On November 12, 2024, OneTrust DataGuidance Research confirmed with Senwelo Modise, Partner at Bookbinder Business Law, that, on October 29, 2024, the Data Protection Act 2024 was published in the Official Gazette, after being assented on October 24, 2024.

The Act introduces the following changes:

• extends the application of the Act to the processing of personal data by automated means and non-automated processing if personal data is contained or intended to be contained in a filing system. The Act does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity;
• further extends the application of the Act to a data controller who is not established in Botswana but whose processing activities take place in Botswana, related to services and the offering of services to data subjects in Botswana, or involve the monitoring of behavior that takes place in Botswana;
• provides that the Act binds the State and thus extends the application of the Act to the Government, with exceptions;
• provides specifies rules for the processing of sensitive personal data;
• provides additional conditions for the lawfulness of processing such as data minimization, accuracy, storage limitation, and accountability;
• adds the rights to the restriction of processing, data portability, and to not be subject to a decision solely based on automated processing;
• provides for carrying out a Data Protection Impact Assessment (DPIA) prior to processing in order to assess the risks of such processing activities, as well as the cases in which the Information and Data Protection Commission needs to be consulted;
• adds conditions for the appointment of data protection officers (DPOs) as well as their qualifications, duties, and requirements for their independence; and
• increases the highest fine to BWP 50 million (approx. $3.6 million) or 4% of the total worldwide annual turnover, whichever is higher.

Entry into force

The Act will enter into force on a date appointed by the Minister in the Official Gazette.

You can read the Act here.