Madagascar Law 2014-038 compliance and requirements, so your data handling holds up when someone asks.

What it is

What is Madagascar's Law 2014-038 and what is it used for?

The Law on the Protection of Personal Data (Loi n° 2014-038) is Madagascar's personal data protection law. It applies to automated and non-automated processing carried out wholly or partly in Madagascar, and to controllers established in Madagascar or using processing means located there.

The Commission Malagasy de l'Informatique et des Libertés (CMIL), the independent authority the Law creates, supervises compliance and holds regulatory and sanctioning powers. The practical test: for any personal data you hold, could you show its purpose and basis, who was told, how it is protected and where it goes?

Current law. Adopted by the National Assembly on 16 December 2014 and promulgated on 9 January 2015; published in Journal Officiel n° 3630 of 20 July 2015 according to the government legislation portal, which lists it as in force. Confirm current wording and the authority's guidance with your legal advisers.

Who it is for

Who needs to comply with Madagascar's Law 2014-038?

The Law reaches organisations of every size that handle personal data in Madagascar. Organisations usually come to Sterling for a structured programme from one of four directions:

• Any organisation processing personal data in Madagascar. The Law covers processing carried out wholly or partly in Madagascar and controllers established there or using processing means located there.
• Outsourcing and offshore service firms handling data for foreign clients. Transfers to another State need similar protection there or the CMIL's authorisation, and a processor acts only on the controller's instructions.
• Employers, hospitals, schools and organisations holding biometric or health data. Sensitive categories are banned unless an exception applies, and the Decree requires prior authorisation and reinforced security.
• Public bodies and private bodies running a public service. Their automated processing is decided by a regulatory act after a reasoned opinion from the CMIL.

The aim is handling of personal information that you control and can evidence. Compliance depends on how the rules are applied every day, not on a policy document alone.

Requirements

What are the main Madagascar Law 2014-038 requirements?

Strip away the vocabulary and Madagascar's personal data law requires a business to handle personal data in six clear ways. The list below puts each one in business terms; the Law and the regulator's guidance give the full wording and exceptions.

• Declare processing or appoint a delegate: computerised processing is declared to the CMIL before it starts, or a resident data protection delegate keeps the register; risky processing needs authorisation.
• Collect fairly, for stated purposes only: data is gathered lawfully for explicit purposes, kept accurate and no longer than needed, and processed only with consent or another ground the Law lists.
• Treat sensitive data as off limits: health, biometric, genetic, religious, trade-union and similar data may not be processed unless a listed exception applies, such as express consent.
• Inform people and honour their rights: people are told who collects their data and why, and can access it, correct it, object to its use and refuse marketing.
• Secure data and control your processors: controllers protect data against loss, alteration and unauthorised access, and bind processors by contract to act only on instructions.
• Send data abroad only on safe terms: transfers go only to countries with similar protection, or with the CMIL's authorisation backed by contract clauses or internal rules.

Compliance route

How do you achieve Madagascar Law 2014-038 compliance?

There is no certificate at the end of this route. Compliance is something your organisation demonstrates, to the CMIL if a complaint or incident arises, and to customers who ask. Sterling helps you build and run the programme; interpretation of the law in contested cases remains with your legal advisers and, ultimately, the regulator and the courts.

1. 01
   Map the personal information you handle.Customers, staff, users and suppliers: what is collected, for which purpose, on which basis, where it is stored, who processes it for you and whether it leaves Madagascar.
2. 02
   Gap analysis: compare current practice with the Law.Each area of the Law reviewed against what actually happens, with actions, owners and dates agreed.
3. 03
   Put the controls and routines in place.Complete the formalities the Law asks for, rewrite notices and consent wording, put security measures and processor contracts in place, name who is responsible and agree a breach procedure.
4. 04
   Test the programme and review the results.Internal review of samples, a simulated incident or data-subject request, and a management review that closes findings with evidence.
5. 05
   Operate, demonstrate and keep it current.Answer requests, record incidents and report them as the Law requires, keep formalities current, review transfers, refresh training and follow the CMIL's guidance as it is issued.

Check the route before you sign. The Law creates no certificate of compliance, so treat any offer of a "Madagascar Law 2014-038 certificate" with suspicion. If a customer wants independent assurance, ISO/IEC 27701 or ISO/IEC 27001 is certifiable by an accredited certification body; confirm the body's accreditation scope directly with the accreditation body concerned.

Cost

How much does Madagascar Law 2014-038 compliance cost?

The cost of a Madagascar Law 2014-038 programme is driven by how much personal information you hold, how many systems and suppliers touch it, and how much already works. Your proposal shows each component, with what is included and what remains for your legal advisers.

Timeline

How long does Madagascar Law 2014-038 compliance take?

Timing depends on how scattered your personal information is, how quickly system owners respond and how much has to change. Your proposal sets out the phases for your scope, long enough to map the information, fix the gaps and show that requests and incidents are handled the way the procedures say.

If a customer or contract has set a date, tell us at the outset and we will say plainly what can be in place by then and what should follow.

Your engagement

What your Madagascar Law 2014-038 engagement includes

Your scope covers the full programme, from the information map to evidence that runs. Sterling does not certify, attest or validate compliance with the Law, and the Law creates no certificate of compliance; the CMIL supervises it, and we work alongside your legal advisers.

• Information map, gap analysis and plan

  Sources, systems, suppliers and overseas flows, with actions and owners agreed.

• Policies, notices and procedures

  Notices, consent wording, request, security and breach procedures, processor contract terms and transfer documents, drafted from Sterling's own templates with your teams.

• Effivity ISO & GRC software

  Registers, requests and incidents managed in Effivity, included with the engagement at no additional cost.

• Training for everyone

  Internal auditor training for your review team, as applicable to your standard, and preferential Sterling Academy access, including complimentary awareness training for your people as part of the engagement.

• Internal review and management review

  Sample testing, an incident exercise and findings closed with evidence.

• Formalities support

  Help preparing the formalities the Law asks for and the responsible person's role, with findings closed with evidence.

Sterling OS™ sets how we deliver. Design™ is guided support, where your team builds the programme with our consultants' direction; Drive™ is managed support, where our consultants do most of the work with your input. You choose one of the two, not both in sequence. Once the programme is operating, Sustain™ keeps reviews, training and updates on schedule, and Automate™ is Effivity, where the records live.

The Commission Malagasy de l'Informatique et des Libertés (CMIL), the independent authority the Law creates, supervises compliance and holds regulatory and sanctioning powers.

Often combined with

Standards organisations pair with Law 2014-038 (Madagascar)

• ADGM Data Protection Regulations 2021ADGM data protection compliance for entities under the 2021 Regulations: lawful bases, DPO, impact assessments, 72-hour breach notice and transfers, all-inclusive proposal.
• APEC CBPRAPEC CBPR certification and requirements explained: Global CBPR and PRP, Accountability Agent review, annual renewal and how Sterling prepares your team.
• APPI (Japan)APPI compliance for Japan's Act on the Protection of Personal Information: the requirements, PPC breach reporting, cross-border rules and an all-inclusive programme.
• Bahrain PDPLBahrain PDPL compliance and requirements explained: consent, notification to the Authority, transfers abroad, 72-hour breach reporting, rights, cost and timing.
• CCPA / CPRACCPA compliance and requirements under the CPRA: notices, consumer rights, opt-outs, risk assessments, cybersecurity audits and ADMT, in an all-inclusive programme.
• Cyber and Data Protection Act (Zimbabwe)Zimbabwe's Cyber and Data Protection Act [Chapter 12:07]: POTRAZ licensing, lawful processing, security and transfers, built into a programme.