Tanzania Act or statute

Parliament of Tanzania

The Electronic Transactions Act, 2015

acknowledgementacknowledgement of receiptadmissibilityadmissibility of electronic recordsattribution of electronic communicationsauthenticationauthenticity of electronic records systemscancellationcancellation rightcertification servicescertified copiescomputer systemsconsumer informationcontract formationcryptographic servicesdatadigital communicationsdigital recordsdigital transactionsdispatch and receipt timingdocument deliverydocument form requirementsdocument productionelectronic communicationelectronic communicationselectronic contractingelectronic paymentselectronic receiptselectronic recordselectronic signatureelectronic signatureselectronic transactionsevidenceevidential weightinformation integrityinput error correctionBusiness registrationmarketing communicationsnotarisationoathonline auctionsonline contractingonline salesonline transactionsopt-out consentopt-out facilityorder fulfillmentpersonal informationrecord keepingrefundsregister maintenanceregulatory complianceregulatory designationreturn costssecurity standardsservice registrationTax lawterritorial scopetransaction validityunwanted messagesverification

Jurisdiction: Tanzania
Structure: 35 provisions
Citation: The Electronic Transactions Act
Official identity: Year 2015
Dates: Enacted 2015

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Official identity: Year 2015
Dates: Enacted 2015

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Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“This section says the Act may be cited as the Electronic Transactions Act.”

This section says the Act may be cited as the Electronic Transactions Act. This Act applies to Mainland Tanzania and Tanzania Zanzibar, except Part III. This section defines key terms used in the Act. A data message cannot be denied legal effect, validity, or enforceability just because it is in electronic form. An information or transaction in electronic form can satisfy a legal requirement for a prescribed non-electronic form or writing if it is formatted similarly, accessible for later reference, and capable of being retained.

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Short title

This section says the Act may be cited as the Electronic Transactions Act.

Section 1

Notarisation, acknowledgement and certification

An electronic signature attached to or linked with an electronic signature or data message can satisfy a notarisation, acknowledgement, verification, or oath requirement, and a certified print-out can satisfy a certified-copy requirement for an electronic…

Section 10

Recognition of electronic contracts

Electronic contracts are allowed, unless the parties agree otherwise, and using an electronic record cannot by itself make a contract invalid or unenforceable.

Section 22

Cancellation right

A consumer may cancel a goods or services agreement within seven days (or a longer agreed period) if the consumer has not received any material benefit, and must pay the direct return cost if the agreement is cancelled.

Section 31

51. [Omitted.]

39.–51. [Omitted.] [s. 38–50] 493 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book

Section 39

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Source record from oagmis.oag.go.tz · Enacted 2015

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Showing 35 of 35 provisions

Provision 28Repeal 2Offence 2Short title

§ 1Short titleShort title

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

Section 1Verify source

§ 2ApplicationInterpretation

This Act applies to Mainland Tanzania and Tanzania Zanzibar, except Part III.

2. Save for Part III, this Act shall apply to Mainland Tanzania as well as Tanzania Zanzibar. Interpretation

Section 2Verify source

§ 3InterpretationAmendment

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; “addressee” means a person or part who is intended by the originator to receive an electronic communication, but does not include a part acting as an intermediary in respect of that electronic communication; 1 The long title is amended by Act No. 10 of 2019 under section 63. 477 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023] “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; “cryptography” means the art of protecting information by transforming it into an unreadable format; “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, photoelectronic, photo-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 in the electronic communication and which is attached to or logically associated with such electronic communication; “electronic transaction” means a transaction, action or set of transactions of a commercial or non-commercial nature, that takes place electronically; “interactive message system” means an automated system, or other pre-programmed system, used to, initiate an action, respond to electronic communications, or generate other 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; 478 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023] “Minister” means the Minister responsible for information and communication technology; “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

Section 3Verify source

Part

PART II

§ 4Recognition of data messageProvision

A data message cannot be denied legal effect, validity, or enforceability just because it is in electronic form.

4. A data message shall not be denied legal effect, validity or enforceability on the ground that it is in electronic format. Validity of transaction in electronic form Electronic signature

Section 4Verify source

§ 5Validity of transaction in electronic formProvision

An information or transaction in electronic form can satisfy a legal requirement for a prescribed non-electronic form or writing if it is formatted similarly, accessible for later reference, and capable of being retained.

