In a rapidly evolving digital landscape, safeguarding personal data has emerged as a paramount concern for businesses worldwide. As jurisdictions enact stringent data protection regulations, business must navigate complex legal frameworks to ensure compliance and mitigate risks. Against this backdrop, the enactment of the Data Protection Act, 2021 in 2021, heralded a new era of data governance in Zambia.
Data Protection Compliance: Insights into the Revised Enforcement Roadmap
In a rapidly evolving digital landscape, safeguarding personal data has emerged as a paramount concern for businesses worldwide. As jurisdictions enact stringent data protection regulations, business must navigate complex legal frameworks to ensure compliance and mitigate risks.
Against this backdrop, the enactment of the Data Protection Act, 2021 (the "DPA") in 2021, heralded a new era of data governance in Zambia. However, the effective implementation of data protection laws hinges on robust enforcement mechanisms orchestrated by the regulatory authority, being the Data Protection Commissioner (the "Commissioner").
As part of our ongoing commitment to keeping our clients abreast of pertinent legal developments, we previously alerted you to the enforcement roadmap outlined by the Commissioner on 31 October 2023, as detailed in our earlier legal alert accessible via our website. However, this roadmap has undergone revisions since its initial release.
In this alert, we provide insights into the latest developments surrounding the enforcement of the DPA, shedding light on the revised roadmap provided by the Commissioner.
By proactively addressing compliance requirements and aligning with the revised enforcement roadmap, businesses can effectively navigate the complexities of data protection regulations, safeguarding the integrity of personal data and mitigating associated risks.
As such, we have set out an overview of the revised enforcement strategy outlined by the Commissioner. This regulatory action plan sets out specific timelines for mandatory registration, providing a structured framework to ensure adherence to the stringent requirements stipulated
The Regulatory Action Plan
Outlined within the revised roadmap are the following key components:
May2024
System Self-Assessment Questionnaire
Businesses will be formally notified by the Commissioner's office to complete the questionnaire, accessible online at https://inventory. dataprotection.gov.zm/.
Notifications will be sent to their registered email addresses with the Patents and Companies Registration Agency ("PACRA''), Zambia Revenue Authority ("ZRA''), Registrar of Societies, and Registrar of
Associations.
May2024
Data Controllers and Data Processors Training
Data Controllers and Data Processors will begin training in May 2024, before they can commence any data processing activities. It is
important to emphasise that this training will run concurrently with the registration process.
May2024
Registration of Data Controllers and Data Processors
The registration process for Data Controllers and Data Processors will be conducted online, aligning with the training sessions scheduled for May 2024.
The registration Uniform Resource Locator ("URL"), which is the web address for accessing the registration platform, will be distributed through the registered email addresses of entities registered with PACRA, the ZRA, Registrar of Societies and Registrar of Associations.
We advise you keep an eye on your registered email inbox for this important notification.
August 2024
Accreditation of Auditors
Only accredited auditors shall be allowed to audit data controllers and data processors.
September 2024
Audit
Audits are scheduled to commence in September 2024.
However, ad hoc or impromptu audits will be conducted on selected institutions in the financial sector, health sector, mobile money sector, statutory bodies and government departments.
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Read the original publication at Mulenga Mundashi Legal Practitioners
