The Electronic Transactions Act R:E 2022
This section says the Act may be cited as the Electronic Transactions Act.
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admissibility cancellation certificates certification services communication acknowledgements communications computer systems consumer disclosure contract formation contract location contracting cryptographic services customer contact information data messages definitions digital records digital signing dispatch and receipt document authentication document form requirements document handling document production document retention e-signatures/electronic records +32 more
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About this statute
This section says the Act may be cited as the Electronic Transactions Act. This Act applies to Mainland Tanzania and Tanzania Zanzibar, except for Part III. This section defines key terms used in the Act. A data message cannot be refused legal effect, validity, or enforceability just because it is electronic. An electronic information or transaction can satisfy a legal requirement for a prescribed non-electronic form or for writing if it is organized similarly, accessible for later reference, and can be retained by the other person.
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Provisions of The Electronic Transactions Act R:E 2022
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- 1
This section says the Act may be cited as the Electronic Transactions Act.
1. This Act may be cited as the Electronic Transactions Act. Application - 2
This Act applies to Mainland Tanzania and Tanzania Zanzibar, except for Part III.
2. Save for Part III, this Act shall apply to Mainland Tanzania as well as Tanzania Zanzibar. Interpretation - 3 Verify source ↗
Short title
This section defines key terms used in the Act.
3. In this Act, unless the context requires otherwise- “access” in relation to any computer system, means to gain entry to, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any of the resources of the computer system or network or data storage medium; 1 The long title is amended by Act No. 10 of 2019 under section 63 4 Electronic Transactions Act [CAP. 442 R .E. 2022] “addressee” means a person or part who is intended by the originator receive an electronic to communication, but does not include a part acting as an intermediary in respect of that electronic communication; “computer system” means a device or combination of devices, including network, input and output devices capable of being used in conjunction with external files which contain computer programmes, electronic instructions, input data and output data that perform logic, arithmetic data storage and retrieval communication control and other functions; “consumer” means any person who enters or intends to enter into an electronic transaction with a supplier as the end user of goods or services offered by the supplier; the transforming art of protecting into an “cryptography” means information by unreadable format; it “data” means any information presented in an electronic form; “data message” means data generated, communicated, received or stored by electronic, magnetic optical or other means in a computer system or for transmission from one computer system to another; “electronic communication” means any transfer of sign, signal, or computer data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo- photoelectronic, optical or in any other similar form; “electronic record” means a record stored in an electronic form; “electronic signature” means data, including an electronic sound, symbol or process, executed or adopted to identify a part, to indicate that part’s approval or intention in respect of the information contained the electronic communication and which is attached to or in 5 Electronic Transactions Act [CAP. 442 R .E. 2022] logically associated with such electronic communication; “electronic transaction” means a transaction, action or set of transactions of a commercial or non- place commercial electronically; nature, takes that “interactive message system” means an automated system, or other pre-programmed system, used to, initiate an action, respond to electronic communications, other or performances in whole or in part without review or intervention by a part each time an action is initiated or a response is generated by the system; “Minister” means the Minister information and communication technology; responsible generate for “originator” means a person from whom the electronic communication purports to have been sent or generated; “place of business” means any place where a part maintains a non-transitory establishment to pursue an economic activity other than the temporary provision of goods or services out of a specific location. PART II RECOGNITION AND EFFECTS OF ELECTRONIC TRANSACTIONS Recognition of data message Validity of transaction in electronic form
Part
PART II
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A data message cannot be refused legal effect, validity, or enforceability just because it is electronic.
4. A data message shall not be denied legal effect, validity or enforceability on the ground that it is in electronic format. - 5
An electronic information or transaction can satisfy a legal requirement for a prescribed non-electronic form or for writing if it is organized similarly, accessible for later reference, and can be retained by the other person.
5.-(1) Where a law requires information or transaction to be in a prescribed non-electronic form or in writing, such requirement shall be met by an information or a transaction entered in electronic form that is- (a) organised in the same or substantially the same way as the prescribed non-electronic 6 Electronic Transactions Act [CAP. 442 R .E. 2022] form; (b) accessible to subsequent reference; and the other person for (c) capable to be retained by the other person. (2) Subsection (1) shall apply whether the requirement is in a form of an obligation or where the law only provides consequences for the information which is not in writing. - 6
A signature requirement can be satisfied by a secure electronic signature under this Act.
