or more individuals who are citizens of Zimbabwe.
Coverage Broadcasting sector
ZIMBABWE
Since March 2000
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Postal and Telecommunications Act, [Chapter 12:05]
According to Section 36 of the Postal and Telecommunications Act, the Postal and Telecommunications Regulatory Authority issues telecommunications licenses only to legal entities in which Zimbabwean citizens hold a "controlling interest", directly or indirectly. However, a license may be issued to a legal entity without such a majority shareholding, provided that within a period set out in the license, one or more such persons acquire a majority shareholding. As established in the same article, a "controlling interest" in a legal entity means that any of the following conditions are met: holding a majority of the shares of the entity; the shares represent more than 50% of the share capital of the entity; the shares are worth more than 50% of the share capital of the entity; or the shares give their holders a majority or a preponderance of votes in the affairs of the entity.
Coverage Telecommunications sector
ZIMBABWE
Since February 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Zimbabwe Investment and Development Agency Act [Chapter 14:37] No. 10/2019
Zimbabwe screens FDI through the Zimbabwe Investment and Development Agency (ZIDA) in liaison with relevant line ministries to confirm compliance with the country’s laws. Section 3 of Act No. 10/2019 establishes the ZIDA as a legal person. The government created the ZIDA to oversee the licensing and implementation of investment projects in the country. Part V of Act No. 10/2019 provides investors with the ability to obtain investment licences. ZIDA has established a one-stop investment services centre (OSISC, section 5 of the Act), which houses several agencies that play a role in the licensing, establishment, and implementation of investment projects.
Coverage Horizontal
ZIMBABWE
Since June 1997
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Zimbabwe is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
ZIMBABWE
Since September 2004
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright and Neighbouring Rights Act of 2004
Zimbabwe has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Part III of the Copyright and Neighbouring Rights Act lists the exceptions, which include the use with purposes of research or private study, educational use of copyright material, criticism, review, or news reporting, among others.
Coverage Horizontal
ZIMBABWE
Reported in 2018, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Inadequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in Zimbabwe. Pirating of books, videos, music, and computer software is reported to be common in the country.
Coverage Software
