MERGERS AND ACQUISITIONS IN TANZANIA

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Mergers and Acquisitions (M&A) have become increasingly common in Tanzania as companies seek to expand their market presence, increase resources, and secure capital. These transactions can revitalize businesses, making them more efficient and competitive.

This article provides a general overview of the legal analysis and procedures governing mergers and acquisitions in Tanzania.

LEGAL ANALYSIS

Mergers and acquisitions in Tanzania are primarily regulated by the following laws:

  1. The Fair Competition Act No. 8 of 2003 (“the Competition Act”);
  2. The Competition Rules of 2018 (“the Competition Rules”); and
  3. The Fair Competition (Threshold for Notification of a Merger) Order, 2006, as amended by the Fair Competition (Threshold for Notification of a Merger) (Amendment) Order, 2017 (the Competition Threshold Order).

It is important to note that competition law in Tanzania operates alongside sector-specific regulatory frameworks.

REGULATORY AUTHORITY

The Fair Competition Commission (FCC) is the primary regulatory body responsible for overseeing mergers and acquisitions in Tanzania. It was established under Section 62(1) of the Competition Act and is tasked with ensuring compliance with competition laws and protecting market integrity.

UNDERSTANDING MERGERS AND ACQUISITIONS

Definition of Key Terms

Under the Fair Competition Act, a merger is defined as the acquisition of shares, a business, or other assets—whether within or outside Tanzania—that results in a change of control over a business or its assets in Tanzania.

An acquisition, in relation to shares or assets, refers to obtaining any legal or equitable interest in those shares or assets, either individually or jointly. However, acquisitions made solely through a charge (e.g., as security for a loan) are excluded from this definition. Notably, the law considers an acquisition as a form of merger.

CHANGE OF CONTROL

A key element of a merger is the change of control. Although the Competition Act does not provide a specific definition, Tanzanian case law has clarified that change of control involves:

  • Material influence: The ability of the acquiring firm to significantly affect the business policy and operations of the target company.
  • Decisive influence: The power to determine the strategic direction of the company, which may arise through ownership of assets, shares, or voting rights.

MERGER NOTIFICATION REQUIREMENTS

Threshold for Notification

Mergers must be notified to the FCC if they meet the financial threshold outlined in Section 11(2) of the Competition Act. The current threshold, as specified by the Competition Threshold Order, is Tanzanian Shillings Three Billion Five Hundred Million (TZS 3,500,000,000).

The threshold calculation is based on the combined market value of the assets or turnover of the merging entities. This means that even acquisitions involving non-controlling minority shares require notification if the threshold is met.

Notification Procedure

The notification process is governed by the Fair Competition Act and Competition Rules and involves the following steps:

  1. Filing a Notification: Submit a formal notification of the proposed merger to the FCC.
  2. Review of Filing: Within 5 days, the FCC will confirm whether the filing is complete or incomplete.
  3. Initial Assessment: If the filing is complete, the FCC has 14 days to determine whether the merger requires further examination. If no further review is needed, the merger is deemed approved.
  4. In-Depth Investigation: If further examination is required, the FCC may prohibit the transaction for up to 90 days, extendable by an additional 30 days.
  5. Final Decision: Upon completing its investigation, the FCC may:
  • Approve the merger;
  • Approve with conditions; or
  • Prohibit the merger.

Prohibition of a Merger

A merger may be prohibited if it creates or strengthens a position of dominance in the market, as outlined in Section 11(1) of the Fair Competition Act.

A position of dominance is defined as the ability of a company to:

  • Profitably and significantly restrain or reduce competition for a substantial period; and
  • Hold more than 35% of the relevant market share.

Filing Fees

The fees for filing a merger notification are based on the combined annual turnover or asset value of the merging parties, using the most recent audited financial statements. The fees range from Tanzanian Shillings Twenty-Five Million (TZS 25,000,000) to Tanzanian Shillings One Hundred Million (TZS 100,000,000), depending on the size of the transaction.