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 form; (b) accessible to the other person for subsequent reference; and (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.

Section 5Verify source

§ 6Electronic signatureProvision

A required signature may be satisfied by a secure electronic signature if it identifies the person, shows that person’s intention, and is reliable and appropriate when used.

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- (a) the method is used to identify the person and to indicate the intention of that person in relation with information communicated; and 479 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023] (b) at the time the method was used, that method was reliable and appropriate for 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

Section 6Verify source

§ 7Secure electronic signatureProvision

An electronic signature is treated as secure if it meets five conditions: it is unique, identifies the signer, is created and affixed by the signer, is under the signer’s control, and reveals changes to the electronic communication.

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 electronic communication would be revealed. Application of secure electronic signature

Section 7Verify source

§ 8Application of secure electronic signatureProvision

A secure electronic signature is treated as applied when its holder applies it and affixes it with the intention of signing or approving the electronic 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 signing or approving the electronic communication. Electronic record keeping

Section 8Verify source

§ 9Electronic record keepingProvision

A written-law retention requirement is satisfied by electronic record keeping if the record is electronic, kept in a reliable format, and preserves origin/destination and timing details; transient message-enablement information is excluded.

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 480 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023] Notarisation, acknowledgement and certification Other requirements 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.

Section 9Verify source

§ 10Notarisation, acknowledgement and certificationProvision

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 deemed to be met if the electronic signature of the person authorised to perform those acts is attached to, 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.

Section 10Verify source

§ 11Other requirementsProvision

This section says electronic communication can satisfy certain written-law requirements for copies, seals and signatures, sending information or documents, and similar terms may include electronic forms unless this Act provides otherwise.

11.–(1) Where the law requires- (a) submission of multiple copies of a document to a single addressee at the same time, that requirement is met by submission of a single electronic communication that is capable of being reproduced by that addressee; (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 is sealed and signed 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 shall be met if that information or document is sent in an electronic form. (2) An expression in a written law, including the terms “document”, “record”, “file”, “submit”, “lodge”, “deliver”, “issue”, 481 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023] “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 in relation to an electronic communication unless it is otherwise provided for in this Act. Conduct of person relying on electronic signature

Section 11Verify source

§ 12Conduct of person relying on electronic signatureProvision

A person relying on an electronic signature must take reasonable steps to verify the signature’s authenticity or the validity and limits of any supporting certificate.

12. A person who relies on an electronic signature shall bear the legal consequence of failure to take reasonable steps to verify the- Payment of money and issuance of receipt in electronic form Act No. 10 of 2019 s. 64 (a) authenticity of an 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.

Section 12Verify source

§ 13Payment of money and issuance of receipt in electronic formRepeal

If the law requires payment or a receipt, an electronic payment or an electronic receipt can satisfy that requirement if the stated conditions are met.

13. 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 electronic message is accessible and intelligible so as to be usable for subsequent reference. [s. 12A] Repealed

Section 13Verify source

§ 1418. [Repealed by Act No. 10 of 2019 s. 65.]Repeal

Sections 14–18 are marked as repealed.

14.–18. [Repealed by Act No. 10 of 2019 s. 65.] PART III [ss. 13–17] PART IV ADMISSIBILITY AND EVIDENTIAL WEIGHT OF DATA MESSAGES Admissibility of data message Act No. 11 of 2023 s. 30

Section 14Verify source

Part

PART IV

§ 19Admissibility of data messageProvision

In legal proceedings, a data message cannot be denied admissibility just because it is a data message.

19.–(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. 482 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023] (2) In determining 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 integrity of the data message was 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. [s. 18] 483 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023] Attribution of electronic communication Production of original document in electronic form

Section 19Verify source

Part

part seeking to introduce the record.

§ 20Attribution of electronic communicationProvision

An electronic communication is treated as coming from the originator if the originator sent it, someone authorised by the originator sent it, or a computer system programmed by or for the originator sent it automatically.

