The Electronic Transactions Act

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CHAPTER 442
THE ELECTRONIC TRANSACTIONS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Application.
3. Interpretation.
part ii
RECOGNITION AND EFFECTS OF ELECTRONIC TRANSACTIONS
4. Recognition of data message.
5. Validity of transaction in electronic form.
6. Electronic signature.
7. Secure electronic signature.
8. Application of secure electronic signature.
9. Electronic record keeping.
10. Notarisation, acknowledgement and certification.
11. Other requirements.
12. Conduct of person relying on electronic signature.
13. Payment of money and issuance of receipt in electronic form.
part iii
14–18. Repealed.
part iv
ADMISSIBILITY AND EVIDENTIAL WEIGHT OF DATA MESSAGES
19. Admissibility of data message.
20. Attribution of electronic communication.
21. Production of original document in electronic form.

DATA MESSAGES
19. Admissibility of data message.
20. Attribution of electronic communication.
21. Production of original document in electronic form.

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476
part v
RECOGNITION OF ELECTRONIC CONTRACTS
22. Recognition of electronic contracts.
23. Time of dispatch and receipt of electronic communication.
24. Acknowledgement of receipt.
25. Place of dispatch and receipt of electronic communication.
26. Time and place of contract formation.
27. Contracts with interactive systems.
28. Online auction.
part vi
CONSUMER PROTECTION
29. Duties of suppliers to online consumers.
30. Time for execution of order.
31. Cancellation right.
32. Particulars to be provided in electronic communication.
33. Unsolicited goods, services or communications.
part vii
CRYPTOGRAPHIC AND CERTIFICATION SERVICE PROVIDERS
34. Cryptographic and certification services.
35. Functions of regulator.
36. Application for registration.
37. Prohibition to provide cryptographic or certification services.
part viii
GENERAL PROVISIONS
38. Powers to make regulations.
part ix
CONSEQUENTIAL AMENDMENTS
39–51. Omitted.

cryptographic or certification services.
part viii
GENERAL PROVISIONS
38. Powers to make regulations.
part ix
CONSEQUENTIAL AMENDMENTS
39–51. Omitted.

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Electronic Transactions Act. 2. Save for Part III, this Act shall apply to Mainland Tanzania
as well as Tanzania Zanzibar. 3.

Act may be cited as the Electronic Transactions Act. 2. Save for Part III, this Act shall apply to Mainland Tanzania
as well as Tanzania Zanzibar. 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;
Short title
Application
Interpretation
CHAPTER 442
THE ELECTRONIC TRANSACTIONS ACT
An Act to provide for the legal recognition of electronic transactions,
the use of information and communication technologies in collection
of evidence, admissibility of electronic evidence, to provide for the
facilitation of use of secure electronic signatures; and to provide for
other related matters.1
[1st September, 2015]
[GN. No. 329 of 2015]
Acts Nos. 13 of 2015
10 of 2019
11 of 2023
1 The long title is amended by Act No. 10 of 2019 under section 63.

September, 2015]
[GN. No. 329 of 2015]
Acts Nos. 13 of 2015
10 of 2019
11 of 2023
1 The long title is amended by Act No. 10 of 2019 under section 63.

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a. 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]
478
“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;

r
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;

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

s
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. 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
Recognition of
data message
Validity of
transaction in
electronic form
Electronic
signature

that person in relation with
information communicated; and
Recognition of
data message
Validity of
transaction in
electronic form
Electronic
signature

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480
(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. 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. 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.

the holder of the secure electronic signature;
and
(b) affixed by the holder with the intention of signing or
approving the electronic communication.

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
Secure electronic
signature
Application of
secure electronic
signature
Electronic record
keeping

bles the identification of the origin and destination
Secure electronic
signature
Application of
secure electronic
signature
Electronic record
keeping

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THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023]
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. 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.

