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Madagascar

Law No. 2014-038 on Personal Data Protection

Africa🔵 Substantial
Compliance Score
36%
5 Addressed
7 Partial
2 None

Authority

Commission Malagasy de l'Informatique et des Libertés (CMIL)

Overview

Madagascar’s data protection regime rests on Law No. 2014-038 of January 9, 2015, a comprehensive statute that imposes prior declaration or authorization requirements on most personal data processing activities. Enforcement is entrusted to the Commission Malagasy de l’Informatique et des Libertés (CMIL), an independent administrative authority that only became fully operational in December 2023—nearly nine years after the law’s enactment . Since then, the CMIL has begun exercising its supervisory powers, including warnings, compliance notices, authorization withdrawals, and financial sanctions of up to 5% of the previous financial year’s pre-tax turnover . Criminal penalties for processing without prior declaration or authorization range from six months to two years’ imprisonment . Organizations must also appoint a Data Protection Officer in certain cases and maintain detailed processing registers. Notably, the law does not establish a general obligation to notify the CMIL or affected individuals of data breaches—a gap that distinguishes Madagascar from GDPR-style frameworks . The 2024 ratification of the Malabo Convention signals Madagascar’s intent to align further with continental data protection standards, though domestic implementing reforms remain pending.

14-Topic Coverage Analysis

Data Protection Authority
Addressed
Consent Requirements
Addressed
Data Subject Rights
Addressed
Cross-Border Transfer
Addressed
Breach Notification
Partial
DPO Requirements
Partial
Children's Data
Partial
Penalties & Enforcement
Addressed
Sector-Specific Rules
Partial
Cookie/Tracking
Partial
AI & Automated Decisions
None
Data Localisation
Partial
Significant Data Fiduciary
None
Government Data
Partial

? Frequently Asked Questions

What are the breach notification requirements in Madagascar?+
Madagascar's Law 2014-038 has very limited breach notification requirements. It may only require notifying the CMIL (regulator) without mandating notification to affected individuals. Organizations should still follow best practices.
Does Madagascar require a Data Protection Officer (DPO)?+
Partially. The law may require a DPO only for specific high-risk organizations or public bodies. It is not universally mandatory for all private businesses.
How does Madagascar handle data localisation?+
Madagascar does not mandate general data localisation. However, specific sectoral laws (like finance or health) might require data to be stored locally. Cross-border transfers typically require adequate protection.