6.-(1) Where a law requires the signature of a person to be entered, that requirement shall be met by a secure electronic signature made under this Act. (2) The requirement for an electronic signature made under subsection (1) shall be met if- Electronic signature (a) the method is used to identify the person and to indicate the intention of that person in information communicated; and relation with (b) at the time the method was used, that method was reliable and appropriate for the purposes for which the information was communicated. (3) Parties to a contract may agree to use a particular method of electronic signature as they deem appropriate unless it is otherwise provided by law. Secure electronic signature - 7
An electronic signature is treated as secure if it meets the listed conditions.
7. An electronic signature shall be deemed to be secure if it- (a) is unique for the purpose for which it is used; (b) can be used to identify the person who signs the electronic communication; (c) is created and affixed to the electronic communication by the signer; (d) is under control of the person who signs; and (e) is created and linked to the electronic communication to which it relates in a manner such that any changes in the be electronic communication would 7 Electronic Transactions Act [CAP. 442 R .E. 2022] revealed. Application of secure electronic signature Electronic record keeping - 8
A secure electronic signature is treated as applied when the holder applies it and does so with the intention of signing or approving a communication.
8. A secure electronic signature shall be deemed to have been applied if it is- (a) applied by the holder of the secure electronic signature; and (b) affixed by the holder with the intention of the electronic signing or approving communication. - 9
Electronic record keeping can satisfy a written-law retention or keeping requirement if the record is electronic, kept in a usable accurate format, and preserves origin, destination, and timestamps.
9.-(1) Where a written law requires that certain information or document be retained or kept, that requirement is deemed to have been met by electronic record keeping provided that- (a) the information contained in that record is in electronic form; (b) the electronic record is retained or kept in a format in which it was generated, sent or received, or in a format which can be demonstrated to represent that information accurately; and (c) such electronic record is retained or kept in a form that enables the identification of the origin and destination of an electronic record or electronic communication and the date and time when it was first generated, sent, received or retained. (2) An obligation to retain or keep a document, record or information in accordance with subsection (1) shall not extend to any information of which the sole purpose is to enable the message to be sent or received. Notarisation, acknowledgement and certification - 10
A legal requirement for notarisation, acknowledgement, verification, oaths, or certified copies can be satisfied electronically in the situations described here.
10. Where the law requires- (a) a signature, statement or a document to be notarised, acknowledged, verified or made under oath, that requirement shall be the electronic deemed to signature of to, perform the person authorised is attached to be met those acts if 8 Electronic Transactions Act [CAP. 442 R .E. 2022] incorporated in or logically associated with an electronic signature or a data message; or (b) a person to provide a certified copy of a document and that document exists in an electronic form, the requirement shall be met if the person provides a certified print- out of the document. - 11
This section says certain written-law requirements can be satisfied by electronic communication, including electronic copies, electronic sealing/signing, and electronic sending, unless the Act says otherwise.
11.-(1) Where the law requires- (a) submission of multiple copies of a document to a single addressee at the same is met by requirement time, that submission electronic a of communication that is capable of being reproduced by that addressee; single Other requirements (b) a seal to be affixed and signature to a document and that law does not prescribe the method or form by which such a document may be sealed by electronic means, that requirement shall be met if the document signed sealed electronically by a person who was required to seal and sign that document; or (c) a person to send an information or a document by post or a similar service, that requirement that information or document is sent in an electronic form. shall be met and is if (2) An expression in a written law, including the terms "document", "record", "file", "submit", "lodge", "deliver", "issue", "publish", "write in", "print" or words or expressions of similar effect, shall be interpreted so as to include or permit such form, format or action to an electronic communication unless it is otherwise provided for in this Act. relation in Conduct of person relying on - 12 Verify source ↗
12A. Payment of money and issuance of receipt in electronic form
A person relying on an electronic signature must take reasonable steps to verify its authenticity or the validity of any supporting certificate.