20. An electronic communication shall be treated to be from originator if it is sent by- (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 behalf of the originator to operate automatically. [s. 19]

Section 20Verify source

§ 21Production of original document in electronic formProvision

A written-law requirement to produce a document or information is satisfied if it is produced electronically and the electronic version preserves integrity and can be readily accessed later.

21.–(1) Where a written law requires a person to produce a document or information, that requirement is met if- (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 the time that an electronic communication was sent, the method of generating the electronic form of the document provided a reliable means of assuring the maintenance of integrity of the information contained in the document; and (c) at the time that an electronic 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 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. [s. 20] 484 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023] Recognition of electronic contracts Time of dispatch and receipt of electronic communication PART V RECOGNITION OF ELECTRONIC CONTRACTS

Section 21Verify source

Part

PART V

§ 22Recognition of electronic contractsProvision

Electronic contracts are allowed, unless the parties agree otherwise, and using an electronic record cannot by itself make a contract invalid or unenforceable.

22.–(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. [s. 21]

Section 22Verify source

§ 23Time of dispatch and receipt of electronic communicationProvision

This section says when electronic information is treated as dispatched, communicated, or received.

23.–(1) Information in electronic form is dispatched when it enters a computer system outside the control of the originator or of the person who sent the electronic communication on behalf of the originator. (2) Where the originator and the addressee are in the same computer system, information in electronic form is communicated when it is capable of being retrieved by the addressee. (3) Where the addressee has designated a computer system for the purpose of receiving electronic communication, that information is received at the time when the electronic communication enters the designated computer system. (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 the time when the electronic communication is capable of being retrieved by the addressee at that address; and (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 should reasonably have been retrieved by the addressee. [s. 22] 485 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023] Acknowledgement of receipt

Section 23Verify source

§ 24Acknowledgement of receiptProvision

This section says an acknowledgment of receipt for an electronic communication may be given by the addressee through an electronic communication or another act showing receipt. If the originator requires acknowledgment before the communication is binding and no acknowledgment arrives, the originator may notify the addressee and may then treat the communication as never sent.

24.–(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 the addressee, automated or otherwise; or (b) any act of the addressee, sufficient to indicate to the originator that the electronic communication has been received. (2) Where the originator has stipulated that an electronic communication shall be binding only on receipt of an acknowledgment, and the acknowledgment has not been received, the originator shall- (a) within the time specified or agreed or, if no time has been specified or agreed to, within a reasonable time, then 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; (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. [s. 23]

Section 24Verify source

§ 25Place of dispatch and receipt of electronic communicationProvision

This section says when an electronic communication is treated as sent and received, based on the originator’s and addressee’s places of business unless they agree otherwise.

25.–(1) Unless otherwise agreed between the originator and the addressee, an electronic 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. (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 was concluded for the purposes of taxation. Place of dispatch and receipt of electronic communication 486 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023] (3) For the purpose of subsection (1), if the originator or the addressee- (a) has more than one place of business, the place of business is- (i) that which has the closest relationship to the underlying transaction having regard to the circumstances known or contemplated by the parties at any time before or at the conclusion of the contract; or (ii) where there is no underlying transaction, the principal place of business; (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 it is incorporated or otherwise legally constituted. (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. [s. 24] Time and place of contract formation

Section 25Verify source

§ 26Time and place of contract formationProvision

For electronic contracts, the contract is formed when acceptance becomes effective; an electronic offer becomes effective when received by the offeree.

26.–(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. [s. 25] Contracts with interactive systems

Section 26Verify source

§ 27Contracts with interactive systemsProvision

Interactive systems must let a person correct input errors; if no correction chance is given, the person may withdraw the communication if listed conditions are met, and a qualifying payer is entitled to a full refund within 30 days after cancellation.

27.–(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 individual actions carried out by the interactive systems. 487 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023] (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 electronic communication exchanged with the 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. (5) This section shall not affect the application of any law that may govern 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). [s. 26]

Section 27Verify source

§ 28Online auctionProvision

In an online auction, the “fall of hammer” requirement is satisfied by using the time an electronic communication is received to choose the last bidder.

28. 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 limit as the means of selecting the last bidder. [s. 27] 488 Online auction ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023] PART VI CONSUMER PROTECTION Duties of suppliers to online consumers

Section 28Verify source

Part

PART VI

§ 29Duties of suppliers to online consumersProvision

Suppliers selling, hiring, or exchanging goods or services electronically must give consumers specified information and let them review, correct, or withdraw from the transaction before ordering.

