Data Protection In The Africa Region

Partner With Datahub Consulting to Build Your Data Protection Strategy

Comprehensive guidance, compliance support, and cyber security for African markets

At Datahub Consulting, we specialise in global data protection compliance, with a dedicated division focused on the African evolving regulatory landscape. Our team helps businesses navigate complex laws, implement robust data governance frameworks, and ensure cross-border compliance. Data Protection is not just regulations and policies, it about implementing a privacy first approach and projecting customer trust.

Datahub Consulting’s compliance division brings deep regional insight and global best practices to help organisations across Africa meet evolving data protection laws. Whether you're a fintech startup in South Africa or a healthcare provider in Kenya, we tailor our services to your sector, jurisdiction, and risk profile. As global data privacy specialist that helps you reduce risk, speed up implementation of a compliance framework, and unlock security challenges - without slowing your team down.

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Countries in the Region and Their Current Data Protection Law

Click on the country to see a summary of the current data protection law.

Central African Republic

Data Protection Law: Enacted:

São Tomé and Príncipe

Our Data Protection Services in Africa

We understand that not all organisations are the same. Datahub can take on all, or some of the data protection tasks to ensure compliance.

Document Creation / Review

Yearly document reviews are essential to maintaining compliance. Using Datahub, documents will be reviewed by data engineers and legal experts

Auditing

Datahub can undertake a detailed independent audit by qualified auditors. An audit report will be produced with remedial actions where necessary

Risk Analysis

Data Compliance is based around risks to the data of the data subjects. Datahub can support with gaps analysis, risk assessments, and impact analysis to help your organisation manage and mitigate an risk.

Data Protection Officer Services

Having DPO Services through Datahub are a cost-effective way to have DPO support. Not all data protection laws require organisations to have a DPO but having a DPO through Datahub has many benefits. See our DPO Services.

DPO Services

Training

Training of staff and leadership team is key to maintaining compliance. We travel globally to clients offices to conduct training. We can also provide remote training or create a video library of training specific to your organisation.

Record of Processing Activity (ROPA)

Maintaining a Record of Processing is required with many of the laws that we specialise in. Datahub can support on creating, maintaining, and advising of ROPA

Dedicated Data Protection Expert

With Datahub you will get a dedicated Data Protection Expert. All of our compliance experts are certified and have years of experience working with global clients

Data Protection Legal Services

Legal Services to review documents and to advise on legislation

Data Mapping

Mapping the flow of personal data is essential for data compliance so that organisations understand the flow data processing through the organisation.

Why is Datahub Different?

Specialist in African Data Protection laws.
Implementation of a robust data protection framework.
Cost-effective, scalable compliance programs tailored to your business size and industry.
Customers get a dedicated DPO that will integrate into your business.
Training videos in any language to support diverse teams worldwide.
Custom-designed training programs aligned with your internal policies and regional regulations.
24/7 Incident response and breach management support, minimising regulatory and reputational risk.

Data Protection in Africa

Africa’s digital economy is scaling fast, and so is the need for strong privacy and security controls. Most African states now have dedicated data protection laws, as of early 2025, 39 out of 55 African nations have data protection laws, reflecting a landscape that’s advancing but still uneven in maturity.

Momentum is driven by national legislation. South Africa’s Protection of Personal Information Act (POPIA), Kenya’s Data Protection Act (DPA), Nigeria’s Data Protection Act 2023 (NDPA), and regional initiatives like the African Union’s Malabo Convention on Cyber Security and Personal Data Protection, which aims to harmonise data protection across the continent.

What does this mean for your business?

If you collect, use, or transfer personal data in Africa, you’ll face judicial specific obligations around lawful processing, security safeguards, and data subject rights. Plus added complexity when moving data across borders.

Where Is Data Protection in Africa Currently?

Currently, most African countries have data protection laws, but implementation and enforcement vary significantly by country and region. As of early 2025, 39 out of 55 African nations have data protection laws, with new legislation recently enacted in countries like Ethiopia, Malawi, and Nigeria.

Adoption
With 39 of the 55 regions having data protection laws in place or newly enacted / drafted, underscoring rapid uptake but also variability in scope and enforcement readiness across the continent.

Enforcement & Capacity
Policy analysis highlights an enforcement gap and resourcing challenges for several Data Protection Authorities (DPAs), including limited independence (e.g., budgets housed under line ministries) and uneven investigative capacity, factors that can affect predictability for businesses.

Trends
Expect continued expansion of laws, more sector‑specific rules (e.g., finance, health, telecoms), stricter cross‑border transfer controls, and growing DPA collaboration through AU initiatives.

Modern Data Protection Laws in Africa

South Africa
POPIA (2021): Comprehensive regime covering lawful processing, security safeguards, and data subject rights; enforced by the Information Regulator. POPIA differs from GDPR in areas like an explicit right to data portability (absent) and breach timing phrasing.