12. A person who relies on an electronic signature shall bear the legal consequence of failure to 9 Electronic Transactions Act [CAP. 442 R .E. 2022] electronic signature Payment of money and issuance of receipt in electronic form Act No. 10 of 2019 s. 64 take reasonable steps to verify the- (a) authenticity of a electronic signature; or (b) validity of a certificate or observe any limitation with respect to the certificate where an electronic signature is supported by a certificate. - 12A Verify source ↗
Payment of money and issuance of receipt in electronic form
If payment is required by law, electronic payment can satisfy it if it meets any conditions in other relevant laws. A required receipt can be satisfied by an electronic message if it is accessible, intelligible, and usable later.
12A. Where the law requires- (a) payment to be made, the requirement shall be met if payment is made by an electronic means and complies with any conditions imposed by other relevant laws; and (b) the issuance of any receipt of payment, the requirement shall be met if the receipt is in the form of an electronic message and the is accessible and electronic message intelligible so as for to be usable subsequent reference. PART III Repealed
Part
PART III
Part
PART IV
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A data message cannot be excluded from evidence just because it is a data message.
18.-(1) In any legal proceedings, nothing in the rules of evidence shall apply so as to deny the admissibility of data message on ground that it is a data message. (2) In determining admissibility and evidential weight of a data message, the following shall be considered- (a) the reliability of the manner in which the data message was generated, stored or communicated; (b) the reliability of the manner in which the the data message was integrity of 10 Electronic Transactions Act [CAP. 442 R .E. 2022] maintained; (c) the manner in which its originator was identified; and (d) any other factor that may be relevant in assessing the weight of evidence. (3) The authenticity of an electronic records system in which an electronic record is recorded or stored shall, in the absence of evidence to the contrary, be presumed where- (a) there is evidence that supports a finding that at all material times the computer system or other similar device was operating properly or, if it was not, the fact of its not operating properly did not affect the integrity of an electronic record and there are no other reasonable grounds on which to doubt the authenticity of the electronic records system; (b) it is established that the electronic record was recorded or stored by a part to the proceedings who is adverse in interest to the part seeking to introduce it; or (c) it is established that an electronic record was recorded or stored in the usual and ordinary course of business by a person who is not a part to the proceedings and who did not record or store it under the control of the part seeking to introduce the record. (4) For purposes of determining whether an electronic record is admissible under this section, an evidence may be presented in respect of any set standard, procedure, usage or practice on how electronic records are to be recorded or stored, with regard to the type of business or endeavours that used, recorded or stored the electronic record and the nature and purpose of the electronic record. Attribution of electronic - 19
An electronic communication is treated as coming from the originator if it is sent by the originator, an authorised person, or an automatic computer system operated for the originator.
19. An electronic communication shall be treated to be from originator if it is sent by- 11 Electronic Transactions Act [CAP. 442 R .E. 2022] communication Production of original document in electronic form (a) the originator; (b) a person who is duly authorised by the originator to communicate in electronic form in respect of that data message; or (c) computer system programmed by or on to operate the originator behalf of automatically. - 20 Verify source ↗
Admissibility of data message
A written-law requirement to produce a document or information is satisfied if it is produced electronically and the information remains reliable, complete, and usable.
20.-(1) Where a written law requires a person that information, to produce a document or requirement is met if- the time (a) the person produces, by means of an electronic communication, an electronic form of that document or information; (b) considering all the relevant circumstances, at electronic that communication was sent, the method of generating the document provided a reliable means of assuring the maintenance of integrity of the information contained in the document; and the electronic form of an (c) at an the time electronic that communication is sent, it is reasonable to expect that an information contained in the document or information would be readily accessible so as to be usable for subsequent reference. (2) For the purposes of subsection (1), the integrity of the information contained in a document is maintained if the information has remained complete and unaltered, except for- (a) the addition of any endorsement; or (b) any immaterial change, which arises in the normal course of communication, storage or display. 12 Electronic Transactions Act [CAP. 442 R .E. 2022] PART V RECOGNITION OF ELECTRONIC CONTRACTS Recognition of electronic contracts Time of dispatch and receipt of electronic communication
Part
PART V
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A contract may be formed electronically, and using an electronic record cannot by itself make the contract invalid or unenforceable.
