Photo of Mosa Mkhize

Mosa Mkhize is a policy advisor in the firm’s Africa Practice Group through which she provides strategic policy and regulatory advice to clients doing business with and across Africa.

Ms. Mkhize, a non-lawyer, has over a decade of experience in international trade and public policy. During this time, she has supported senior policymakers and private sector companies on a broad range of issues including policymaking and development, negotiating complex international trade deals, and advocating for policies and regulations related to science and technology. In addition to this, Ms. Mkhize’s capabilities include building strategic relationships and coalitions in support of smart technologies. Furthermore, she is currently working with government officials, private corporations, academia, and the general public on facilitating policies in the smart technology space.

There has been a substantial increase in the use of the Internet across the African continent, aided by ongoing investment into local digital infrastructure, reduction in the associated costs, and improved user access. This has allowed both individuals, and private and public entities, the ability to access, collect, process and/or disseminate personal data more easily, which has spurred a number of African countries to enact comprehensive data protection laws and establish data protection authorities. There is also a growing perception among African countries that there is a need to protect their citizen’s personal data, to regulate how public and private entities use personal data, and to establish data protection authorities tasked with enforcing these laws.

While countries like Kenya, Rwanda and South Africa now have comprehensive data protection laws, which share some elements found in the European Union’s General Data Protection Regulation (“GDPR”), many of the proposed data protection laws have specific rules that are different from those in other countries in Africa. Consequently, technology companies conducting business in Africa will be required to keep abreast of the evolving regulatory landscape as it relates to data protection on the continent.

Continue Reading Tech Regulation in Africa: Recently Enacted Data Protection Laws

South Africa’s Information Regulator (the “Regulator”) issued, on June 22, 2021, a Guidance Note on Exemptions from the Conditions for Lawful Processing of Personal Information (“Guidance Note”), arising under sections 37 and 38 of the Protection of Personal Information Act, 4 of 2013 (“POPIA”).  The purpose of the Guidance Note is to provide guidance to “responsible parties” who: (i) intend to apply for an exemption from one or more of the eight conditions for the lawful processing of personal information, as prescribed by POPIA (section 37 of POPIA), or (ii) may automatically be exempt from some of these conditions where the processing occurs in the performance of a “relevant function” (section 38 of POPIA).  In a media statement, also issued on June 22, 2021, the Regulator confirmed that the June 20, 2021 deadline for responsible parties to register their Information Officers (“IOs”) and Deputy Information Officers (“DIOs”) was postponed indefinitely.
Continue Reading South Africa: Guidance on POPIA Exemptions and Registration of Information Officers

In celebration of data privacy as a human right as part of South Africa’s Human Rights Day 2021, we feature special guest Advocate Pansy Tlakula, Chairperson of the Information Regulator of South Africa on Episode 12 of Covington’s Inside Privacy Audiocast. Together with Dan Cooper and Mosa Mkhize, we discuss the Information Regulator of