Artificial Intelligence law at Eswatini
As of May 2025, the Kingdom of Eswatini does not have a dedicated national law specifically governing Artificial Intelligence (AI). However, the country has established a robust legal and regulatory framework for data protection, which is foundational for responsible AI development and deployment.
🇸🇿 Data Protection Act No. 5 of 2022
Enacted on March 4, 2022, the Data Protection Act No. 5 of 2022 governs the collection, processing, storage, and disclosure of personal data within Eswatini. The Act aims to balance privacy, data security, and the need for information in a modern digital economy, aligning Eswatini with global and regional data protection standards, such as those set by the Southern African Development Community (SADC) .(ITLawCo)
Key Provisions:
Scope and Applicability: Applies to data controllers and processors operating within Eswatini or using its infrastructure to process personal data .(ITLawCo)
Data Subject Rights: Grants individuals rights to access, correct, delete, and object to the processing of their personal data .(edpa.org.sz)
Automated Decision-Making: Addresses rights concerning automated profiling and decision-making, ensuring individuals are informed and can challenge automated decisions .(edpa.org.sz)
Data Breach Notification: Mandates data controllers to report personal data breaches to the Eswatini Communications Commission and affected individuals within specified timeframes .(edpa.org.sz)
Cross-Border Data Transfers: Regulates the transfer of personal data to countries outside Eswatini, ensuring adequate protection measures are in place .(Data Protection Africa)
Sanctions: Imposes penalties for non-compliance, including fines and imprisonment for severe violations .(ITLawCo)
🛡️ Eswatini Data Protection Authority (EDPA)
The Eswatini Communications Commission (ESCCOM) serves as the Eswatini Data Protection Authority (EDPA), responsible for administering and enforcing the Data Protection Act. The EDPA's functions include regulating personal data handling, investigating breaches, resolving complaints, and issuing sanctions .(InsideBiz, edpa.org.sz)
Registration Requirements:
Entities involved in processing personal data are required to register with the EDPA. The registration process includes:(edpa.org.sz)
Data Controllers: Organizations determining the purpose and means of data processing.(ITLawCo)
Data Processors: Entities processing data on behalf of data controllers.(ITLawCo)
Data Protection Officers (DPOs): Organizations must appoint DPOs to ensure compliance with the Act.(ITLawCo)
Registration periods are specified, and failure to comply may result in penalties .
🤖 AI Initiatives and Strategic Developments
While Eswatini does not yet have a national AI law, the country is actively exploring the integration of AI into its development agenda:
AI Indaba 2024: Eswatini hosted its inaugural AI Indaba, bringing together policymakers, researchers, and international partners to discuss harnessing AI for sustainable national development. The event emphasized AI's role in addressing challenges such as youth unemployment, health, and agriculture .(United Nations Eswatini)
National AI Strategy: Plans are underway to develop a National AI Strategy and a Fourth Industrial Revolution (4IR) Strategy in the 2024/2025 fiscal year. These frameworks aim to guide Eswatini's integration of AI into key sectors like education, health, and agriculture .(United Nations Eswatini)
Collaboration with UNDP: The United Nations Development Programme (UNDP) and the University of Eswatini (UNESWA) signed a Memorandum of Understanding to collaborate on research and the development of innovative solutions in sustainable development, utilizing AI and machine learning theories .(UNDP)
✅ Summary
National AI Law: Currently, Eswatini does not have a dedicated national AI law.
Data Protection Legislation: The Data Protection Act No. 5 of 2022 provides a comprehensive framework for the collection, processing, storage, and disclosure of personal data.(ITLawCo)
Regulatory Authority: The Eswatini Communications Commission serves as the Eswatini Data Protection Authority, responsible for administering and enforcing the Data Protection Act.(edpa.org.sz)
AI Initiatives: Eswatini is actively exploring the integration of AI into its development agenda through strategic initiatives and collaborations.
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