21.-(1) For avoidance of doubt, a contract may be formed electronically unless otherwise agreed by the parties. (2) Where an electronic record is used in the formation of a contract, that contract shall not be denied validity or enforceability on the ground that an electronic record was used for that purpose. in electronic form - 22
This section says when electronic information or communications are treated as dispatched, communicated, or received.
22.-(1) Information is dispatched when it enters a computer system outside the control of the originator or of the person who sent the the electronic communication on behalf of originator. the same computer system, (2) Where the originator and the addressee are in in electronic form is communicated when it is capable of being retrieved by the addressee. information (3) Where the addressee has designated a the purpose of receiving is information electronic the the designated computer computer system for communication, electronic received at communication enters system. that time when the (4) Where the electronic communication is sent to an information system of the addressee that is not the designated computer system, that information is communicated- (a) at time when electronic the communication is capable of being retrieved by the addressee at that address; and the (b) the addressee becomes aware that the electronic communication has been sent to that address. (5) Where the addressee has not designated an information system, receipt occurs when the electronic communication is retrieved by the addressee, or 13 Electronic Transactions Act [CAP. 442 R .E. 2022] Acknowledgement of receipt should reasonably have been retrieved by addressee. the - 23
An electronic communication can be acknowledged by the addressee in electronic form or by any act showing it was received; if no acknowledgment arrives, the originator may give notice and may then treat the communication as never sent.
23.-(1) Acknowledgement of receipt of an electronic communication may, where the originator has not agreed with the addressee on the form or method, be given by- (a) any electronic communication by addressee, automated or otherwise; or (b) any act of the addressee, sufficient to indicate to the originator that the electronic communication has been received. the (2) Where the originator has stipulated that an electronic communication shall be binding only on the receipt acknowledgment has not been received, the originator shall- acknowledgment, and an of reasonable (a) within the time specified or agreed or, if no time has been specified or agreed to, within a the originator may give notice to the addressee stating that no acknowledgment has been received by him and specifying reasonable time by which the acknowledgment shall be received by him; time, then (b) within the aforesaid time limit, he may after giving notice to the addressee, treat the electronic communication as though it has never been sent. the and - 24
Electronic communications are treated as dispatched and received at the parties’ places of business, unless the parties agree otherwise.
24.-(1) Unless otherwise agreed between the originator electronic addressee, communication is deemed to be dispatched at the place where the originator has its place of business and is deemed to be received at the place where the addressee has its place of business. an (2) Subsection (1) shall apply- (a) even if the originator or addressee was not at his usual place of business; and (b) to determine the place where a contract 14 Place of dispatch and receipt of electronic communication Electronic Transactions Act [CAP. 442 R .E. 2022] was concluded for the purposes of taxation. (3) For the purpose of subsection (1), if the originator or the addressee- (a) has more than one place of business, the to the the has place of business is- (i) that which closest underlying relationship the to transaction having regard circumstances or known contemplated by the parties at any time before or at the conclusion of the contract; or there is no underlying transaction, the principal place of business; (ii) where (b) does not have a place of business, the place of business shall be his habitual residence. (4) Where a body corporate does not have a place of business, the place of business shall be the business address of the body corporate or the place where legally constituted. incorporated or otherwise is it Time and place of contract formation (5) This section shall apply notwithstanding that a place where a computer system supporting an electronic address is located is different from the place where the electronic communication is deemed to be dispatched or received. - 25
Electronic contracts are formed when acceptance becomes effective, and an electronic offer becomes effective when it is received by the offeree.
25.-(1) Where parties conclude a contract electronically, that contract shall be formed at the time and place where acceptance of the offer becomes effective. (2) An offer in the form of an electronic communication becomes effective at the time it is received by the offeree. Contracts with interactive systems - 26
An interactive system must let a person correct input errors. If it does not, the person may withdraw the communication if the stated conditions are met, and a person who already paid may get a full refund within 30 days after cancellation.
