OneTrust DataGuidance Research confirmed, on 25 August 2022, with Melody Musoni, Senior Subject Matter Expert at Southern African Development Community ('SADC') Secretariat, that the Minister of State President published a Transfer of Personal Data Order 2022 ('the Order') on 29 July 2022. In particular, Musoni stated that, "The Botswana Data Protection Act 32 of 2018 [('the Act')] came into full effect on 15 October 2021. In terms of [the Act], transfer of personal data from Botswana to another country is prohibited [pursuant to Section 48(1) of the Act]. Section 48(2) of the same Act proceeds to state that notwithstanding the generality under Subsection (1), the Minister may, by Order publ
News
Botswana: Minister of State President publishes Transfer of Personal Data Order 2022
August 25, 2022
Summary
The Minister of State President of Botswana published the Transfer of Personal Data Order 2022 on 29 July 2022, which allows for the transfer of personal data from Botswana to 45 countries, including all countries under the EU GDPR, as well as New Zealand, Israel, Japan, and several others. The Order follows the full effectuation of the Botswana Data Protection Act 32 of 2018 on 15 October 2021, which generally prohibits data transfer outside the country but permits it to designated nations. South Africa and Kenya are the only African countries included, likely due to their progress in data protection law enforcement and the operation of their independent data protection authorities.