ZIMBABWE
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Zimbabwe has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=17961&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
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
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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
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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 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
ZIMBABWE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Zimbabwe has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
ZIMBABWE
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
Zimbabwe has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
ZIMBABWE
Since August 2007
Pillar Intellectual Property Rights (IPRs) |
Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Interception of Communications Act of 2007
Section 11 of the Interception of Communications Act allows security and law enforcement agencies to impose disclosure requirements in respect of encrypted information where they believe that a key to encrypted information is in the possession of that person and that a disclosure requirement is necessary in the interests of national security, to prevent or detect a serious criminal offence, or in the interests of the country’s economic well being. Failure to comply is a criminal offence punishable by imprisonment, a fine, or both.
Coverage Encrypted information
ZIMBABWE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Zimbabwe has no rules applicable to the protection of trade secrets.
Coverage Horizontal
ZIMBABWE
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 Zimbabwe to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
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