26.-(1) A contract formed by the interaction of an interactive system and a person, or by interaction of interactive systems, shall not be denied legal effect, on the ground that no person reviewed each of the 15 Electronic Transactions Act [CAP. 442 R .E. 2022] individual actions carried out by the interactive systems. (2) An interactive system shall provide an opportunity for a person to correct an input error made in an electronic communication exchanged with the interactive system of another part. (3) Where a person makes an input error in an the electronic communication exchanged with interactive system of another part and an interactive system does not provide the person with an opportunity to correct the error, that person has the right to withdraw the electronic communication in which the input error was made if the person- (a) notifies the other part of the error as soon as practicable after having learned of the error and intends to cancel the contract or cancel the input error; (b) takes reasonable steps, to comply with instruction by the other part to return the goods or services received as a result of the error, or to destroy the goods or services, or to cancel the input error; and (c) has not used or received any material benefit or value from the goods or services, or the input error, from the other part. (4) A person who has paid for goods or services prior to exercising a right under subsection (1), is entitled to a full refund of such payment within thirty days upon cancellation of the transaction. law (5) Nothing in this section shall affect the application of any the consequences of any errors made during formation or performance of the type of contract in question other than an input error that occurs in the circumstances under subsection (3). that may govern Online auction - 27
For an online auction, the “fall of hammer” requirement is satisfied by the time an electronic communication is received when choosing the last bidder.
27. Where a written law requires a contract of sale by auction, the requirement of the fall of hammer is met in an online auction using the time at which an electronic communication was received as the time 16 Electronic Transactions Act [CAP. 442 R .E. 2022] limit as the means of selecting the last bidder. PART VI CONSUMER PROTECTION Duties of suppliers to online consumers
Part
PART VI
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A supplier selling, hiring, or exchanging goods or services electronically must give consumers specified information and let them review, correct, and withdraw before ordering.
28.-(1) A supplier offering goods or services for sale, hire or for exchange electronically, shall provide the following information to consumers- (a) full name, business; legal status and place of (b) contact details including physical address, telephone and e-mail addresses; (c) a full description of the goods or services offered; (d) the price of the goods or services; (e) information on the payment mechanism that complies with other written laws; and (f) any other relevant information. (2) Before a consumer place an order, the the consumer with an supplier shall provide opportunity to- (a) review the entire electronic transaction; (b) correct any mistake; and (c) withdraw from the transaction. (3) Where a supplier contravenes this section, the consumer may, within fourteen days of receiving the goods or services, cancel the transaction. - 29
The supplier must execute the order within 30 days, unless the parties agreed otherwise. If the supplier misses that time, the consumer may cancel the agreement with 7 days’ notice. If the goods or services are unavailable, the supplier must notify the consumer within 30 days and refund any payment made.
29.-(1) Unless the parties have agreed otherwise, the supplier shall execute the order within thirty days from the day on which the supplier received the order. (2) Where a supplier fails to execute the order the within time specified under subsection (1), consumer may cancel the agreement by giving a seven days notice. (3) Where a supplier is unable to perform the contract on the grounds that goods or services ordered are unavailable, the supplier shall, within thirty days, notify the consumer and the supplier shall refund any 17 Time for execution of order Electronic Transactions Act [CAP. 442 R .E. 2022] Cancellation right payment that has been made. - 30
A consumer may cancel certain goods or services agreements within the stated time, but must pay the direct return cost if they cancel; if they already paid, they are entitled to a refund within 30 days, subject to listed exceptions.
30.-(1) Without prejudice to any other law, a consumer may, within seven days or longer period specified in the agreement, after receiving the goods or conclusion of the agreement and the consumer has not received any material benefit from the transaction, cancel the agreement for supply of goods or provision of services. (2) Where a consumer has cancelled the agreement under subsection (1), he shall pay direct cost of returning the goods. (3) Where a consumer has paid for the goods or services prior to exercising a right under subsection (1), the consumer is entitled to a refund. (4) The refund under subsection (3) shall be made within thirty days after the date of cancellation of transaction. (5) This section shall not apply to electronic transactions- (a) for financial services; (b) by way of an auction; (c) for the supply of foodstuffs, beverages or daily intended goods for other consumption; (d) for services which began with the consent by the consumer before expiration of the seven-day period; (e) where the price for the supply of goods or services is dependent on fluctuations in the financial markets and which cannot be controlled by the supplier; (f) where the goods- (i) are made to the consumer's specifications; (ii) are clearly personalised; (iii) by their nature, cannot be returned; or (iv) are likely to deteriorate or expire rapidly; 18 Electronic Transactions Act [CAP. 442 R .E. 2022] (g) where audio or video recordings or computer software were downloaded or unsealed by the consumer; (h) for the sale of newspapers, periodicals, magazines and books; (i) for the provision of gaming and lottery services; (j) for online gambling; (k) for the provision of accommodation, transport, catering; and (l) any other transactions as the Minister may, the Gazette, in by notice published prescribe. (6) For the purpose of this section “direct costs” means, costs incurred and include transport costs or postage when returning goods or services but exclude any handling fees. Particulars to be provided in electronic communication - 31
A person who offers goods or services electronically must give the addressee the originator’s identity and contact details, a working opt-out facility, and the source of the addressee’s information.