PENALTIES FOR NON-COMPLIANCE

Failure to comply with the Competition Act can result in severe penalties. The FCC may impose a fine of between 5% and 10% of the annual turnover derived from Mainland Tanzania.

If the offending party is a corporate entity, its directors, managers, or officers may also be held personally liable unless they can prove they were unaware of the violation or took all reasonable measures to prevent it.

CONCLUSION

Tanzania’s legal framework for mergers and acquisitions is comprehensive and mandates strict compliance with notification and approval procedures. Companies considering a merger or acquisition must ensure they meet the legal requirements to avoid substantial fines and legal repercussions. Adhering to the Fair Competition Act and related regulations is essential for a smooth and legally sound transaction.

Further Information:

This editorial is intended to give you a general overview of the Law. If you would like further information and clarification on any issue raised in this editorial, please contact.

Patrick Sanga
Partner
E: p.sanga@vemmaattorneys.co.tz

Bernard Nkwabi
Senior Associate
E: b.nkwabi@vemmaattorneys.co.tz

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A BILL ON OWNERSHIP OF LAND BY DIASPORA

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Introduction

On June 26, 2024, Tanzania’s Attorney General published the Written Laws (Miscellaneous Amendments) (No. 2) Act, 2024, proposing significant changes to the Land Act and Immigration Act. These amendments aim to allow Tanzanian diaspora to own land in Tanzania, marking a historic shift in the country’s land ownership policies.

Despite these proposed changes, the National Assembly removed the amendments concerning diaspora land ownership when passing the Bill on 3rd September 2024. On 8th November 2024, the Written Laws (Miscellaneous Amendments) (No.4) Bill, 2024 (the November Bill) was tabled before Parliament for its first reading. This Bill reintroduces the previously removed amendments and introduces additional provisions, particularly concerning land ownership for the Tanzanian diaspora.

The amendments to the Land Act and the Immigration Act, aims at granting Tanzanian non-citizen diaspora special immigration status, which would, in turn, allow them to occupy land through a special derivative right issued by the Commissioner for Lands.

Current Land Ownership Restrictions

Historically, land ownership in Tanzania has been restricted to Tanzanian citizens. Non-citizens could only acquire land through derivative rights granted by the Tanzania Investment Centre (TIC) or Export Processing Zones Authority (EPZA), primarily for investment purposes. This policy has posed significant barriers to foreign investors of Tanzanian origin and limited their ability to invest and live in Tanzania.

Proposed Changes on the Land Act

The Bill introduces the concept of “Special Derivative Right,” allowing Tanzanian diaspora to own land directly without going through TIC or EPZA. This right includes leases, subleases, licenses, usufructuary rights, and analogous interests. The amendments to sections 2 and 19 of the Land Act redefine land ownership possibilities for the diaspora, addressing their long-standing demands for direct land ownership.

Eligibility for Diaspora Land Ownership

To qualify for land ownership under the new Bill, individuals must hold a Diaspora Tanzanite Card, which grants special status to Tanzanian non-citizen diaspora. This status is available to former citizens of Tanzania or their descendants, provided they observe national ethos, traditions, customs, and cultural values1. The card also requires holders to have a valid passport, be of good moral turpitude, and comply with other prescribed regulations.

Objectives of the Proposed Bill

Impact on Investment and Development

The proposed amendments are expected to boost investment and development in Tanzania by enabling the diaspora to contribute more significantly to the economy. By removing the stringent requirements previously imposed by TIC and EPZA, the Bill opens up new opportunities for Tanzanian-origin investors to engage in various economic activities, including real estate, agriculture, and tourism.

Strengthening Economic ties

The Bill helps bridge the gap between Tanzania and its diaspora, fostering stronger economic and social connections. Diaspora members can contribute to the country’s development while maintaining their cultural and familial ties.

Simplified Land Ownership Process

Previously, non-citizens had to go through the Tanzania Investment Centre (TIC) or Export Processing Zones Authority (EPZA) to acquire land. The Bill simplifies this process, making it easier for diaspora members to invest in Tanzania.

