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Statute is enacted and a registration regime is operative, but the dedicated Authority's independent operational status is unverified and flagged by the seed as pending.
Sub-modules (5)
Regulator And AuthorityAmber
The Act contemplates a dedicated Authority/Commissioner; ZICTA holds interim/adjacent oversight competence pending full independent operationalisation.
Claims (1):
- The dedicated Data Protection Authority contemplated by Zambia's Data Protection Act, 2021 has not been confirmed as fully, independently operationalised as of this run's dispatch date; ZICTA holds interim/adjacent data-protection oversight competence in the meantime.
Act And InstrumentsGreen
Core instrument is the Data Protection Act, 2021 (Act No. 3 of 2021), supplemented by the Data Protection (Registration and Licensing) Regulations, 2021 (SI No. 58 of 2021) issued under section 82 of the Act.
Claims (2):
- The Data Protection Bill, 2020, enacted as the Data Protection Act, 2021, provides for the regulation of the collection and processing of personal data, the establishment of the Office of the Data Protection Commissioner, the registration of data controllers, and the rights of data subjects.
- The Data Protection (Registration and Licensing) Regulations, 2021 (Statutory Instrument No. 58 of 2021) were issued on 14 May 2021 by the Minister of Transport and Communications under section 82 of the Data Protection Act No. 3 of 2021.
Material ScopeRed
No T1/T2 primary text on the Act's material-scope definitions (personal data, processing, controller/processor definitions) was retrievable via allowlisted hostnames in this run. Searches conducted: 'Data Protection Act 2021 Zambia full text sections'; 'sensitive personal data consent lawful basis Zambia'. Gap recorded rather than inferred.
Territorial ScopeRed
No accessible primary or secondary source confirmed the Act's extraterritorial/establishment-based application test. Gap recorded; searches as above yielded no citable material.
Regulator Registration And FilingGreen
The Registration and Licensing Regulations, 2021 require controllers/processors to obtain a certificate of registration from the Data Protection Commissioner, and require data auditors to be licensed.
Claims (2):
- Under Section 4 of the Data Protection (Registration and Licensing) Regulations, 2021, data controllers or data processors shall apply to the Data Protection Commissioner for a certificate of registration.
- Section 3(1) of the Data Protection (Registration and Licensing) Regulations, 2021 stipulates that the Data Protection Commissioner shall register a data controller or a data processor only in specified categories set out in the Regulations.
Regulator & Framework
Zambia's data-protection and cyber-law regulatory architecture has developed materially this cycle. The Office of the Data Protection Commissioner is understood to be fully operational, actively enforcing privacy and data protection compliance in Zambia, following the June 2023 appointment of Zambia's first Data Protection Commissioner. This operationalisation is corroborated by secondary law-firm commentary, though it has not been independently confirmed against a primary ODPC publication this cycle.
Separately, Zambia has enacted a structural split of its combined 2021 cyber statute. The Cyber Security Act, 2025 (Act No. 3 of 2025) repeals and replaces the Cyber Security and Cyber Crimes Act, 2021, and establishes the Zambia Cyber Security Agency, separating regulatory cyber-security functions from criminal-law cybercrime functions. The companion Cyber Crimes Act, 2025 (Act No. 4 of 2025) establishes cybercrime offences and online child-protection provisions that previously sat within the single combined 2021 Act. Both Acts are enacted but not yet effective: their commencement date is to be appointed by the Minister by statutory instrument, and that instrument had not been located as of this cycle.
The practical effect is a bifurcated statutory architecture in which the regulatory (Cyber Security Act) and criminal (Cyber Crimes Act) functions now sit on separate instruments, both awaiting ministerial commencement, alongside an already-operational Data Protection Commissioner enforcing under the existing Data Protection Act, 2021.
Outlook
The ministerial statutory instrument appointing commencement dates for the Cyber Security Act, 2025 and the Cyber Crimes Act, 2025 is the key dated event to watch, expected in an estimated Q1 2027 window carrying a wide multi-year uncertainty band. Until that instrument is published, both Acts remain enacted but not yet effective.
Sources and claims (5)
- UncertainZICTA — The dedicated Data Protection Authority contemplated by Zambia's Data Protection Act, 2021 has not been confirmed as fully, independently operationalised as of this run's dispatch date; ZICTA holds interim/adjacent data-protection oversight competence in the meantime.observed
- ProbableOneTrust DataGuidance — The Data Protection Bill, 2020, enacted as the Data Protection Act, 2021, provides for the regulation of the collection and processing of personal data, the establishment of the Office of the Data Protection Commissioner, the registration of data controllers, and the rights of data subjects.observed
- ConfirmedOneTrust DataGuidance — The Data Protection (Registration and Licensing) Regulations, 2021 (Statutory Instrument No. 58 of 2021) were issued on 14 May 2021 by the Minister of Transport and Communications under section 82 of the Data Protection Act No. 3 of 2021.observed
- ConfirmedOneTrust DataGuidance — Under Section 4 of the Data Protection (Registration and Licensing) Regulations, 2021, data controllers or data processors shall apply to the Data Protection Commissioner for a certificate of registration.observed
- ConfirmedOneTrust DataGuidance — Section 3(1) of the Data Protection (Registration and Licensing) Regulations, 2021 stipulates that the Data Protection Commissioner shall register a data controller or a data processor only in specified categories set out in the Regulations.observed