31. A person who offers goods or services electronically shall provide the addressee with- (a) an identity of the originator and contact details; (b) a valid and operational opt-out facility from receiving similar communications in future; and (c) the particulars of the source from which the personal the originator obtained information of the addressee. Unsolicited goods, services or communications - 32 Verify source ↗
PART V
A person must not send unsolicited commercial messages about goods or services unless consent is obtained, the sender and purpose are disclosed at the start, and an opt-out is offered.
32.-(1) A person shall not send unsolicited commercial communication on goods or service unless- (a) the consumer communication; consents to the (b) at the beginning of the communication, the communication discloses the identity of sender and its purpose; and (c) that communication gives an opt-out option to reject further communication. (2) The consent requirement is deemed to 19 Electronic Transactions Act [CAP. 442 R .E. 2022] have been met where- (a) the contact of the addressee and other personal information were collected by the originator of the message in the course of a sale or negotiations for a sale; (b) the originator only sends promotional messages relating to its similar products and services to the addressee; (c) the originator offered the addressee the opportunity to opt-out and the addressee declined to opt-out; and (d) an opportunity to opt-out is provided by the originator to the addressee with every subsequent message. (3) An originator who contravenes this section commits an offence and shall, upon conviction, be liable to a fine of not less than ten million shillings or to imprisonment for a term not less than one year or to both. PART VII CRYPTOGRAPHIC AND CERTIFICATION SERVICE PROVIDERS Cryptographic and certification services Functions of regulator
Part
PART VII
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The Minister may, by notice in the Gazette, designate a government institution under the Ministry Information and Communication Technology as the regulator of Cryptographic and Certification Services.
33. The Minister may, by notice published in the Gazette, designate a government institution under the Ministry Information and Communication Technology to be a regulator of Cryptographic and Certification Services. responsible for - 34
The regulator has functions to licence and regulate cryptographic and certification services.
34. The functions of the regulator shall be to- (a) licence and regulate cryptographic and certification services; security (b) prescribe standards for cryptography and electronic signatures; (c) determine standards to be maintained by (d) keep certification authorities; and maintain of cryptographic and certification service providers; and register a 20 Electronic Transactions Act [CAP. 442 R .E. 2022] (e) do such other things necessary for the implementation of this Part. Application for registration Prohibition to provide cryptogra- phic or certification services - 35
A person intending to offer cryptographic or certification services must apply to the regulator.
35.-(1) A person who to offer cryptographic or certification services shall apply to the regulator. intends (2) The application made under subsection (1) shall consist of the following information- (a) name and contact, including the physical address, telephone and e-mail; (b) a description of the type of service to be provided; (c) a description of the purpose to which the service will be applied; (d) a description of the technology to be applied in the services; and (e) any other relevant particulars as may be prescribed by the regulator. - 36 Verify source ↗
Cryptographic and certification services
A person must not provide cryptographic or certification services without a licence.
36.-(1) A provide cryptographic or certification services without a licence. person shall not (2) A person who contravenes subsection (1) commits an offence and shall, upon conviction be liable to a fine of not not less than ten million shillings or to imprisonment for a term not less than five years or to both. PART VIII GENERAL PROVISIONS Powers to make regulations
Part
PART VIII
- 37 Verify source ↗
Powers to make regulations
The Minister may make regulations for matters this Act says must be prescribed or that are needed to give effect to the Act.
37. The Minister may make regulations generally for or with respect to any matter which by this Act is required to be prescribed or which is necessary for giving effect to this Act. Omitted PART IX CONSEQUENTIAL AMENDMENTS [Section 38 to 50 Omitted.] ________________________________ 21
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