REASSESSING THE BANKER–CUSTOMER RELATIONSHIP IN TANZANIAN ELECTRONIC BANKING LEGAL FRAMEWORK

Abstract

This article offers a critical analysis of the legal and regulatory consequences of electronic banking on the traditional banker–customer relationship in Tanzania. While electronic banking enhances convenience and access, it generates complex legal questions regarding contract establishment, authentication, evidentiary standards, liability allocation, data protection, and cybersecurity. Adopting doctrinal legal analysis of Tanzanian statutes, regulatory instruments, and judicial decisions, the article reveals key legal concepts and emphasises how existing law accommodates or fails to address digital financial transactions. The findings indicate that, despite the electronic contracts, signatures, and records being legally acknowledged, substantial gaps persist in legal standards and enforcement mechanisms. Therefore, this study concludes that traditional legal duties and implied terms apply in the electronic context, but highlights the need for clearer articulation and a strengthened regulatory framework. Based on the findings, the study proposes recommendations to enhance legal certainty, consumer protection, and regulatory coherence in Tanzania’s digital banking landscape.