Enhanced Property Rights

The introduction of the “Special Derivative Right” allows diaspora members to have more secure and direct property rights, including leases, subleases, licenses, and usufructuary rights.

Boosting Real Estate Market

With more diaspora members able to purchase land, the real estate market in Tanzania is likely to experience growth, leading to increased property values and development projects.

Cultural and Social Integration

The Diaspora Tanzanite Card grants special status to diaspora members, encouraging them to observe national ethos, traditions, customs, and cultural values. This promotes cultural integration and strengthens national identity.

Challenges and Considerations

While the Bill presents numerous benefits, it also poses challenges. Ensuring that the diaspora adheres to national values and regulations is crucial to maintaining social harmony and preventing misuse of land. Additionally, the implementation of the Diaspora Tanzanite Card and the management of special derivative rights will require robust administrative frameworks.

Conclusion

The Diaspora Land Bill represents a transformative step in Tanzania’s land ownership policies. By granting Tanzanian diaspora the right to own land, the country is poised to benefit from increased investment and development. As the Bill progresses through the legislative process, it will be essential to address potential challenges and ensure that the new policies are effectively implemented to achieve their intended goal. The reintroduction of the Diaspora Land Bill through the November Bill demonstrates the government’s willingness to accommodate diaspora interests while maintaining state oversight over land ownership. The introduction of a fixed-term derivative right, and ministerial powers of revocation, and restrictions on political engagement highlight a more structured and regulated approach.

Further Information:

This editorial is intended to give you a general overview of the Law. If you would like further information and clarification on any issue raised in this editorial, please contact.

Patrick Sanga
Partner
E: p.sanga@vemmaattorneys.co.tz

Bernard Nkwabi
Senior Associate
E: b.nkwabi@vemmaattorneys.co.tz

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THE DRAFT CAPITAL MARKETS AND SECURITIES (PRIVATE EQUITY AND VENTURE CAPITAL) REGULATIONS, 2024, REGULATING PRIVATE EQUITY AND VENTURE CAPITAL FUNDS IN TANZANIA, A NEW ERA FOR STARTUPS, SMALL, MEDIUM SIZE ENTERPRISES AND INVESTOR PROTECTION

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INTRODUCTION TO THE REGULATIONS

The Capital Markets and Securities Authority (CMSA) of Tanzania, in collaboration with various stakeholders has developed the Draft Capital Markets and Securities (Private Equity and Venture Capital) Regulations, 2024. These regulations aim to provide a structured framework for the establishment and operation of private equity and venture capital businesses in Tanzania, the regulations will oversee Private Equity Funds (“PEFs”) and Venture Capital Funds (“VCFs”) within the financial sector in Tanzania.

OBJECTIVES

Subject to Regulation 3 of the Draft Capital Markets and Securities (Private Equity and Venture Capital) Regulations, 2024 (the “Draft Regulations”), the primary objectives of these regulations include the guidance for Establishment and Operation, providing clear guidelines for the establishment and operation of private equity and venture capital businesses. The Regulations aim to Regulate Venture Capital Business, regulating venture capital businesses including equity and debt securities.

Further the draft Regulations aims to protect the Investors by ensuring public awareness about venture capital businesses.

Also the draft Regulations aims at promoting financial inclusion by diversifying financial products and enhancing market liquidity, further the draft Regulations foster to promote and encourage innovations in capital markets through innovative business models, the same will strengthen the ecosystem for startups and small to medium-sized enterprises to drive economic growth.

KEY PROVISIONS

According to Regulation 6 of the Draft Regulations, any person who wishes to operate as PEF or VCF must obtain a Fund Management Licence (the “Licence”) from the CMSA. The Licence shall be provided to the applicant with eligibility of the required minimum paid-up capital, one-third of independent directors, and focus on small and medium-sized businesses.

The application for a licence certificate to the CMSA should be made in a prescribed form provided in the First Schedule to the Draft Regulations.

