Analysis of the Law Governing E-Commerce in Tanzania

Chuwa, Humphrey (2014) Analysis of the Law Governing E-Commerce in Tanzania. Masters thesis, The Open University of Tanzania.

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Abstract

Technology is an essential tool in development of any nation; electronic commerce is currently booming in Tanzania and the rest of the world. There have been dramatic increase in transaction and trades which use or performed electronically. The current laws under the commercial laws in Tanzania, as identified in this study, assume the existence of paper based records and documents should bear signatures for legal recognition. Still in Tanzania there is no legal framework that support this new era. It is dangerous to accept that without having proper laws to guide that kind of development. The study guides the reader in understand the current structure of e-commerce and the proposed one with their benefits and challenges. The study also discussed some cases and crimes related to e-commerce and ICT which were directed to the court of law but it’s sad because the judgments were not balance due to lack of laws concern e-commerce in Tanzania. Furthermore, the study come up with a conclusion and recommendations; generally there is a need for a re-examination and revision of the fundamental principles of the commercial laws in Tanzania to accommodate business and contract conducted in electronic form. Also legislature should work with experts, consumers and e-commerce users to come up with number of legal support in order to maintain and improve e-commerce and technology as whole. The study recommends enactment of a comprehensive legislation which gives electronic transactions legal recognition, including evidence generated in electronic form. The proposed legal framework for recognition of electronic evidence in Tanzania would create the dependability and certainty for computer -related transactions vital for growth of e-commerce.

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