With the global shift towards digital transactions, Tanzania has recognized the importance of legally enabling electronic signatures (e-signatures) to support e-governance, digital commerce, and paperless transactions. The Tanzanian government has made deliberate efforts to foster a digitally inclusive society, promoting the use of Information and Communication Technology (ICT) in public and private sectors.
E-signatures provide a legally recognized way to authenticate electronic documents and transactions, simplifying workflows, reducing operational costs, and increasing business efficiency. This article explores the legal status of e-signatures in Tanzania, applicable laws, permissible and restricted documents, and notable legislative developments.
Legal Framework in Tanzania
Tanzania recognizes electronic signatures through its legal infrastructure, mainly derived from the following legislation:
- Electronic Transactions Act, 2015
- Cybercrimes Act, 2015
- Electronic Transactions (Certification Authorities) Regulations, 2018
Key Provisions:
Section 10 of the Electronic Transactions Act, 2015 defines and validates electronic signatures, if they are:
- Reliable and appropriate for the purpose for which the data message was generated or communicated.
- Capable of identifying the signatory and indicating their approval of the content.
Advanced Electronic Signatures (AES): The law differentiates between ordinary and advanced electronic signatures. An AES must be:
- Uniquely linked to the signatory.
- Capable of identifying the signatory.
- Created under the sole control of the signatory.
- Linked to the data such that any subsequent changes are detectable.
Certification Authorities (CAs): The Tanzania Communications Regulatory Authority (TCRA) is responsible for licensing and regulating Certification Authorities that issue digital certificates for secure signatures.
Legal Admissibility: Electronic signatures and documents are admissible in court proceedings and are not denied legal effect solely because they are in electronic form.
Documents That Can Be Signed Electronically
The Tanzanian legal framework permits a wide range of documents to be signed electronically, including but not limited to:
- Commercial contracts
- Employment agreements
- Invoices, purchase orders, and receipts
- E-commerce transactions
- Company board resolutions
- Regulatory filings and applications
- Tax filings and online submissions
- Bank forms (where permitted by the institution)
Many government agencies are also digitizing their services and accepting electronic documents and e-signatures for administrative procedures.
Documents That Cannot Be Signed Electronically
Despite the wide acceptance, certain legal documents are excluded from the purview of electronic signatures due to their sensitive or formal nature. These include:
- Wills and codicils
- Documents related to land transfers (e.g., title deeds)
- Marriage and divorce documents
- Court pleadings, judgments, and notarial acts
- Power of attorney (unless specifically allowed)
These exclusions align with international best practices where personal, formal, or high-risk transactions require additional authentication safeguards or in-person witnessing.
Notable Legal Developments
A. Certification Authorities Regulation (2018):
The Electronic Transactions (Certification Authorities) Regulations introduced a regulatory framework for licensing and monitoring trusted third-party CAs in Tanzania. These institutions are critical in supporting advanced electronic signatures and ensuring their integrity.
B. TCRA Initiatives:
The Tanzania Communications Regulatory Authority has taken proactive steps in enabling digital signatures by licensing certification authorities and promoting public awareness on digital trust services.
C. E-Government Strategy:
The Tanzanian government is actively promoting the use of electronic signatures across ministries and departments through its National ICT Policy and e-Government Strategy. This includes allowing certain tax, customs, and registration processes to be conducted electronically.
Disclaimer
The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing the subject matter may change quickly, so Flowmono cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a legal practitioner in your area.
Conclusion
Tanzania has established a modern and reliable legal foundation for the use of electronic signatures, aligning with international norms and promoting digital transformation. While certain sensitive documents are still restricted from electronic execution, most of the business and administrative transactions can be legally carried out using e-signatures.
An organization like Flowmono complies with the Electronic Transactions Act and works with certified digital service providers for high-assurance transactions. As the regulatory landscape continues to evolve, more public and private sector applications are expected to adopt legally recognized e-signature technologies.
References
- Electronic Transactions Act, 2015 (Tanzania)
- Cybercrimes Act, 2015 (Tanzania)
- Electronic Transactions (Certification Authorities) Regulations, 2018
- Tanzania Communications Regulatory Authority (TCRA) – www.tcra.go.tz
- UNCITRAL Model Law on Electronic Commerce (1996)
