The Electronic Transactions Act, 2015 of Tanzania

May 2015

View the original document

National Regulations

The Electronic Transactions Act, 2015 of Tanzania aims to provide a legal framework for electronic transactions and e-Government services. Its primary purpose is to facilitate the use of Information and Communication Technology (ICT) in legal and administrative processes. This includes recognising electronic signatures, records, and contracts, ensuring the admissibility of electronic evidence, and regulating cryptographic services. By establishing these measures, the Act fosters trust in digital systems, promotes e-commerce, and enables efficient governance through electronic means.

Overview of the Act

The Act is divided into the following parts:

Part I: Preliminary Provisions

  • Purpose: Outlines the Act’s title, commencement, application, and definitions of key terms.
  • It applies to both Tanzania Mainland and Zanzibar, except where specified otherwise.

Part II: Recognition and Effects of Electronic Transactions

  • Provides legal recognition for data messages and electronic formats.
  • Validates electronic signatures and secure electronic signatures.
  • Details requirements for electronic record-keeping and notarization in electronic formats.

Part III: E-Government Services

  • Recognises the use of ICT in public institutions for handling documents and services electronically.
  • Allows electronic payments and the publication of documents in electronic gazettes.
  • Emphasises voluntary adoption of electronic formats by public institutions.

Part IV: Admissibility and Evidential Weight of Data Messages

  • Establishes the admissibility of electronic communications as evidence.
  • Defines criteria for assessing the reliability and integrity of electronic records.
  • Specifies how electronic messages can be attributed to their originators.

Part V: Recognition of Electronic Contracts

  • Recognises the validity of contracts formed electronically.
  • Specifies the time, place, and conditions for contract formation through electronic communication.
  • Covers online auctions and interactions with automated systems.

Part VI: Consumer Protection

  • Protects consumers engaging in electronic transactions.
  • Mandates suppliers to provide clear information about their goods and services.
  • Establishes rules for cancellations, refunds, and handling unsolicited communications.

Part VII: Cryptographic and Certification Service Providers

  • Regulates cryptographic services through licensing.
  • Defines the functions of the regulator, including setting security standards and maintaining service provider registries.

Part VIII: General Provisions

  • Grants the Minister the authority to make regulations necessary for implementing the Act.

Part IX: Consequential Amendments

  • Amends existing laws to accommodate electronic formats and transactions:
    • Law of Contract Act, Cap. 345: Recognises electronic contracts.
    • Law of Evidence Act, Cap. 6: Includes electronic evidence.
    • Records and Archives Management Act, Cap. 309: Adds provisions for electronic records.
    • Banking and Financial Institutions Act, Cap. 342: Acknowledges electronic documentation.