Privacy Law at Eswatini
Eswatini's data protection framework is governed by the Data Protection Act No. 5 of 2022, which came into force on March 4, 2022. This legislation establishes comprehensive guidelines for the collection, processing, storage, and disclosure of personal data, aiming to safeguard individuals' privacy rights in the digital era.
đ Key Provisions of the Data Protection Act
Scope and Applicability: The Act applies to both data controllers and data processors operating within Eswatini or utilizing its infrastructure to process personal data This includes entities domiciled in Eswatini, foreign organizations processing data of Eswatini residents, and cross-border data transfers involving Eswatini
Data Subject Rights: Individuals have the right to Access their personal data Rectify or delete inaccurate or outdated information Object to data processing, particularly for marketing purposes Data portability, allowing them to transfer their data between services Protection against decisions based solely on automated processing
Data Protection Principles:The Act mandates that personal data must beProcessed lawfully, fairly, and transparently Collected for specified, legitimate purposes and not further processedccurate and kept up to dateRetained only for as long as necessary -Secure, ensuring confidentiality and integrityAccountable, with entities demonstrating complianc
Breach Notification:îData controllers are required to report personal data breaches to the Eswatini Data Protection Authority (EDPA) within 72 hours of becoming aware of the breach
Sanctions for Non-Compliance:îViolations of the Act can result in fines up to E5,000,000 or 2% of an organization's annual turnover, whichever is higheîIn severe cases, individuals may face imprisonment
đ Supervisory Authority
The Eswatini Communications Commission (ESCCOM) has been designated as the **Eswatini Data Protection Authority (EDPA)*. The EDPA is responsible for
â Summary
Eswatini's Data Protection Act No. 5 of 2022 provides a robust framework for personal data protection, aligning with global standard. îEntities operating within Eswatini or processing data of its residents must ensure compliance with the Act to avoid significant penalties and uphold individuals' privacy right.
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