Month: January 2026

𝐃𝐚𝐭𝐚 𝐏𝐫𝐢𝐯𝐚𝐜𝐲 𝐖𝐞𝐞𝐤 2026: 𝐄𝐦𝐩𝐨𝐰𝐞𝐫𝐢𝐧𝐠 𝐁𝐨𝐭𝐬𝐰𝐚𝐧𝐚 𝐭𝐨 𝐓𝐚𝐤𝐞 𝐂𝐨𝐧𝐭𝐫𝐨𝐥 𝐨𝐟 𝐘𝐨𝐮𝐫 𝐃𝐚𝐭𝐚

As the world observes Data Privacy Week, an international initiative held every January to promote awareness and best practices in privacy and data protection, we are reminded of the importance of empowering individuals and organizations to take meaningful control of personal data.

Botswana has come a long way in strengthening its data protection framework. From the introduction of the 𝐃𝐚𝐭𝐚 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐀𝐜𝐭 𝐨𝐟 2018 (𝐀𝐜𝐭 𝐍𝐨. 32) 𝐭𝐨 𝐭𝐡𝐞 𝐃𝐚𝐭𝐚 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 (𝐀𝐦𝐞𝐧𝐝𝐦𝐞𝐧𝐭) 𝐀𝐜𝐭 𝐨𝐟 2022, 𝐭𝐡𝐞 𝐓𝐫𝐚𝐧𝐬𝐟𝐞𝐫 𝐨𝐟 𝐏𝐞𝐫𝐬𝐨𝐧𝐚𝐥 𝐃𝐚𝐭𝐚 𝐎𝐫𝐝𝐞𝐫 (𝐒.𝐈. 𝐍𝐨. 95 𝐨𝐟 2022), 𝐚𝐧𝐝 𝐧𝐨𝐰 𝐭𝐡𝐞 𝐜𝐮𝐫𝐫𝐞𝐧𝐭 𝐃𝐚𝐭𝐚 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐀𝐜𝐭 𝐍𝐨. 18 𝐨𝐟 2024, we have witnessed the active and deliberate evolution of Botswana’s regulatory landscape. Each legislative development has represented a step toward ensuring that Botswana’s framework aligns with international standards such as the GDPR, while remaining responsive to the country’s unique circumstances and local realities.

A notable milestone has been the establishment of the Information and Data Protection Commission, the regulatory authority tasked with overseeing compliance and enforcement. Under the leadership of the Commissioner, Ms Kepaletswe Somolekae, the Commission has hit the ground running, driving practical implementation of the Act across a range of sectors and industries.

While significant progress has been made, there is still work to be done.

𝐊𝐞𝐲 𝐚𝐫𝐞𝐚𝐬 𝐭𝐡𝐚𝐭 𝐜𝐨𝐧𝐭𝐢𝐧𝐮𝐞 𝐭𝐨 𝐝𝐫𝐚𝐰 𝐚𝐭𝐭𝐞𝐧𝐭𝐢𝐨𝐧 𝐢𝐧𝐜𝐥𝐮𝐝𝐞:

• The absence of comprehensive Data Protection Regulations, which are essential to guide the practical application of the standards contained in the primary legislation; and
• Concerns raised by industry stakeholders regarding the current penalty framework, including administrative fines of up to BWP 50,000,000 or 4% of annual worldwide turnover, which some view as disproportionate and potentially unsustainable within the local business environment.

These discussions reflect the importance of ongoing engagement between stakeholders and the regulator to ensure that Botswana’s framework remains both enforceable and effective, promoting compliance without undermining economic participation.

Ultimately, awareness remains central to achieving the goal of meaningful personal data protection. Data privacy begins with informed and empowered data subjects.

𝐈𝐧 𝐫𝐞𝐜𝐨𝐠𝐧𝐢𝐭𝐢𝐨𝐧 𝐨𝐟 𝐃𝐚𝐭𝐚 𝐏𝐫𝐢𝐯𝐚𝐜𝐲 𝐖𝐞𝐞𝐤, 𝐭𝐡𝐞 𝐌𝐢𝐧𝐜𝐡𝐢𝐧 & 𝐊𝐞𝐥𝐥𝐲 𝐏𝐫𝐢𝐯𝐚𝐜𝐲 𝐓𝐞𝐚𝐦 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐡𝐨𝐬𝐭𝐢𝐧𝐠 𝐚 𝐏𝐨𝐩-𝐔𝐩 𝐏𝐫𝐢𝐯𝐚𝐜𝐲 𝐀𝐰𝐚𝐫𝐞𝐧𝐞𝐬𝐬 𝐒𝐭𝐨𝐫𝐞 𝐚𝐭 𝐅𝐢𝐞𝐥𝐝’𝐬 𝐌𝐚𝐥𝐥 𝐨𝐧 30 𝐉𝐚𝐧𝐮𝐚𝐫𝐲 2026, 𝐚𝐢𝐦𝐞𝐝 𝐚𝐭 𝐟𝐨𝐬𝐭𝐞𝐫𝐢𝐧𝐠 𝐠𝐫𝐞𝐚𝐭𝐞𝐫 𝐩𝐮𝐛𝐥𝐢𝐜 𝐮𝐧𝐝𝐞𝐫𝐬𝐭𝐚𝐧𝐝𝐢𝐧𝐠 𝐨𝐟 𝐩𝐫𝐢𝐯𝐚𝐜𝐲 𝐫𝐢𝐠𝐡𝐭𝐬 𝐚𝐧𝐝 𝐭𝐡𝐞 𝐢𝐦𝐩𝐨𝐫𝐭𝐚𝐧𝐜𝐞 𝐨𝐟 𝐭𝐚𝐤𝐢𝐧𝐠 𝐜𝐡𝐚𝐫𝐠𝐞 𝐨𝐟 𝐩𝐞𝐫𝐬𝐨𝐧𝐚𝐥 𝐢𝐧𝐟𝐨𝐫𝐦𝐚𝐭𝐢𝐨𝐧.

For more information contact contact +267 391 2734 or Visit Corporate & Commercial - Minchin & Kelly (Botswana) and engage with the team.