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South Africa recently zero-rated websites with educational and health related content to facilitate access in the midst of the COVID-19 pandemic. In this post, we analyse the zero-rating directions and evaluate the state of net neutrality regulation in the country. Introduction In precipitating an unprecedented shift from offline to digital platforms, the COVID-19 pandemic hasRead more

I. Introduction The APAC region has been at the vanguard of digitisation, digital innovation, and digital governance.[1] However, differences in legal regimes in the region have meant that any regional or global privacy initiatives such as the APEC Privacy Framework,[2] APEC Cross Border Privacy Rules System (CBPR),[3] or the Osaka Declaration of Digital Economy[4] doRead more

An internet shutdown is defined as “an intentional disruption of internet or electronic communications, rendering them inaccessible or effectively unusable, for a specific population or within a location, often to exert control over the flow of information”.[1] Studies show that trends towards internet shutdowns are on the upswing, particularly in Africa. A report by AccessRead more

A comprehensive data protection regime with a robust institutional framework is not only imperative for protection of fundamental rights but also gives the necessary stimulus to the digital economy. In our second blog we had highlighted the significant provisions of the proposed data protection and cyber security laws in Sri Lanka, Bangladesh, and Nepal. InRead more

Introduction South Africa has witnessed numerous, significant data breaches.[1] A notable instance was when the servers of one of South Africa’s best known real estate companies was breached and the personal data of 31.6 million persons, including that of the President and the Finance Minister, was put at risk.[2] The information included ID numbers, age,Read more

Introduction Kenya enacted the Data Protection Act, 2019 (hereinafter, the “Act”) in November 2019.[1] It is a comprehensive statute that governs the collection, processing and storage of personal data by government and private actors. It establishes an ecosystem of rights and obligations that operationalises the right to privacy enshrined in the Kenyan Constitution. The immediateRead more

I. Introduction In the previous post, we examined the data governance framework in Indonesia, one of the few countries in the APAC region that has not signed the Osaka Declaration. In this post, we examine the data governance framework of Malaysia, the only country in our blog series, which was not a part of theRead more

I. Introduction In this post, we examine the data governance framework of Indonesia, from the perspective of: data processing and other obligations imposed on organisations (II);rights guaranteed to individuals (III); rules governing cross-border data flows (IV);the penal and enforcement framework (V); and the exemptions given to state agencies (VI). Part VII concludes. Although the ConstitutionRead more

The Sri Lankan Ministry of Digital Infrastructure and Information Technology (“MDIIT”) released the latest version of Personal Data Protection Act (“PDP Bill”) on September 24, 2019. Substantial modifications were made to the previous draft of the Bill based on consultations with key stakeholders[1]. To draft the PDP Bill, the Drafting Committee looked at international bestRead more

I. Introduction In this post, we examine the data governance framework of Vietnam. We discuss: grounds of processing data and the obligations imposed on organisations (II);rights guaranteed to individuals (III); rules governing cross-border data flows (IV);the penal and enforcement framework (V); and the exemptions given to state agencies (VI). Part VII concludes. Although the ConstitutionRead more