Comprehensive regime
Data Protection Act No. 005 of 2023
Data Protection Act, Law No. 005 of 2023 (Federal Republic of Somalia)Text of the Data Protection Act
In force. Binds public and private bodies.
What this law does
In January 2026 the Authority announced that the Council of Ministers had approved regulations issued under article 41 elaborating the Act's provisions. Article 14 permits processing only on a lawful basis such as the data subject's consent, a contract, a legal obligation, an official function, or the data subject having intentionally made the data public, and article 15 requires purpose limitation, data minimisation, and accuracy.
Article 16 conditions a child's consent on a parent or legal representative, unless the child is sixteen or older and consenting to receive an online service at their own request, a threshold the Authority may lower to thirteen by regulation.
Articles 20 through 23 give a data subject the right to confirm, access, correct, and delete their personal data, to withdraw consent, to object to certain processing, and not to be subject to a decision based solely on automated processing, including profiling, that produces legal or similarly significant effects.
Article 25 requires notifying the Authority of a personal data breach within seventy-two hours of becoming aware of it, and notifying each affected data subject without undue delay where the breach poses a high risk. Articles 30 and 31 condition a cross-border transfer on the recipient affording an adequate level of protection under a multi-factor test, or on a specific ground such as the data subject's informed consent.
Articles 32 through 34 require a data controller of major importance to register with the Authority and designate a data protection officer.
Article 37 lets the Authority order a remedy, compensation, or an administrative penalty of up to USD 1,000,000 or its Somali currency equivalent for a violation, article 38 makes failing to comply with such an order a separate offence carrying the same fine and up to two years' imprisonment, and article 40 lets an injured data subject recover damages through civil proceedings.
What it requires