Botswana
ModerateData Protection Act 2018
Authority: Information and Data Protection Commission | Enforcement: partial | Enacted: October 2021
Overview
Botswana enacted the Data Protection Act in 2018, which commenced in October 2021. The Information and Data Protection Commission was established as the supervisory authority. The law provides for data subject rights, consent, and cross-border transfers.
14-Topic Coverage
Data Protection Authority
Fully AddressedInformation and Data Protection Commission oversees compliance.
Consent Requirements
Fully AddressedConsent required for processing. Must be informed and voluntary.
Data Subject Rights
Fully AddressedRights to access, correction, and deletion.
Cross-Border Transfer
Fully AddressedTransfers to countries with adequate protection or with Commissioner approval.
Breach Notification
Partially AddressedProvisions for breach notification. Practical implementation developing.
DPO Requirements
Partially AddressedData controllers must register with the Commission.
Children's Data
Partially AddressedGeneral provisions apply. Children Act provides additional protections.
Penalties & Enforcement
Fully AddressedFines up to BWP 200,000 and/or imprisonment up to 5 years.
Sector-Specific Rules
Partially AddressedBOB financial data rules, health data regulations.
Cookie/Tracking
Not AddressedNo specific cookie regulation.
AI & Automated Decisions
Not AddressedNo specific provisions.
Data Localisation
Not AddressedNo general data localisation requirement.
Significant Data Fiduciary
Not AddressedNo equivalent concept.
Government Data
Partially AddressedAct applies to government with national security exemptions.
Coverage Summary
Quick Navigation
Need Compliance Help?
Our data privacy team can help you navigate Botswana's regulations.
Book a Consultation