The South African National Policy on Data and Cloud was published in May 2024. Data is at the heart of everything and so it is hard to imagine a more important government policy. If South Africa gets its government policy right it can have an enormously positive impact on the country – get it wrong and the opposite will be true.
Unfortunately, the national data and cloud policy is not in plain language and is difficult to read. Everyone should be able to read and understand government policy. The purpose of this article is to help you understand what it says by writing it in plain language. This is often hard because it is so poorly written. Once you can understand it, you can take action. We have also added some of our comments and insights.
The national data and cloud policy of South Africa is really important because government policy sets the agenda for the legal and regulatory landscape. It contains high-level government strategic policy decisions and statements. It impacts everything and is the highest level of regulatory instruments. Policy leads to white papers and discussion documents, to bills and finally to laws or Acts passed by Parliament. A change in policy often leads to a change in existing laws (like POPIA, the ECT Act and others). Don’t confuse government policy with an organisation’s policies and procedures.
Insights
Overall, the South African National Policy on Data and the Cloud is a forward-looking initiative that seeks to harness the power of data and cloud technologies for national development. By addressing key areas such as economic growth, public service delivery, data security, and regulatory compliance, the policy aims to create a thriving digital environment that benefits all South Africans.
The history of the national data and cloud policy of South Africa
The minister had initially invited you to comment on the draft policy by 18 May 2021, but this has now been extended to 11 June 2021. If this policy impacts you, accept the invitation and comment. The Minister of the Department of Communications and Digital Technologies (DCDT) invited stakeholders to comment on the draft policy by 18 May 2021, with the deadline later extended to 11 June 2021. Following this consultation period, the final policy was published in May 2024. If this policy impacts you, it is important to review and determine the impact of the final version on your organisation.
The purpose of the National Policy on Data and Cloud
The policy aims to enable South Africans to realise the socio-economic value of data. It outlines the government’s position on cloud-based, long-term, data storage and compute requirements while establishing the governance mechanisms needed to support these initiatives. The policy seeks to ensure that we use data to drive innovation, economic growth, and improved public services, all while maintaining strict standards for data security and privacy.
“The policy aims to create an enabling environment for the use and provision of data and cloud services to ensure socio-economic development and inclusivity. The specific objectives of this policy are to:
- Promote connectivity and access to data and cloud services.
- Address the government’s long-term data storage and processing requirements.
- Create a Data Trust environment through data privacy protection and cybersecurity measures.
- Promote standardisation of compliance in respect of data and cloud computing.
- Provide clarity on cross-border transfers and data sovereignty.
- Ensure consumer protection in the use of data and cloud services.
- Establish institutional mechanisms for the governance of data and cloud services.
- Support the development of Small, Medium, and Micro Enterprises (SMMEs).
- Facilitate capacity development to enable and expand the use of data and cloud services.
- Encourage research, innovation, and human capital development.” (point 10)
Who does the National Data and Cloud Policy apply to?
The policy applies to everyone – all three levels of government, organisations of state, public enterprises, the private sector and the general public and individual citizens. It impacts everyone in the country.
The biggest impact will be on the IT sector, network operators, electronic communications providers, data centres, data service providers and cloud services providers.
The difference between a policy intervention and proposal
A policy intervention refers to an active measure or action that is currently being implemented or enforced by a government, organization, or institution to address a specific issue or achieve a desired outcome. A policy proposal is a suggested plan or idea for a policy that is being developed, debated, or considered but has not yet been approved or implemented. A policy intervention is something already in motion, while a policy proposal is an idea waiting to be put into action.
What is the government setting policy on?
Below is a plain language summary of the policy interventions and proposals found in section 15 of the policy. Our comments are in [square brackets].
Actions you can take
- Determine how the National Data and Cloud Policy impacts your organisation by asking Michalsons for advice.
- Know more about cloud compliance by reading about it.
- Govern cloud computing, manage associated risks and comply with laws that apply to cloud computing by reading about how we can help.
- Find out more about it by attending a public webinar specifically on the topic or asking us to present a private version just for your organisation.
- Read the full text by downloading the National Policy on Data and Cloud.