Catalog / Is a listed company / LXD-7242

Is a listed company, in Eswatini

Data Protection Act, 2022, enforcement and offencessince 6 lines

Data Protection Act, 2022, ss. 6, 34-43, 49-50, 52-53 (enforcement and offences) · Read the law's page

  • Expect the Commission to be able to warn you or issue a formal compliance notice, and, if you fail to comply, to limit, suspend or terminate your authorisation to process personal information or impose an administrative fine of up to five million Emalangeni or two percent of your annual turnover.
  • Expect a data subject to be able to complain to the Commission alleging a contravention of the Act, and expect the Commission to investigate, conciliate, or take enforcement action.
  • Comply with an enforcement notice the Commission serves within the period it specifies, whether to take steps or to stop processing personal information, and know that you may apply to the Commission or a court to cancel, vary, or appeal it.
  • Cooperate with a Commission investigation, including giving evidence on summons and not obstructing entry and search of premises it reasonably suspects are connected with regulated activities.
  • Expect a data subject to be able to bring a civil action for damages against you in a court having jurisdiction, and expect the Commission's class action system to assist data subjects in exercising that right.
  • Expect criminal liability, on conviction, of a fine of up to E100,000,000 or five percent of your annual turnover, or imprisonment of up to ten years, or both, for hindering the Commission, breaching confidentiality, obstructing a warrant, or violating the Act without reasonable cause, with a juristic person's sentence served by the head of the data controller.

Revisions

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  1. Revision 1, : the entry was first published.

See also

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