Abstract

Botswana's Data Protection Act 2024 supersedes the 2018 Act, marking a significant advancement in the country's data governance. Compared with the 2018 Act, the new Act broadens the territorial scope of application, refines the supporting framework for the regulatory authority, introduces mandatory DPO and DPIA requirements, expands the category of sensitive personal data and establishes a three-tier cross-border data transfer regime. It further creates an enforcement and remedial regime composed of administrative fines, criminal sanctions, and multi-tiered remedies, thereby comprehensively addressing the earlier framework's deficiencies. These reforms reflect Botswana's institutional endeavour to promote its digital economy while safeguarding the fundamental rights of its citizens.

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