Overview The preamble of the Act outlines that the Act provides for the collection, processing, disclosure, and protection of personal data, balancing competing values of personal information privacy, sector-specific laws, and other related matters. The terms 'personal data' and 'personal information' are used interchangeably in the Act. The Act applies to any data controller or data processor who uses automated or non-automated means in Eswatini for forwarding personal information, regardless of whether the data controller or data processor are domiciled in Eswatini or have their principal place of business in Eswatini. The Act also applies to the processing of personal information performe
Insight
Eswatini: An overview of the Data Protection Act
November 8, 2022
Summary
The Data Protection Act No. 5 of 2022 in Eswatini, signed into law by King Mswati III, regulates the collection, processing, disclosure, and protection of personal data. It applies to data controllers and processors in Eswatini, with the Eswatini Communications Commission overseeing compliance. The Act establishes legal bases for data processing, principles for data collection, and rights for data subjects, including access, correction, and objection to direct marketing. It also outlines rules for data transfers within the SADC region and beyond, mandates the appointment of Data Protection Officers, and sets forth sanctions, offences, and penalties for non-compliance, including fines and imprisonment.