Privacy Notice

1. Introduction

1.1 Botswana Energy Regulatory Authority ("BERA", "we", "us" or "our") is committed to protecting your personal data and ensuring compliance with the Data Protection Act, 2024. This Privacy Notice explains how and why we collect, use, share, and retain your personal data, and informs you about your rights.

1.2 BERA is the Data Controller for all personal data it collects and processes. This means BERA determines the purposes and means of processing your data, whether in physical or electronic form, and is responsible for ensuring compliance with data protection principles.

1.3 In certain scenarios, BERA may jointly determine data processing purposes with other organisations (regulators, government entities, or strategic partners). In such cases, both parties are Joint Controllers and share responsibility for the data.

1.4 We may engage Data Processors who are third-party entities that process personal data on our behalf. These processors are bound by contractual obligations to ensure data is handled in accordance with our instructions and applicable legal safeguards.

2. Who This Privacy Notice Applies To

2.1 This notice applies to all individuals whose personal data is processed by BERA, including:

• Customers and clients
• Employees
• Suppliers, vendors, and contractors
• Visitors to our premises or website
• Any individuals engaging with BERA's services

3. Personal Data We Collect

3.1 We may collect the following categories of personal data:

• Identity details (e.g., name, ID/passport number)
• Contact details (e.g., email address, phone number, postal address)
• Employment and professional details
• Financial and banking details
• System and access information (e.g., IP address, log data)
• Other data necessary for legal or operational purposes

4. Purposes for Processing Personal Data

4.1 We may collect and process your personal data for the following purposes:

• To fulfil contractual obligations
• To comply with legal and regulatory requirements
• To manage human resources
• To ensure security and access control
• To support procurement and supplier management
• To facilitate communications, stakeholder engagement, and complaints handling
• For operations related to regulation of licensees and regulated entities

5. Legal Bases for Processing

5.1 If we process your personal data, we do so based on the following lawful grounds:

• Consent: where you have freely given specific and informed consent.
• Contractual Necessity: to perform or enter into a contract with you.
• Legal Obligation: to comply with applicable laws and regulations.
• Legitimate Interests: for purposes such as business continuity and fraud prevention.
• Vital Interests: to protect life or prevent serious harm.
• Public Interest: where processing is necessary for tasks carried out in the public interest or in the exercise of official authority vested in BERA.

6. Sharing of Personal Data

6.1 Your data may be shared with:

• Government agencies and regulators
• Law enforcement where legally required
• Third-party service providers under binding agreements
• Financial institutions and auditors
• Other parties where disclosure is necessary and lawful

7. Cross-Border Data Transfers

7.1 Where data is transferred outside Botswana, we ensure appropriate safeguards are in place, in accordance with the Act.

8. Data Retention

8.1 We retain personal data only for as long as necessary for the purpose collected, or as required by law, after which it is securely disposed off.

9. Data Security

9.1 We employ technical and organisational measures to protect your data from unauthorised access, loss, or misuse.

10. Your Rights as a Data Subject

10.1 Under the Data Protection Act, 2024, you have the right to:

• Access your personal data
• Request correction or deletion
• Restrict or object to processing
• Withdraw your consent
• Request data portability
• Lodge a complaint with the Information and Data Protection Commission

11. Changes to this Privacy Notice

11.1 We reserve the right to update or revise this Privacy Notice from time to time to reflect changes in our practices or legal requirements. We encourage you to review this Privacy Notice periodically for any updates.

12. How to Contact Us

12.1 If you have questions or want to exercise your rights, please contact our Data Protection Officer at:

• Email: dataprotection@bera.co.bw
• Phone: (+267) 316 1064