Cyber Law at Eswatini
Eswatini has established a comprehensive legal framework to address cybercrime and data protection, notably through the Computer Crime and Cybercrime Act of 2022 and the Data Protection Act of 2022.
🛡️ Computer Crime and Cybercrime Act of 2022
This Act criminalizes unauthorized access to computer systems, including mobile phones, without proper justification, Offenders can face fines up to E500,000 or imprisonment for up to five years, depending on the severity of the violation and any aggravating factorsFor instance, a woman was charged under this Act for allegedly accessing her husband's WhatsApp account without his consent, highlighting the law's application to personal digital privacy.
🔐 Data Protection Act of 2022
Enacted on March 4, 2022, this Act governs the collection, processing, storage, and disclosure of personal data in Eswatin. It applies to both data controllers and data processors operating within the country or using its infrastructur. Key provisions includ:
Data Subject Rights Individuals have the right to access, correct, delete, or object to the processing of their personal dat.
Data Breach Notification Data controllers must report breaches to the Eswatini Data Protection Authority (EDPA) within 72 hous
Sanctions for Non-Compliance Violations can result in fines up to E5 million or 2% of an organization's annual turnover, and in severe cases, imprisonmet, The Eswatini Communications Commission (ESCCOM) has been designated as the EDPA, responsible for regulating personal data handling, investigating breaches, and resolving complains
✅ Compliance and Enforcement
Entities such as EswatiniBank, Liberty Life Eswatini, and Eswatini Posts and Telecommunications Corporation (EPTC) have been certified as registered data processors, demonstrating compliance with the Data Protection Act
🌐 Regional Alignmen
Eswatini's data protection laws align with regional standards set by the Southern African Development Community (SADC), ensuring consistency in data privacy practices across member states
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