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Botswana

Summary

Law: The Data Protection Act, 2018 (the Act) 

Regulator: The Information and Data Protection Commission

Summary: On October 15, 2021, the Data Protection Act, 2018 (the Act) entered into effect more than three years after the National Assembly approved it on July 12, 2018. The Act regulates data controllers and processors and establishes consent as a central principle for data processing. The Act also provides for data subject rights and sets out restrictions on direct marketing, sensitive data, and data transfers. Further, the Act requires data breach and processing notifications in certain circumstances. In broad terms, the Act echoes the approach taken by the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) although diverging by establishing potential prison terms ranging from three to 12 years for certain violations.

On October 29, 2024, the Data Protection Act 2024 (the Act of 2024) was published in the Official Gazette, after being assented to on October 24, 2024, repealing and re-enacting the Act with amendments. The Act 2024 will enter into force on a date appointed by the Minister in the Official Gazette.

Insights

The Southern African Development Community ('SADC') is one of the thriving regional economic blocks on the African continent which has taken steps to support and enable the flow of personal data in the region. In this article, Melody Musoni, an independent privacy professional, discusses data protection laws and provisions on cross-border data flows in countries in Southern Africa, with a particular focus on Botswana.

The Data Protection Act, 2018 ('the Act') was identified by Botswana's National ICT Policy, known as Maitlamo, as one of the most relevant and necessary ICT-enabling legislation alongside the Electronic Communications and Transactions Act, the Electronic Evidence (Records) Act, and the Cybercrime and Computer Related Crimes Act. The Act, which was enacted in 2018, came into effect as of the 15 October 2021 upon the issuance of a commencement order on the Government Gazette by the Minister of Presidential Affairs, Governance and Public Administration. Its transition period is 12 months from the date of commencement. Senwelo Modise, Associate at Botlhole Law Group, discusses the Act's provisions and how organisations can prepare during the transition period.