29.–(1) A supplier offering goods or services for sale, hire or for exchange electronically, shall provide the following information to consumers: (a) full name, legal status and place of business; (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 places an order, the supplier shall provide the consumer with an 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. [s. 28]

Section 29Verify source

§ 30Time for execution of orderProvision

The supplier must execute the order within 30 days unless the parties agreed otherwise. If the supplier misses that deadline, the consumer may cancel the agreement on 7 days’ notice. If the goods or services are unavailable, the supplier must notify the consumer within 30 days and refund any payment made.

30.–(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 within time specified under subsection (1), the 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 payment that has been made. [s. 29] 489 Time for execution of order ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023] Cancellation right

Section 30Verify source

§ 31Cancellation rightProvision

31.–(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 other goods intended for daily 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; (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 490 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023] (l) any other transactions as the Minister may, by notice published in the Gazette, 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. [s. 30] Particulars to be provided in electronic communication

Section 31Verify source

§ 32Particulars to be provided in electronic communicationProvision

If a person offers goods or services electronically, they must give the recipient the originator’s identity and contact details, a working opt-out facility, and the source of the recipient’s personal information.

32. 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 Unsolicited goods, services or communications similar communications in future; and (c) the particulars of the source from which the originator obtained the personal information of the addressee. [s. 31]

Section 32Verify source

§ 33Unsolicited goods, services or communicationsOffence

A person must not send unsolicited commercial communications about goods or services unless the consumer consents, the message identifies the sender and purpose, and it includes an opt-out option.

33.–(1) A person shall not send unsolicited commercial communication on goods or service unless- the beginning of (a) the consumer consents to the communication; (b) at the communication discloses the identity of sender and its purpose; and the communication, (c) that communication gives an opt-out option to reject further communication. (2) The consent requirement is deemed to 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. 491 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023] (3) An originator who contravenes this section commits an offence and on conviction, shall 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. [s. 32] PART VII CRYPTOGRAPHIC AND CERTIFICATION SERVICE PROVIDERS Cryptographic and certification services

Section 33Verify source

Part

PART VII

§ 34Cryptographic and certification servicesProvision

The Minister may publish a Gazette notice to designate a government institution under the ICT Ministry as the regulator of cryptographic and certification services.

34. The Minister may, by notice published in the Gazette, designate a government institution under the Ministry responsible for Information and Communication Technology to be a regulator of Cryptographic and Certification Services. [s. 33] Functions of regulator

Section 34Verify source

§ 35Functions of regulatorProvision

The regulator may license and regulate cryptographic and certification services and set related security and certification standards.

35. The functions of the regulator shall be to- (a) license and regulate cryptographic and certification services; (b) prescribe security standards for cryptography and electronic signatures; (c) determine standards to be maintained by certification authorities; (d) keep and maintain a register of cryptographic and certification service providers; and (e) do such other things necessary for the implementation of this Part. [s. 34] Application for registration

Section 35Verify source

§ 36Application for registrationProvision

Anyone who wants to offer cryptographic or certification services must apply to the regulator.

36.–(1) A person who intends to offer cryptographic or certification services shall apply to the regulator. (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; 492 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023] (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. [s. 35] Prohibition to provide cryptographic or certification services

Section 36Verify source

§ 37Prohibition to provide cryptographic or certification servicesOffence

A person must not provide cryptographic or certification services without a licence.

37.–(1) A person shall not provide cryptographic or certification services without a licence. (2) A person who contravenes subsection (1) commits an offence and on conviction, shall 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. [s. 36] PART VIII GENERAL PROVISIONS Powers to make regulations

Section 37Verify source

Part

PART VIII

§ 38Powers to make regulationsProvision

The Minister may make regulations for matters the Act says must be prescribed or that are needed to give effect to the Act.

38. 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. [s. 37] PART IX CONSEQUENTIAL AMENDMENTS Omitted

Section 38Verify source

Part

PART IX

§ 3951. [Omitted.]Provision

Section 39Verify source

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The Electronic Transactions Act, 2015

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