The Data Protection Act Of 2021 And Its Implication On The Zambian Business Landscape

Data Protection in Zambia: Safeguarding Privacy in the Digital Era

By Eng. John Silungwe

As Zambia embraces digital transformation, protecting personal information has become a national priority. The Data Protection Act of 2021 marks a major step towards ensuring privacy, accountability, and responsible data handling across public and private institutions.

Modeled on the EU’s GDPR, the law establishes the Data Protection Commission and introduces strict requirements for entities that collect, store, or process personal data. From appointing Data Protection Officers to conducting Data Audits and Impact Assessments, compliance is now a continuous responsibility — not a one-off exercise.

While meeting these obligations may increase operational costs, the price of non-compliance — including penalties and reputational damage — can be far greater. Ultimately, the Act seeks to build public trust and strengthen Zambia’s position in the global digital economy, where data is truly the new gold.

By Eng. John Silungwe

1.0 Introduction

The Zambian Data Protection Act of 2021 is a landmark legislation aimed at protecting the personal data of individuals in Zambia. The Act has significant implications for businesses operating in the country, requiring them to adapt to new data protection regulations.
Before delving into the intricacies of the law, it is important to understand the background to this piece of legislation and why the Zambian Government felt it necessary to enact it — particularly in the context of protecting privacy and regulating trans-border flows of data.

2.0 Evolution of Data Protection Legislation
2.1 Global Level

In the 1970s and 1980s, the world’s first data protection laws emerged in Europe, with Germany’s Hesse state enacting the world’s first data protection law in 1970.
The Organisation for Economic Co-operation and Development (OECD) issued guidelines on the protection of personal data in 1980.
The EU’s Data Protection Directive 95/46/EC set a comprehensive framework for data protection, influencing laws worldwide.
The Asia-Pacific Economic Cooperation (APEC) Framework’s Cross-Border Privacy Rules (CBPR) system was established in 2011 to promote data protection and facilitate trade.
The European Union’s General Data Protection Regulation (GDPR), effective since 2018, has become a global benchmark for data protection, with its stringent requirements and significant fines for non-compliance.
Many countries have since enacted or updated their data protection laws, often drawing inspiration from the GDPR — such as the California Consumer Privacy Act (CCPA) in the United States.

2.3 Zambian Case

Zambia, like many African countries, assented to the African Union’s Malabo Convention on Cybersecurity and Data Protection in March 2021. The Convention later came into effect on June 8, 2023, after 15 AU member states ratified it.
Shortly after, the Data Protection Act of 2021 was enacted by the Zambian Parliament. Prior to its enactment, the National Assembly sought input from various stakeholders, including the author of this article, through the Parliamentary Committee on Media, Information and Communication Technologies.

As with most law-making processes, not all submissions were incorporated into the final Act. Certainly, there are areas that need improvement to align with global standards and best practices. The Zambian Government has already indicated plans to repeal and expand the Act to include data in general, not just personal data.

It is also worth noting that the Zambian Data Protection Act of 2021, like most similar laws worldwide, was largely modeled on the European GDPR, both in content and structure. In today’s digital era where data is the new gold — and with platforms like Facebook, Google, X (Twitter), and LinkedIn booming — this law has become even more essential.

3.0 Rationale for Data Protection Legislation

Data protection legislation aims to strike a balance between protecting individual privacy rights and promoting the benefits of the digital economy.
The enactment of such laws has been driven by the following developments:

The advancement in digital technology and globalization has led to a massive increase in personal data sharing.

Personal data has become a vital input in providing goods and services across nearly all sectors of human activity.

Corporations have commercialized the exchange of personal data on a global scale.

Cybercriminals have exploited weaknesses in data handling, leading to ransomware, identity theft, and fraud.

Governments worldwide have therefore found it imperative to enact laws that safeguard citizens’ personal data and enforce their fundamental right to privacy.

4.0 Salient Features of the Zambian Data Protection Act of 2021

The key features of the Zambian Data Protection Act include:

Establishment of the Data Protection Commission and the Office of the Data Protection Commissioner, including their functions.

Mandatory registration of entities (individuals or corporates) involved in collecting, storing, transferring, or processing personal data as Data Controllers, Data Processors, or both.

Clear principles and rules governing data processing.

Defined duties and responsibilities of Data Controllers and Processors.

Exemptions from certain data processing principles.

Defined rights of data subjects.

Regulations on cross-border transfer of personal data.

Prescribed penalties for breaches of the Act.

Registration and regulation of Data Auditors.

5.0 Regulations and Guidelines of the DPA

Like any other legislation, the Data Protection Act of 2021 has Regulations and Guidelines developed to provide further clarity to its provisions.

Regulations act as secondary legislation, offering additional detail or modifying existing provisions without requiring full parliamentary approval. They are issued by the Minister responsible for Information and Communication Technologies in the form of Statutory Instruments (SIs).

Guidelines, on the other hand, are developed and published by the Data Protection Commission to help entities interpret and comply with specific provisions of the Act.
It is advisable for all businesses to read the main Act alongside the relevant Regulations and Guidelines — all accessible on the Commission’s website — to gain a full understanding of compliance requirements.

6.0 What This Means for Businesses in Zambia

Every business in Zambia that processes personal data — whether of employees, customers, or partners — must register as a Data Controller, Data Processor, or both.
Registration forms are available online through the Data Protection Commission’s website at www.dataprotection.gov.zm
.

However, registration is just the first step in the compliance journey. Compliance with the Act is an ongoing process that requires continuous improvements.

Key steps for businesses include:

Attend or organize a Data Protection Law Awareness Seminar for top management.

Appoint a Data Protection Officer (DPO).

Register with the Data Protection Commission.

Conduct a Gap Analysis to assess current compliance status.

Perform Data Mapping to understand how data flows across the organization.

Develop and implement data protection policies.

Provide training for all staff handling personal data.

Establish a Records of Processing Activities (RoPA) framework for compliance tracking.

Conduct Data Protection Impact Assessments (DPIAs) on systems in use.

Implement technical and organizational security measures to safeguard personal data.

Facilitate annual Data Audits by accredited auditors.

Report any data breaches promptly to the Data Protection Commission.

8.0 Conclusion

The Data Protection Act of 2021 was enacted to help businesses implement technical and organizational safeguards that protect personal information from unauthorized access and misuse.

While compliance may introduce additional costs — depending on the scale of data processing — the cost of non-compliance can be far greater, including hefty penalties and reputational damage.
Because the compliance roadmap can be highly technical, businesses are encouraged to seek expert guidance from certified data protection consultants regulated by the Data Protection Commission.

About the Author

Eng. John M. Silungwe
Director, Smart Centre – ZUT
Board Secretary, ZUT
Technical Committee Board Member, ZAMPOST
Alternative Dispute Resolution Practitioner
IT Service Management (ITSM) Specialist
Data Protection Consultant and Trainer

Qualifications:
BEng (Hons) Electronic & Electrical Engineering – University of Manchester, England
MBA in Strategic Planning – Heriot-Watt University, Scotland

For professional consultation:
📧 johnsilungwe5@gmail.com

📞 0966 786 820 / 0750 786 820