Eswatini. Comprehensive data protection. Act

Eswatini DPAData Protection Act, 2022 (Act No. 5 of 2022)

In force
Partly verifiedLow confidence. Penalties and enforcement date from a vendor summary only; breach and DPO rules not verified.

§1Summary

Synopsis

Eswatini's data protection law regulating processing by public and private bodies, with ESCCOM acting as the authority. It contains principles, rights, prior notification/authorisation and high penalties.

Key themes
  • prior notification
  • authorisation
  • data subject rights
  • security
  • cross-border transfers
  • penalties
Unique features

Reported criminal penalties up to E100m or 5% of turnover, among the highest in Africa; applies to foreign entities processing in Eswatini.

SaaS relevance

SaaS providers processing Eswatini data may need to notify ESCCOM and comply with its transfer rules.

§2Obligations

Extraterritorial
Limited
Cross-border transfers
Adequacy-based
Maximum penalty
Administrative E5m or 2% turnover; criminal up to E100m or 5% turnover / 10 years

§3Dates

Key dates
  • Adopted
  • In force
  • Gazetted March 2022; enforcement reported to start September 2025

§4Text and authority

Text
Authority
Eswatini Communications Commission (ESCCOM) as Data Protection Authority

§5Where it applies

Domestic law of
Eswatini

§6Sources and verification

Verification

Low confidence.

Partly verifiedLow confidence. Penalties and enforcement date from a vendor summary only; breach and DPO rules not verified.