Nigeria
Data Protection Act (2023): Replaces the older NDPR framework, strengthening the legal basis and institutional architecture for data protection in Nigeria.

Kenya
Data Protection Act (2019) + 2021 Regulations: Establishes the Office of the Data Protection Commissioner, sets registration duties for controllers/processors, and codifies consent, rights, and enforcement.

Ghana
Data Protection Act (2012): Among the earlier comprehensive statutes on the continent; implementation continues to evolve via the Data Protection Commission.

For a continent‑wide view and country fact sheets, the ALT Advisory ‘Data Protection Africa’ project tracks which countries have enacted, drafted, or have no specific data protection statutes. Data Protection Africa | ALT Advisory

Do African Data Protection Laws Compare to the EU GDPR?

Many African data protection laws closely mirror the GDPR. Adopting core principles such as lawful processing, valid consent, purpose limitation, data minimization, and transparency. They also recognise key data subject rights including access, rectification, and in some cases objection or erasure, along with obligations around accountability and security safeguards. For organisations already mature in GDPR compliance, this alignment provides a valuable head start. However, it’s important to note that requirements are not identical across jurisdictions.

Important Differences to Keep in Mind:

South Africa’s POPIA does not grant an explicit right to data portability and uses the concept of de-identification rather than GDPR’s pseudonymisation.
POPIA requires breach notifications “as soon as reasonably possible,” compared to the GDPR’s strict 72-hour window.
Nigeria’s earlier NDPR (2019) diverged from GDPR on processor record-keeping and breach reporting. The newer NDPA 2023 brings the law closer to global standards, but organisations must still confirm the specific obligations under this updated Act.

Being GDPR compliant doesn’t automatically mean compliance in Africa. Each country’s laws must be assessed individually to ensure full alignment

Key Challenges for Businesses Navigating African Data Protection Laws

Diverse and Rapidly Changing Regulations
Africa’s privacy landscape is far from uniform. Some countries have well established “GDPR” like frameworks, while others are still drafting their first laws. These frequent changes and variations make it difficult for organisations to maintain consistent compliance across multiple jurisdictions.
Inconsistent Enforcement Practices
The effectiveness of Data Protection Authorities (DPAs) differs widely. Variations in independence, funding, and technical expertise mean that investigation timelines and enforcement outcomes can be unpredictable.
Restrictions on Cross-Border Data Transfers
Many African laws limit the transfer of personal data outside national borders unless specific safeguards, such as contractual clauses or adequacy decisions are in place. Coordinating these requirements across multiple vendors and regions adds significant complexity.
Gaps in Operational Compliance
Businesses often discover weaknesses during audits, such as incomplete data inventories, insufficient oversight of third-party processors, inadequate incident response plans, and limited staff training. These issues are especially common in organisations that expanded quickly before implementing formal privacy framework.

EU Representation

Companies that either offer goods or services to data subjects in the EU, or monitoring the behaviour of data subjects in the Union, and the business is not established in the EU then you will require EU Representation.

The EU representative acts as an additional contact person for supervisory authorities and data subjects within the EU. In this instance the representative acts on behalf of the controller.

Datahub have offices in both the UK and also EU and we can act as your representative to comply with UK or EU data protection laws. We will provide you with a letter of representation and our UK and European addresses can be used as your representation.

As part of our data protection service, Datahub Consulting will:

Act as your designated Data Protection Representative within the EU, ensuring compliance with regulatory requirements.
Facilitate communication between regulators, data subjects, and your organisation, ensuring timely and accurate responses.
Provide clear guidance on how to display our contact details in your privacy notice, so your disclosures meet legal standards.
Serve as the primary point of contact for supervisory authorities and individuals, handling inquiries related to personal data processing on your behalf.
Validation badge for your website, allowing visitors to see that Datahub Consulting is your Data Protection Partner and your EU Representation.

Best Practices for Data Protection Compliance in Africa

Build a Country-by-Country Compliance Matrix
Track each jurisdiction’s requirements, including scope, lawful bases, data subject rights, regulator contacts, registration needs, breach rules, transfer restrictions, and enforcement posture. Use regional resources such as the ALT Advisory map to stay on top of legislative updates.
Data Mapping & Records of Processing (ROPAs)
Maintain precise records of processing activities, data lineage, and cross-border transfers. Even where not legally mandated, adopting GDPR-style accountability frameworks simplifies audits and investigations.
Privacy by Design & Risk Assessments
Integrate privacy checks into product development and vendor onboarding. Where formal DPIAs are not required (e.g., under POPIA), adopt internal risk assessments as a best practice to demonstrate accountability.
Cross-Border Data Transfer Safeguards
Implement binding contractual clauses and conduct supplier due diligence to meet “adequate protection” requirements. Regularly review and re-validate vendor locations and sub-processors to reduce transfer risks.
Security Measures that Enable Privacy
Enforce robust technical and organizational safeguards such as access controls, encryption, logging, secure development practices, data loss prevention, backup and recovery, and tested incident response—mapped to each law’s definition of “appropriate safeguards.”
Training & Privacy Culture
Deliver role-specific privacy training for legal, IT, product, and support teams, alongside executive briefings aligned with local regulatory expectations. Strong training reduces breach risks and enhances organizational readiness when incidents occur.

