Cross-Border Data Transfer in Tanzania: Assessing Legal Standards, Institutional Gaps, and the Digital Platforms Challenge

Abstract

In the contemporary global economy, data has emerged as the “new oil,” serving as the primary fuel for digital innovation, e-commerce, and social connectivity. Digital platforms ranging from social media giants and cloud service providers to local fintech startups rely on the seamless movement of information across national borders to function efficiently. This is well known as cross-border data transfer, which allows for decentralised storage, global service delivery, and advanced data analytics. However, the borderless nature of the digital world presents a notable challenge to national sovereignty and the fundamental right to privacy, as personal information often moves from jurisdictions with high levels of protection to those with weak or non-existent protections. In Tanzania, the digital landscape has expanded rapidly, necessitating a robust legal response to protect citizens from data misuse. Through doctrinal research design complimented by benchmarks (best practices) from Kenya and the European Union, the study revealed that, the legal frameworks on cross-border data transfers in Tanzania is progressive on paper, but incomplete in practice, there is also institutional capacity and enforcement gaps, furthermore, Meta does not list Tanzania as having a local data center or a designated representative under the Personal Data Protection Act. The experience from Kenya shows that the Office of the Data Protection Commissioner has moved faster in operationalising the Data Protection Act. Furthermore, experience from the European Union establishes a clear hierarchy for transfers. The study concludes that the legal and institutional frameworks governing cross-border data transfers in Tanzania are not yet effective in regulating digital platforms. Hence, the study recommends legislative and regulatory reforms, institutional strengthening, and policy and practice.