The Act does not specifically provide for BCR, however,
comparative laws such as POPIA provide for such under data
transfer provisions. POPIA defines BCRs as ‘personal information
processing policies, within a group of undertakings, which are
adhered to by a responsible party [controller] or operator
[processor] within that group of undertakings when transferring
personal information to a responsible party or operator within
that same group of undertakings in a foreign country60.

(b) transfer is for performance of a contract between data
subject and controller in response to data subject
(c) transfer is for conclusion of contract or to be concluded
in the interest of data subject
(d) transfer is necessary or legally required on public
interest grounds
(e) transfer is to protect vital interests of the data subject
(f) transfer is made from public register and information is
publicly available

STANDARD CONTRACT
CLAUSES

These provisions are similar to the POPIA under Section 72(1).
Code of Conduct

SADC as a regional economic community adopts its data
protection laws and requires all members that intend to send
data from SADC to abide by set standard of rules. These rules
will be applicable to all member states intending to send data
to a non-SADC member state.
Such BCR and SCC rules must include all general data protection
principles and enforceable rights to ensure appropriate
safeguards for data transfers and protection of data subject’s
rights. They must be legally binding and enforced by every
member concerned of the group.

TRANSFER TO
COUNTRY OUTSIDE
ZIMBABWE WHICH
DOES NOT ASSURE
ADEQUATE LEVEL
OF PROTECTION
The transfer of data is intended to advance the data subject
rights, or pursuit of legitimate controller interests or other basis
provided at law. Therefore, even if there is no adequate
protection offered in the recipient country or international
organisation, data transfers can take place according to Section
29 (1) if the:
(a) data subject has consent to the transfer

M I S A

Z I M B A B W E

•

G U I D E

T O

T H E

Z I M B A B W E A N

Part VIII of the Act provides for the adoption of codes of conduct.
Section 30 (1) allows the Authority to adopt guidelines and
approve codes of conduct and ethics governing data controllers
conduct and the various categories of data controllers.

WHAT IS A CODE
OF CONDUCT?
The Act defines a code of conduct as “data use charters drafted
by the controller in order to institute rightful use of IT resources,
the Internet, and electronic communications of the structure
concerned, and which have been approved by the Data
Protection Authority”.
A code of conduct is a set of rules laid down by an association,
or by an industry, or profession with the intention of regulating
the conduct of the association members, industry members
or professionals in respect of data processing. The codes of
conduct can be classified according to different associations.
The codes of conduct ordinarily include voluntary monitoring
mechanisms to allow for members compliance, enforcement
and supervision, though the final supervisory body is the
Authority. Codes of conduct are helpful for data controllers to
enforce good industry or profession wide data processing
practices and challenges can be resolved through an industry
wide approach.

60

C Y B E R

POPIA section 72 (2).

A N D

D A T A

P R O T E C T I O N

A C T

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