Botswana. Comprehensive data protection. Act

Botswana DPA 2024Data Protection Act, 2024 (Act No. 18 of 2024)

In force
Partly verifiedMedium confidence. text_url is the 2024 Bill as published; official Act text not located. IDPC URL not verified. Registration method not yet prescribed.

§1Summary

Synopsis

Botswana's updated data protection law, replacing the 2018 Act with a more GDPR-aligned regime. It is overseen by the Information and Data Protection Commission and introduces turnover-based fines.

Key themes
  • lawful bases
  • data subject rights
  • DPO
  • breach notification
  • cross-border transfers
  • direct marketing
Unique features

Transfers are prohibited unless the destination is designated by ministerial order in the Gazette or the Commissioner pre-authorises them. Fines up to BWP 50m or 4% of global turnover.

SaaS relevance

SaaS providers processing Botswana personal data must rely on the gazetted country list or Commissioner authorisation for offshore hosting.

§2Obligations

Breach notification
Commission without delay, where feasible within 72h
DPO
Conditional
Cross-border transfers
Ministerial designation of adequate countries or Commissioner authorisation; derogations
Maximum penalty
BWP 50m or 4% of global turnover

§3Dates

Key dates
  • Adopted
  • In force
  • Repealed and replaced the Data Protection Act 2018 (in force 2021-10-15); grace period for compliance reported as extended

§4Text and authority

Text
Authority
Information and Data Protection Commission (IDPC)

§5Where it applies

Domestic law of
Botswana

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. text_url is the 2024 Bill as published; official Act text not located. IDPC URL not verified. Registration method not yet prescribed.