No. 50741 149
STAATSKOERANT, 31 Mei 2024
important to have guidelines that would determine the modalities of entering into such data
sharing agreements.
The principles that guide such agreements should therefore be the same to avoid arbitrary
decisions and agreements that might compromise the security and sovereignty of South
Africa and ultimately cause harm to those they are intended to benefit.
South Africa is also participating in various digital trade and investment initiatives. A clear
government cross-border data regime is necessary to guide those involved in related
engagements and negotiations. Initiatives such as the AfCFTA, Smart Africa Single African
Digital Market initiative and Southern African Customs Union initiatives fall under such
categories.
Finally, cross-border data transfers and sharing should be carried out in such a manner as to
respect the security and sovereignty of South Africa.
Policy Interventions
15.4.1.
The processing of data collected within the borders of South Africa shall comply
with South African data protection and security laws and policies.
15.4.2.
Government data that incorporates content pertaining to the protection and
preservation of national security and sovereignty of the Republic shall be stored
only in digital infrastructure located within the borders of South Africa.
15.4.3.
The government shall pursue cross-border data transfers and sharing agreements
that meet the following criteria:
15.4.3.1. Agreements
must
promote
national
interests,
including
socio-economic
development, security, and sovereignty.
15.4.3.2. Agreements must comply with the data protection and data security laws and
policies of South Africa.
15.4.3.3. Agreements should enhance mutually beneficial cooperation for all parties
involved.
15.4.3.4. Agreements should give effect to the African Continental Free Trade Area
(AfCFTA), Southern African Customs Union, Single Digital African Market, and AU
and SADC protocols.
27
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