LICENCE REVOCATION AND SUSPENSION

The Licence can be canceled or suspended under regulation13 of the Draft Regulations by the CMSA if, among others, the directors, or employees have not performed their duties honestly and fairly in the opinion of the CMSA and contravene or fail to comply with any condition of the Licence.

REQUIREMENT FOR APPROVAL

Regulations 14, 15, 16, 17, 23, 24, and 27 of the Draft Regulations, require PEFs and VCFs, through their fund managers, to apply for an approval from the CMSA prior to the raising or collection of funds from investors. The application must be submitted using the form indicated in the Second Schedule to the Draft Regulations. Before issuing the approval letter, the CMSA will assess the fund pools’ eligibility, to ensure that they protect investor interests, in accordance with the applicable regulations.

AN OVERVIEW OF PEF AND VCF

The Draft Regulations provide a clear description of PEFs, defining them as investment vehicles that pool capital from sophisticated investors to invest in private companies, to generate returns from their growth. Their primary purpose is to collect capital from investors, such as, banks, insurance companies, or corporate bodies, and invest it in private companies, either by acquiring shares or providing debt financing.

On the other hand, VCFs are defined under the Draft Regulations as investment funds that manage the money of investors who seek equity stakes in startup and small to medium-sized enterprises with strong growth potential and characterized with high risk or high-return opportunities.

The difference between PEF and VCFs is that the former pools capital from sophisticated investors to invest in private companies, while the latter focus specifically on start-up companies, primarily by investing in or acquiring stakes in these businesses, often becoming shareholders by purchasing equity.

PROTECTION OF INVESTORS’ (INVESTMENTS ALLOCATION IN PEFS AND VCFS)

Subject to Regulations 20 and 26 of the Draft Regulations, the regulations  limit the usage of pooled funds for PEFs and VCFs. One significant limitation is that PEFs can only engage in large, emerging unlisted enterprises, with interests in a single unlisted company capped at 75% of the fund. Meanwhile, VCFs can only invest up to 25% in a single unlisted firm, with investments limited to small and medium-sized businesses.

PENALTIES FOR NON-COMPLIANCE

Subject to Regulation 41 (1) (a) (b) (c) (d) and (e), the CMSE, as the regulating authority may reprimand, suspend or de-register venture capital company or private equity company where; the registered venture capital company or registered private equity company ceases to meet the requirements for registration or fails to comply with the Act, any reports or other information filed by the registered venture capital or registered private equity company or fund manager are found to contain false or misleading information, or the registered venture capital or registered private equity company fails to take such corrective action in respect of a breach as indicated by Authority within the time prescribed, or the Authority becomes aware of any facts or circumstances, which in the opinion of the Authority, warrant deregistration of the registered venture capital or private equity company in the public interest; and if the board of directors of the registered venture capital company or registered private equity company requests in writing that the venture capital company or private equity company be deregistered.

CONCLUSION

The Draft Capital Markets and Securities (Private Equity and Venture Capital) Regulations, 2024, represent a significant step towards fostering innovation, attracting capital, and promoting financial inclusion in Tanzania. By providing a clear regulatory framework, these regulations are poised to enhance the country’s economic growth and development. This will be done through clear guidelines for the establishment, operation, management of funds, and fostering of conducive environment for investment in both established businesses and emerging startups.

Further Information:

This editorial is intended to give you a general overview of the Law. If you would like further information and clarification on any issue raised in this editorial, please contact.

Patrick Sanga
Partner
E: p.sanga@vemmaattorneys.co.tz

Bernard Nkwabi
Senior Associate
E: b.nkwabi@vemmaattorneys.co.tz

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THE PROTECTION OF WELL-KNOWN TRADEMARKS IN TANZANIA

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Trademark registration aims to protect traders and consumers by ensuring that brands and products are clearly distinguishable in the marketplace.

For traders, it provides exclusive rights to use a particular mark, helping to prevent unauthorized use by competitors and for consumers, it ensures they can identify the source of goods and services, offering assurances of quality and helping to avoid confusion or misleading representations in the market.

