By Nyasha Chuma and Kundayi Chinyongo
In today’s rapidly evolving digital world the protection of personal data has become a top priority for businesses and institutions worldwide. As Zimbabwe continues to embrace technology and modernise its economy, safeguarding personal information is crucial for maintaining public trust and complying with global standards.
The recent introduction of the Cyber and Data Protection (Licensing of Data Controllers and Appointment of Data Protection Officers) Regulations, 2024 underscores Zimbabwe’s commitment to building a secure digital landscape. However, failing to comply with these regulations, particularly by appointing a Data Protection Officer (DPO) can have severe consequences for businesses and institutions.
Zimbabwe is undergoing a digital transformation which is evident in sectors like banking, telecommunications, healthcare and retail. While this transformation brings numerous benefits it also increases the risk of data breaches, privacy violations and cyber security threats.
Of late Zimbabwe has witnessed cyber security breaches in the Banking industry and Mobile Network Operators. The Cyber and Data Protection (Licensing of Data Controllers and Appointment of Data Protection Officers) Regulations, 2024 were designed to create a legal framework for protecting personal data in Zimbabwe. One of the key requirements is for data controllers to appoint a DPO. The DPO’s primary responsibility is to ensure that organisations comply with data protection laws, monitor data security and mitigate privacy risks.
Failure to appoint a DPO comes with serious ramifications according to Section 12(6) of the Cyber and Data Protection (Licensing of Data Controllers and Appointment of Data Protection Officers) Regulations, 2024 states that: “A data controller who fails to appoint a data protection officer (DPO) shall be guilty of an offence and liable to a fine not exceeding level 7 or to imprisonment not exceeding two years, or to both such fine and such imprisonment”.
This section highlights the legal requirement for data controllers (entities or individuals who determine the purpose and means of processing personal data) to appoint a Data Protection Officer (DPO). The new regulations stipulate that organisations must appoint a DPO within 90 days of the promulgation of the regulations or face legal penalties.
Failure to comply with this regulation can lead to severe penalties, including:
1. A fine: The fine can be up to level 7, a standardized system of fines in Zimbabwe.
2. Imprisonment: The responsible party could face imprisonment for up to two years.
3. Both: The court may impose both a fine and imprisonment.
These penalties are designed to ensure that businesses take data protection seriously especially in a world where data breaches are becoming increasingly common and costly. The provisions also underscore the importance the Government of Zimbabwe is placing on ensuring organisations have a designated officer responsible for safeguarding data, ensuring compliance with data protection laws and managing data security issues.
The absence of a DPO means an organisation lacks an internal expert to oversee compliance with data protection laws. Without this crucial role, companies may struggle to adhere to the complex requirements of data protection, which can lead to data mismanagement, breaches and potentially devastating legal consequences.
It’s imperative to take note that Zimbabwe’s digital literacy is still growing and thus having a DPO helps businesses navigate the intricate regulations surrounding personal data.
The ramifications of not appointing a DPO extend beyond legal penalties. Zimbabwean companies risk exposing themselves to increased data breaches and security incidents without the guidance of a dedicated officer responsible for overseeing data protection practices.
In sectors like financial services or healthcare where personal data is highly sensitive, the lack of proper oversight could damage public trust and the institution’s credibility. Moreover, companies that fail to comply with data protection laws may face operational disruptions, including the suspension of licenses and the potential for being blacklisted by international partners.
As Zimbabwe seeks to integrate into the global digital economy failure to meet international data protection standards could hamper opportunities for cross border trade and investment.
Zimbabwe’s push toward enforcing data protection regulations is part of a larger movement to modernise its legal and regulatory framework to align with global best practices. The appointment of DPOs is a crucial step in this journey, ensuring that businesses take proactive measures to protect personal data and comply with the law. By embracing these regulations Zimbabwe can create a more secure digital environment, fostering innovation and confidence among consumers and investors alike.
In conclusion, the appointment of a Data Protection Officer is not just a legal requirement, it is an essential aspect of responsible business in Zimbabwe’s digital age.
Organisations must recognise that failure to comply with the regulations will not only lead to legal penalties but also damage their reputation, threaten their operations and weaken the trust they have built with their customers.
By taking data protection seriously Zimbabwean businesses can strengthen their resilience, protect their customers’ privacy and contribute to the country’s goal of building a robust and secure digital economy.
Well done my mkuwasha Chinyongo and your partner