The above provisions show different approaches to handing of cross border
transfers, ultimately however, the information flows as these laws have
exceptions, for instance, Zimbabwe section 29 provides for "a transfer or a set
of transfers of data to a country outside Zimbabwe which does not assure an
adequate level of protection may take place in one of the following cases", and
then lists about six conditions that are acceptable for information to be
transferred even without adequate country protection. The laws all include
framing of some level of "adequate level of protection" (Eswatini, Botswana,
Zimbabwe, South Africa) or "appropriate safeguards (Mauritius). Eswatini
supposes that transfers will be to SADC countries that have transposed the
SADC Law, Lesotho and South Africa adds that the conditions must be
'substantially similar to the conditions for the lawful processing of personal
information and includes provisions that are substantially similar to the
sections' approving transfers.
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