Malawi: Introduced Data Protection Bill 2023 including cross-border data transfer

On 7 December 2023, the Data Protection Bill 2023 was introduced in the Malawi Parliament. The Bill regulates personal data transfers to other countries, allowing transfers to data recipients located in a jurisdiction that provides adequate data protection and is based on binding corporate rules or certification mechanisms. The Communications Regulatory Authority will have the power to adopt adequacy decisions. The data controllers and processors would be required to submit the binding corporate rules, code of conduct or certification mechanism to the Authority.