Since 2022, the number of data protection laws in Africa has been increasing steadily. And new laws create new compliance obligations. That’s why it is important for organisations that have a presence, or customers in Africa, to understand what data protection laws apply to them. As an organisation, if you are thinking about expanding your operations into Africa, there are several questions that you need to have answers to like:

  • Do you have to register as a data controller in that country?
  • Do you need any authorisation to process a particular type of personal data?
  • Are you allowed to transfer personal data out of the country to your head office?

Why should you care about data protection in Africa?

If you are thinking about expanding into Africa or if your business already has a footprint in Africa, you need to know whether there is a data protection law in the country you operate in (or plan to operate in), and if there is a law, what it states. Some African countries, like Mauritius, have had data protection laws in operation in operation much longer than other countries have. Countries, like Mauritius, which have mature data protection laws, already have enforcement measures in place. This means that if you do not comply with their data protection law, the data commissioner in that country could issue a fine or other penalty against you.

Consequences of non-compliance with data protection laws

When you process people’s personal data you must exercise care to protect their data from harm. If you do not protect people’s personal data from harm, your customers and anyone you do business with will no longer trust you. Your business could suffer irreparable reputation harm.

A data protection authority could fine you if you do not process personal data lawfully. A fine could cripple your business. Other penalties like an enforcement notice could have devastating consequences for your business.

How can Michalsons help you?

Michalsons has helped many clients comply with data protection laws in Africa for many years. Our customised solutions are accessible, empowering, and helpful; giving our clients peace of mind when they operate in Africa. One of our flagship solutions – the Data Protection Laws of Africa report – has helped our clients with key information about operating in Africa lawfully. Contact us to set up a complimentary consultation and we will assist you in navigating the data protection landscape in Africa.