The Data Protection Commission launches new Registration and Compliance Software and announces Amnesty

The Data Protection Commission officially launched a new Registration and Compliance Software on Thursday 8th October 2020, under the theme: “Enabling Transparency towards Trustworthy Transformation.”

Section 97 of the Data Protection Act, 2012 (Act 843) mandates that a Data Controller incorporated or established after the commencement of this Act shall be required to register as a Data Controller within twenty (20) days of the commencement of business. A Data Controller in existence at the commencement of this Act shall be required to register as a Data Controller within three months after the commencement of this Act.

The enhanced Registration and Compliance Software (RegSys) has been designed to streamline the registration and renewal process and improve the user experience for Data Controllers and Processors.

In accordance with section 94 of the Data Protection Act 2012 (Act 843), the Minster of Communications exercised her powers to extend the transitional period for Data Controllers to register with the Commission.

The Data Protection Commission declared a six (6) month section 97 Amnesty period from 1st of October 2020 to 31st March 2021, during which any applicable arrears will be waived allowing defaulting Data Controllers to register with the Commission and pay the current years fee due only.

Data Controllers who fail to register with the Commission will be non-compliant and subject to enforcement action including payment of all arrears going back to 2012 (where applicable) and enforcement action.