Trademarks are designed to distinguish your goods or services from those of others. However, some third parties may attempt to exploit your trademark for their own benefit, using it to capitalize on the reputation and recognition you have built through time and investment. This allows them to benefit from your brand’s success without the effort of creating their own identity.

Protecting your trade mark is crucial to maintaining the integrity and reputation of your brand. When third parties try to exploit your trade mark, it can dilute your brand’s uniqueness and potentially confuse consumers.

REGISTRATION

In Tanzania Trade and Service mark are protected under Trade and Service Mark Act Chapter 326 (TSMA). In Tanzania, it is not compulsory to register a mark in order to use it. However, the exclusive legal right to use a trademark is acquired with registration under section 32 and 14 of TSMA.

A trademark well known globally enjoys local protection in the event it is recognized locally in order to seek protection against any infringement, the proprietor has to abide to local laws by registering the said trademark. Early registration of a trade or service mark is paramount for one to successfully maintain a suit on infringement.

INFRINGMENT
Trademark infringement occurs when someone uses a trademark that is identical or confusingly similar to a registered trademark without permission, in a way that is likely to cause confusion among consumers. This could happen in various ways, like/example, A well-known company, “ABC Beverages,” has registered a trademark for their logo and name in Tanzania. A new, smaller company called “AB Beverages” starts selling a similar line of drinks using a very similar logo, font, and colour scheme that resembles “ABC Beverages.” Consumers might confuse “AB Beverages” with the well-established brand “ABC Beverages,” leading them to believe the products are from the same company. In this case, the new company’s use of a confusingly similar trademark could be considered an infringement of “ABC Beverages'” registered trademark, as it creates confusion in the marketplace and could damage the reputation of the original brand.

 A common question that arises is how one can prevent trademark infringement in Tanzania, well the law does afford your protection if the circumstance warrants it.

OPPOSITION

Opposition systems offer third parties the opportunity to oppose the registration of a trademark within a certain period of time. Applicable laws provide details and sometimes exhaustive lists of grounds for opposition

Section 27 of the TSMA allows for third parties to oppose the registration of a trademark during the initial registration procedure and within the time limit as prescribed from the date of advertisement of an application.

For a proprietor to seek the protection of the acquired reputation, the trademark usage must be upon registration. A well known trademark globally, automatically acquired protection is not the correct position in our jurisdiction A trademark well-known globally enjoys local protection in the event it is recognized locally. In order to seek protection against any infringement, it is incumbent on the proprietor to abide by our local laws and by registering the said trademark.

CONCLUSION

Protecting well-known trademarks in Tanzania is essential for maintaining the integrity and value of a brand. While trademark registration is not mandatory for use, it provides exclusive legal rights and safeguards against infringement, ensuring that traders and consumers are protected.

As global brands seek protection locally, adherence to Tanzanian laws  is key to securing trademark rights and preventing misuse in the marketplace and Our trademark litigation team can help enforce your trademark and copyright rights in Tanzania and throughout Africa.

Further Information:

This editorial is intended to give you a general overview of the Law. If you would like further information and clarification on any issue raised in this editorial, please contact.

Haika-Belinda John Macha
Partner
E: hb.macha@vemmaattorneys.co.tz
M: +255 717 307 999

Haika Allen Mrango
Associate
E: h.mrango@vemmaattorneys.co.tz
M: +255 746 716 191

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THE ARUSHA PROTOCOL FOR THE PROTECTION OF NEW VARIETIES OF PLANTS THAT HAS COMES INTO FORCE: IMPLICATIONS FOR AFRICAN AGRICULTURE

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The Arusha Protocol for the Protection of New Varieties of Plants officially came into force on November 24, 2024, nearly 10 years after its adoption in Arusha, Tanzania, in July 2015. This Protocol creates a harmonized system for the protection of plant variety rights (PVRs) across the member states of the African Regional Intellectual Property Organization (ARIPO). It allows applicants to apply for protection through ARIPO, ensuring uniform protection in the contracting states that participate.