Preparing for Data Compliance

What you need now

A unified strategy that spans all jurisdictions to ensure seamless, region-wide compliance.
A dependable method for secure cross-border data transfers.
The capability to provide on-demand evidence of accountability to regulators.

Prepare for the future

By adopting a “privacy by design” approach today, you’ll be ahead of the curve as regulations on AI governance and cloud adoption become stricter. The organisations that prioritise privacy now will be the market leaders of tomorrow.

Get Started: Your Data Protection Roadmap

The first step is to contact Datahub Consulting for an informal chat about your organisation, where you are with compliance, and how Datahub could potentially support your business.

Thereafter we can start to review your policies, procedures, and security measures in place. As we work with a lot of organisations globally, we have created an assessment process that allows us to initially start the review and gap analysis remotely. Keeping costs to a minimum.

We would then plan to visit your offices. We have consultants that travel all over the world to work with organisations across Europe, Middle East, Africa, and the Americas.

On completion of a gap analysis, we will be able to create a detailed roadmap to suit your budget, timeline expectations, and most importantly any applicable laws.

Data protection tailored to the African region.

One region. Many laws. One expert partner

Talk to Our Experts

Frequently Asked Questions

Currently out of the 55 African countries there are 36 with data protection laws enacted and 3 in draft.

The Kenya Data Protection Act (DPA) of 2019 shares many similarities with the EU General Data Protection Regulation (GDPR), but there are also notable differences.

Similarities Between Kenya DPA and EU GDPR

Foundational Principles
Both laws are built on similar principles:

Lawfulness, fairness, and transparency
Purpose limitation
Data minimisation
Accuracy
Storage limitation
Integrity and confidentiality
These principles guide how personal data should be handled by organisations.

Data Subject Rights
Individuals are granted rights such as:

Access to their data
Rectification and erasure
Restriction of processing
Data portability
Objection to processing
Protection from automated decision-making.

Cross-Border Data Transfers
Both laws allow international data transfers but require safeguards to ensure adequate protection of personal data.

Supervisory Authority
Each law establishes a regulatory body:

Kenya – Office of the Data Protection Commissioner
EU – Independent supervisory authorities in each member state.

For more information on the comparison between the Kenya DPA and the EU GDPR then have a look at our article on the topic. This is one of our most read articles with an average of 550 readers per month: Comparing Kenya Data Protection Act 2019 to EU GDPR | DataHub Consulting

In most cases, yes. If a company outside Africa processes personal data of residents within a country like Kenya or Nigeria, it may be subject to that country’s data protection law. This is similar to GDPR’s extraterritorial scope. This is called Extra-Territorial Scope.

Most African laws grant rights such as access, correction, deletion, and objection to processing. However, the enforcement mechanisms and timelines for responses may differ from the EU standards.

Most laws require that personal data be transferred only to countries with adequate protection. Some, like Kenya’s DPA, allow transfers with safeguards such as standard contractual clauses or explicit consent.

This is the same for any region. Datahub Consulting would recommend:

Start with a data protection audit. Understand where your current data protection compliance is, Identify the areas of strengths, and where improvements are required.
From the audit create a plan to mitigate any risks to the business and the data subjects.
Appoint a data protection officer who can provide independent advise and how to efficiently implement a data protection framework.
Implement a library of policies and procedure that relate to all the applicable data protection laws.
Map the flow of personal information through the business. Understand the legal reason for processing the data, where the data is stored, the security measures in place, who has access to the data, who it’s shared with, how long it will be retained for, and finally how it will be deleted.
The train of staff, and leadership team are very important. Staff are the most important asset to an organisation and to embed data protection standards in the business will start with the staff.
As part of the data protection framework establish a structured data breach response strategy. This will include policies and procedures, who will be involved, communication internally and externally, logging information, understanding root causes and being able to debrief and implement actions.

With data protection it’s your responsibility to be able to prove compliance. Ensure that you have the processes, logs, security measures, and understanding to do this.

Legal advice and regional data protection expertise, like that offered by Datahub Consulting can be invaluable.

Penalties differ by country. For example, Kenya can impose fines up to 3% of annual turnover, while Nigeria’s NDPR allows for fines based on the number of affected data subjects. South Africa’s POPIA includes criminal sanctions for serious breaches.

On a call Datahub can advise in more depth on this information.

Find out how we can help

We do not employ salespeople; our team are all experienced technical specialists that can talk you through any of our services.

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Data Protection Africa Region