Support Centre

Madagascar

Summary

Law: Law No. 2014 - 038 on the Protection of Personal Data (only available in French here) (the Act). Please note that not all sections of the Law are in force yet.

Regulator: The Madagascan information commission (CMIL) (not yet established)

Summary: On December 14, 2014, Madagascar adopted Law No. 2014 - 038 on the Protection of Personal Data (only available in French here) (the Act), which was promulgated on January 9, 2015. The Act declares that the processing of personal data is based on four main pillars, namely the principles of legitimate purpose and fairness of collection and processing, the existence of data subjects' rights, the presence of an independent supervisory authority, and the establishment of an enforcement regime. In relation to its scope of application, the Act covers the processing of personal data carried out by controllers established on the state territory, as well as processing that utilizes means that are located on the national territory, even when the controller is not established in Madagascar.

The Act provides for the creation of the Madagascan information commission (CMIL), the independent authority responsible for the compliance with the principles provided in the Act. The CMIL has not yet been established.