Under the Protocol, PVR protection is granted for 25 years for trees and vines and 20 years for all other plant varieties.

The system closely follows the 1991 Act of the International Convention for the Protection of New Varieties of Plants (UPOV 1991), which has faced both support and criticism worldwide. Critics argue that the Protocol will mostly benefit multinational seed companies, potentially threatening local farmers’ rights, particularly their ability to save, replant, and exchange seeds. However, the Protocol allows for a limited exception where farmers can save and replant certain agricultural and vegetable varieties, but they must pay remuneration to the PVR holder.[1]

Supporters of the Protocol argue that it could lead to the development of more sustainable and climate-resilient plant varieties, improve farmers’ access to better seeds, and ultimately enhance food security and stimulate economic growth across the continent.

The Protocol also provides a safety net. According to Article 4(1), PVR protection will have uniform effect in all contracting states unless a state refuses the grant within six months of receiving the application, provided the state offers specific grounds for refusal.

So far, only Four (4) of ARIPO 22 member states—Cape Verde, Ghana, Rwanda, and São Tomé and Príncipe, have ratified the Protocol. Given the ongoing debate surrounding the Protocol’s potential impact, it will be interesting to see whether more ARIPO member states choose to adopt it in the future. The success of the Protocol will depend on balancing the interests of multinational companies and local farmers, as well as ensuring the protection of Africa’s agricultural diversity.

Further Information:

This editorial is intended to give you a general overview of the Law. If you would like further information and clarification on any issue raised in this editorial, please contact.

Haika-Belinda John Macha
Partner
E: hb.macha@vemmaattorneys.co.tz
M: +255 717 307 999

Haika Allen Mrango
Associate
E: h.mrango@vemmaattorneys.co.tz
M: +255 746 716 191

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THE ESTABLISHMENT OF THE PERSONAL DATA PROTECTION COMMISSION WHAT YOU NEED TO KNOW

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Tanzania has recently launched Personal Data Protection Commission (PDPC), a significant development for privacy and data security, following the enactment of Landmark Legislation “the Personal Data Protection Act of 2022.

The introduction of the establishment of the Personal Data Protection Commission (PDPC) marks a pivotal shift, placing greater emphasis on individual privacy and data security and align Tanzania with global standards in data protection and privacy.

Overview of the Personal Data Protection Commission (PDPC)

Purpose and Role:

  • Regulation and Enforcement: The PDPC is responsible with ensuring compliance of the Data Protection Act, 2022. It monitors how personal data is handled and processed by organizations and takes action against non-compliance.
  • Register Controller and processors: It oversees the registration of data controllers and processors.
  • Research and Corporation: The PDPC monitors development of  technology and collaborates with other countries in managing personal data protection.
  • Complaint Handling: The Commission handles complaints from individuals regarding data breaches or misuse of personal data. It investigates these complaints and enforces remedies where necessary.

The establishment of the Personal Data Protection Commission is a critical step in implementing and enforcing Tanzania’s data protection laws. By having a dedicated authority, Tanzania ensures that there is a structured approach to managing personal data, addressing privacy concerns, and fostering a culture of data protection within the country.

  • As the PDPC becomes fully operational, it will play a key role in shaping data protection practices in Tanzania and enhancing confidence among consumers and businesses in the handling of personal data.

