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Zambia DPA

Operationalize DPA Compliance with PrivacyOps Platform

Last Updated on November 20, 2023

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On March 23, 2021, the parliament of Zambia formally enacted the Data Protection Act No. 3 of 2021 (DPA). The DPA provides a framework for collecting, using, and processing personal data, including storage and transfer, accords protections to personal data and sets out the rights of data subjects.

The DPA establishes the Office of the Data Protection Commissioner, which is responsible for the regulation of data protection and privacy in Zambia. Further, the DPA imposes responsibilities on data controllers and processors with respect to the protection of the personal information of data subjects.

Amongst other obligations, the DPA mandates data controllers and processors to respect the rights of data subjects, and follow the principles of lawfulness, fairness, transparency, purpose limitation, data minimization, storage limitation, and integrity and confidentiality of personal data.

The DPA provides for penalties in the form of fines and imprisonment in the event of its contravention.

The Solution

Securiti is a renowned market leader providing enterprise data compliance and governance solutions, due to its PI data discovery, DSR automation, documented accountability, and AI-process automation features, among others.

These data solutions and a plethora of similar solutions are backed up by state-of-the-art artificial intelligence and machine-learning-based algorithms, making Securiti an ideal option for organizations that want to achieve effective and efficient compliance with Zambia's Data Protection Act.

Zambia Data Protection Act Compliance Solution

See how our comprehensive PrivacyOps platform helps you comply with various sections of Zambia DPA.

Request a demo today to learn how Securiti can aid you and your organization's compliance efforts.

 

Automate Handling and Secure Fulfillment of Consumer Data Access Requests

Sections 58

While all requests in relation to data subject rights can easily be automated, organizations have the added benefit of having all such requests streamlined and easily viewable via a singular dashboard, allowing you to keep track of them in real-time.

DSR workbench Zambia
data rectify request

Automate the Processing of Rectification Requests

Section 59

All rectification requests can be automated with the option to view their real-time status via the central dashboard.

Automate Erasure Requests

Section 60

All erasure requests made by users can be automated with the option to view their real-time status via the central dashboard.

data erasure request
Data Processing Request

Automate Object and Restriction of Processing Requests

Sections 15(8), 15(9), 61, 63

The framework for handling all objections and restriction of processing requests can be automated with the option to view their real-time status via the central dashboard. 

Monitor and Track Consent

Sections 13, 15, 16(2)(b), 17, 53, 71(1)(a)

Monitor users' consent status related to the organization's various data processing activities from the central dashboard. This allows the organization to ensure that all its data processing activities are fully compliant with the regulatory requirements and any processing, or transfer, sharing, or selling of data can only occur once the user has consented adequately to it.

Universal Consent Management
Zambia Data Protection Readiness Assessment

Assess Readiness

Sections 12, 46, 47, 50, 51, 53

By conducting regular periodic internal assessments, organizations can continuously monitor the effectiveness of their data-related processes while identifying gaps to be remedied.

Map Data Flows and Generate Reports

Sections 45, 51(2)

Map data to its correct owners and maintain updated records of data processing activities. Automate incoming and outgoing data transfers while generating detailed reports to ensure all such transfers comply with regulatory requirements.

Data Flow Mapping
breach response notification

Automate Data Breach Response Notifications

Section 49

Automate the data breach response notifications and the necessary follow-up measures in connection to security incidents by leveraging a knowledge database on security incident diagnosis and response.

Manage Vendor Risk

Sections 47(4), 49(2), 52

Monitor the data processing activities of third-party vendors to ensure their practices comply with the legal requirements.

Vendor Risk Management
Zambia Regulation Cookie Consent Compliance

Meet Cookie Compliance

Sections 13, 15, 16(1)(b), 17, 61

Automatically scan and categorize cookies and similar tracking technologies in order to obtain data subjects’ consent as well as allow data subjects to update their cookie consent preferences at any time via cookie consent preference centers.

Privacy Policy and Notice Management

Sections 12, 15(3), 53(3), 57, 58(3), 64, 66, 78(2)

Automatically generate privacy policies that reflect your organization's compliance with the appropriate regulatory requirements by adequately informing the users about your data processing practices.

Privacy Notice Creation

Key Rights Under Zambia's Data Protection Act

Here are the key rights guaranteed by Zambia’s Data Protection Act:

Right to Confirmation

All data subjects have the right to receive confirmation from the data controller as to whether or not their personal data is being processed.

Right to Notification

All data subjects have the right to be notified of all third parties to whom their personal data has been disclosed and the measures implemented to protect such data.

Right to Access

All data subjects have the right to receive a copy of their personal data at no cost. A reasonable fee may be charged based on administrative costs in case of additional copies requested.

Right to Rectification

All data subjects have the right to rectification of:

  1. inaccurate personal data as soon as practicable, and
  2. incomplete personal data, taking into account the purposes of the processing.

Right to Erasure

All data subjects have the right to the erasure of personal data as soon as practicable, and the data controllers have an obligation to erase personal data without undue delay.

Right of Objection

All data subjects have the right to object to processing their personal data. Data subjects may also object to the processing of their personal data for direct marketing purposes. In such an event, the personal data should no longer be processed for that purpose but may be processed for any other lawful purpose.

Right to Object to Decision Taken on the Basis of Automated Data Processing

All data subjects have the right to opt out of being subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning data subjects or similarly affects data subjects.

Right to Restriction of Processing

All data subjects have the right to restrict the processing of their personal data in the event

  1. the data subject contests the accuracy of the data being collected,
  2. the data controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defence of legal claims, or
  3. the data subject objects to the processing and requires the erasure of such data.

Right to Data Portability

All data subjects have the right to receive a copy of their personal data in a structured, commonly used, machine-readable, or otherwise legible format, and may transmit that data to another data controller, where technically or otherwise feasible.

Right to Withdraw Consent

For consent-based data processing, all data subjects have the right to withdraw consent to the processing of their personal data at any time.

Facts to Know About Zambia's Data Protection Act

1

A data controller should process and store personal data on a server or data center located in Zambia. Notwithstanding the foregoing, the government of Zambia may prescribe categories of personal data that may be stored outside the republic. However, sensitive personal data must always be processed and stored in a server or data center located within Zambia;

2

With a few specified exceptions under the DPA, international transfer of data from Zambia is allowed only if consented to by the data subject or approved by the Data Protection Commissioner in a situation of necessity;

3

The Office of the Data Protection Commissioner is primarily responsible for the regulation of data protection and privacy across Zambia;

4

Data subjects can lodge a complaint with the Data Protection Commission if they deem that the processing of personal data by a data controller or processor is in contravention of the DPA. In case the data subject disagrees with the Data Protection Commission's ruling, they may appeal to the High Court within 30 days of such ruling;

5

Under the DPA, data controllers and processors may face a fine of up to 300,000 penalty units (9,000,000 ngwees or approximately $565,000), a prison sentence of up to three years, or both.

6

A data subject who has suffered damage as a result of an infringement of its rights, as ensured under the DPA, may receive compensation from the relevant data controller or data processor as determined by a court of competent jurisdiction for the damage suffered.

7

If an offense is committed under the DPA by a body corporate or unincorporate body, with the knowledge, consent or connivance of the director, manager, shareholder or partner, of that body corporate or unincorporate body, that director, manager, shareholder or partner of the body corporate or unincorporate body is liable, on conviction, to the penalty specified for such offense.

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