13 Aug 2025

The Digital Service Bill, 2025, (Bill No. 23 of 2025) is expected to provide for the regulation of digital services, enhance the management and promotion of digital services and processes.

It will also establish the Digital Services Authority in Botswana to accelerate the country’s digital transformation agenda.

The Minister of Communications and Innovation, Mr David Tshere presented the Bill before Parliament on August 12 under a certificate of urgency.

Presenting the Bill for the second reading, Mr Tshere said once the Digital Services Authority was established, it would be responsible for the coordination and implementation of the country’s digital transformation agenda

He said the authority would also facilitate the development of quality standards, enforcement of interoperability of infrastructure and systems and universal access to digital services by citizens of Botswana.

The minister said Part one of the Bill, published on August 8, provided the definition of terms used in the law. “This law will apply both for public and private bodies that provides digital services and that carries out their businesses into, or from Botswana, irrespective of their physical location from which their activity was carried out,” he said.

He said the part also provided that the law shall not apply to the provision of digital services by, and on behalf of the state to the extent necessary, where it involved national security, defence or public safety. Minister Tshere said the Second part of the Bill provided for a guiding principle for the provision of digital services, which included the need to focus digital services on the need of the public and businesses in the delivery of services.

He said it was also for the need to drive digital transformation through the development and utilisation of innovative design and integrated business processes, which were streamlined, collaborative and public-focused for enhancing service delivery.

The minister said Part three provided for the establishment of Digital Services Authority, as a public office governed by the laws regulating the public service.

Once established, he said the authority would be headed by the Digital Services Director General, who shall be responsible for the supervision of day-to-day affairs and the administration of the authority, enhancing the authority or ensuring that the authority carries out the functions and duties placed unto it in terms of this Act.

Furthermore, in Part four, the minister said the Bill provided for how digital services were to be regulated in terms of the law, as well as for the obligation on public and private bodies to develop accessible digital platforms for the provision of digital services.

Mr Tshere said it was also for the establishment of national standards, architecture blueprint and interoperability protocols for each infrastructure element for use by public and private bodies to enhance secure communication online, verify identities online and ensure data integrity.

“The part further places an obligation on the ministry responsible for national registration to develop a digital platform to enable the verification of identities online, by passing a unique identifiable number to natural persons,” he said.

He said the part further provided that where any law required a payment to be made, or received, the requirement of the law was fulfilled if payment was made or received by secure electronic means.

 Part five, he said provided for the authority to develop and coordinate national open data policy and for the public body to publish such data assets as a machine-readable and electronic formats. 

He said the part further provided that the authority shall develop and maintain an enterprise data inventory in order to develop a clear, comprehensive understanding of the data assets in the possession of the body.

In Part six, Minister Tshere said the Bill provided that a public and private body shall ensure that the security measures and safeguards were embedded and adhered to in the provision of digital services in line with the relevant laws and policies.

He also noted that Part seven of the Bill provided for miscellaneous provisions, including a clause, which empowered the authority to conduct periodical audits on public and private bodies to ensure compliance with standards set up by the authority.

“The part further provides for the offenses and penalties, for any contravention of the provisions of this law, and a transitional arrangement that provides for a grace period of 24 months for public and private bodies to meet the requirement set by the law,” he added.  ENDS