IMPACTED SECTORS

  1. Financial Services
  • Banks and Financial Institutions: These entities handle sensitive personal and financial information, such as account details, transaction records, and credit information. They must ensure stringent data protection measures to prevent breaches and misuse of customer data.
  • Insurance Companies: They collect personal and health information for policy underwriting and claims processing, requiring robust data protection practices.
  1. Healthcare
  • Hospitals and Clinics: Medical institutions manage sensitive health records, patient histories, and other personal health information, which must be protected to ensure privacy and comply with data protection regulations.
  • Pharmacies: Pharmacies handles personal data related to prescriptions and patient health information, necessitating careful management and protection.
  1. Telecommunications
  • Mobile and Internet Service Providers: These companies process vast amounts of personal data, including communication records, browsing histories, and customer identification details. Ensuring the security and confidentiality of this data is critical.
  1. Retail and E-Commerce
  • Online Retailers: E-commerce platforms collect and store personal information such as payment details, addresses, and purchase histories. They must implement strong data protection measures to safeguard Client’s data.
  • Physical Retail Stores: Retailers that collect customer information for loyalty programs or marketing purposes also need to adhere to data protection requirements.
  1. Education
  • Educational Institutions: Schools, colleges, and universities manage personal data related to students, faculty, and staff, including academic records, contact details, and health information. They must ensure that this data is securely managed and protected.
  1. Public Sector
  • Government Agencies: Various government bodies handle personal data related to citizens, such as tax records, social services information, and identification details. Data protection regulations require them to manage this information securely and transparently.
  1. Technology and IT Services
  • Software Providers: Companies that develop or provide software solutions, including cloud storage services, must ensure their platforms comply with data protection standards to safeguard user data.
  • Data Processors: Entities that process personal data on behalf of other organizations need to adhere to strict data protection measures to ensure compliance and protect data.
  1. Marketing and Advertising
  • Marketing Agencies: These organizations handle customer data for targeted advertising and promotional activities. They must ensure that they collect, process, and store data in compliance with data protection laws.
  1.   Legal Services
  • Law Firms: Legal professionals, manage sensitive personal information related to clients, including case details, personal history, and legal documentation. They must maintain strict confidentiality and security measures.
  1. Travel and Hospitality
  • Travel Agencies: These businesses collect personal data related to travel bookings, including passport information, travel itineraries, and payment details, which must be securely managed.
  • Hotels and Resorts: Hospitality establishments handle personal information such as guest records, booking details, and payment information, requiring adherence to data protection standards.

Across these sectors, the Data Protection Act, 2022 mandates that organizations implement robust data protection measures to ensure the confidentiality, integrity, and security of personal data. By doing so, they are not only comply with legal requirements but also build trust with their customers and stakeholders in an increasingly privacy-conscious environment.

REGISTRATION

The registration process for data protection in Tanzania is a vital  and mandatory step for organizations to comply with the Data Protection Act 2022 and its Regulation. Any collection or processing of personal data without being registered is unlawful.

Failure to register is an offence, whereas upon conviction one may be liable to fine or imprisonment to a term of five (5) years or both.

STEP BY STEP GUIDE TO PDPC REGISTRATION

The Act has put into place several key steps to ensure that organisations adhere to the requirements of handling personal data. These steps are as follows:

  1. Prepare your Documents;
  2. Submit your Application with fees;
  3. Application Verification within 7 days;
  4. Application Decision; and
  5. Maintaining Your Registration

The Data Protection Act, 2022, and the establishment of the Personal Data Protection Commission represent a pivotal advancement in safeguarding personal data in Tanzania. It is imperative for organizations to act swiftly and diligently.

Registering with the Commission not only ensures compliance with the newly enacted Act but also underscores a commitment to upholding the highest standards of data protection and privacy.

By proactively assessing and refining data handling practices, businesses can avoid potential penalties and build stronger trust with customers and stakeholders. This registration is not merely a regulatory obligation but an opportunity to demonstrate organizational responsibility and dedication to protecting personal information in today’s increasingly privacy-conscious environment.

Ultimately, the Personal Data Protection Commission will play a crucial role in guiding, monitoring, and enforcing compliance, thereby contributing to a secure and transparent data management landscape. Embracing these changes and meeting the registration requirements will position organizations to thrive in a digital age where data protection is paramount.

 

Further Information:

This editorial is intended to give you a general overview of the Law. If you would like further information and clarification on any issue raised in this editorial, please contact.

Haika-Belinda John Macha
Partner
E: hb.macha@vemmaattorneys.co.tz
M: +255 717 307 999

Haika Allen Mrango
Associate
E: h.mrango@vemmaattorneys.co.tz
M: +255 746 716 191

Download PDF

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