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.–(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”,
Notarisation,
acknowledgement
and certification
Other
requirements

ding the terms
“document”, “record”, “file”, “submit”, “lodge”, “deliver”, “issue”,
Notarisation,
acknowledgement
and certification
Other
requirements

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482
“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. 12. A person who relies on an electronic signature shall bear
the legal consequence of failure to take reasonable steps to
verify the-
(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. 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.

ipt 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]
PART III
14.–18. [Repealed by Act No. 10 of 2019 s. 65.]
[ss. 13–17]
PART IV
ADMISSIBILITY AND EVIDENTIAL
WEIGHT OF DATA MESSAGES
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. Conduct of
person relying
on electronic
signature
Payment of
money and
issuance of
receipt in
electronic form
Act No. 10 of 2019 s. 64
Repealed
Admissibility of
data message
Act No. 11 of 2023 s. 30

e
Payment of
money and
issuance of
receipt in
electronic form
Act No. 10 of 2019 s. 64
Repealed
Admissibility of
data message
Act No. 11 of 2023 s. 30

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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.

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.

ess
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]

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]

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484
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.

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]
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]
Attribution
of electronic
communication
Production
of original
document in
electronic form

normal
course of communication, storage or display. [s. 20]
Attribution
of electronic
communication
Production
of original
document in
electronic form

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THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023]
PART V
RECOGNITION OF ELECTRONIC CONTRACTS
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]
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.

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]
Recognition
of electronic
contracts
Time of dispatch
and receipt
of electronic
communication

reasonably have been
retrieved by the addressee. [s. 22]
Recognition
of electronic
contracts
Time of dispatch
and receipt
of electronic
communication

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486
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.

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]
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.

nator 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.

Acknowledgement
of receipt
Place of dispatch
and receipt
of electronic
communication

Acknowledgement
of receipt
Place of dispatch
and receipt
of electronic
communication

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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.

supporting an electronic address
is located is different from the place where the electronic
communication is deemed to be dispatched or received. [s.

24]
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]
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. Time and place
of contract
formation
Contracts with
interactive
systems

eviewed each of the individual actions carried out by the
interactive systems. Time and place
of contract
formation
Contracts with
interactive
systems

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488
(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.

ovide 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.

rior 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]
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]
Online auction

n using the time at which an electronic communication
was received as the time limit as the means of selecting the last
bidder. [s. 27]
Online auction

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THE ELECTRONIC TRANSACTIONS ACT [CAP. 442 R.E. 2023]
PART VI
CONSUMER PROTECTION
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.

(3) Where a supplier contravenes this section, the consumer
may, within fourteen days of receiving the goods or services,
cancel the transaction. [s.

28]
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]
Duties of
suppliers to
online consumers
Time for
execution of
order

the consumer and the
supplier shall refund any payment that has been made. [s. 29]
Duties of
suppliers to
online consumers
Time for
execution of
order

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490
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.

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
Cancellation right

provision of gaming and lottery services;
(j) for online gambling;
(k) for the provision of accommodation, transport,
catering; and
Cancellation right

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.491
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]
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
similar communications in future; and
(c) the particulars of the source from which the originator
obtained the personal information of the addressee. [s. 31]
33.–(1) A person shall not send unsolicited commercial
communication on goods or service unless-
(a) the consumer consents to the communication;
(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.

he
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 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. Particulars to
be provided
in electronic
communication
Unsolicited
goods, services or
communications

r
to the addressee with every subsequent message. Particulars to
be provided
in electronic
communication
Unsolicited
goods, services or
communications

©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]
492
(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
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]
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.

ntain a register of cryptographic and
certification service providers; and
(e) do such other things necessary for the implementation
of this Part. [s.

34]
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;
Cryptographic
and certification
services
Functions of
regulator
Application for
registration

(b) a description of the type of service to be provided;
Cryptographic
and certification
services
Functions of
regulator
Application for
registration

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.493
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]
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
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
39.–51. [Omitted.]
[s. 38–50]
Prohibition
to provide
cryptographic
or certification
services
Powers to make
regulations
Omitted

NSEQUENTIAL AMENDMENTS
39.–51. [Omitted.]
[s. 38–50]
Prohibition
to provide
cryptographic
or certification
services
Powers to make
regulations
Omitted

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.