Botswana: technology regulation at a glance

Framework: Virtual Assets Act, 2022 and Virtual Assets Regulations, 2022, administered by the Non-Bank Financial Institutions Regulatory Authority (NBFIRA); AML/CFT under the Financial Intelligence Act, 2012. Crypto is legal but not legal tender (Bank of Botswana).

Crypto is legal in Botswana and subject to a comprehensive, in-force licensing regime. The Virtual Assets Act, 2022 took effect on 25 February 2022, requiring all virtual-asset service providers (VASPs) and issuers of initial token offerings operating in or from Botswana to be licensed by NBFIRA, with AML/CFT obligations under the Financial Intelligence Act. Crypto is not recognized as currency or legal tender by the Bank of Botswana, which has flagged minimal current financial-stability risk but continues to support regulation.

Framework: National AI Policy (in final drafting stage, Ministry of Communications and Innovation); interim governance via Data Protection Act 2024, Digital Services Act 2025, and Cybersecurity Act 2025

Botswana has no enacted AI-specific legislation as of May 2026. The Ministry of Communications and Innovation has publicly announced a National AI Policy in its 'final stage' of development, informed by a UNESCO AI Readiness Assessment completed in 2024-2025. In the interim, AI-adjacent governance rests on the Data Protection Act 2024 (in force from January 2025), the Digital Services Act 2025, and the Cybersecurity Act 2025, all of which touch AI use-cases without directly regulating AI systems.

Framework: Data Protection Act 18 of 2024 (in force 14 January 2025), supervised by the Information and Data Protection Commission (IDPC)

Botswana enacted a comprehensive data protection regime first under the Data Protection Act of 2018, which came into force in October 2021. That Act was repealed and replaced by Data Protection Act 18 of 2024, assented to on 29 October 2024 and in force from 14 January 2025, which significantly strengthens individual rights, regulator powers, and penalty thresholds. The supervisory authority is the Information and Data Protection Commission (IDPC), an independent body established in 2022.

Framework: Electronic Payment Services Regulations, 2019 (issued under the National Clearance and Settlement Systems Act, Cap 46:06, 2003), supplemented by the Bank of Botswana Electronic Payment Services Licensing Guidelines (2022); administered by the Bank of Botswana, with NBFIRA and BOCRA covering adjacent non-bank lending and telecom/mobile-money enablers.

Botswana operates an in-force licensing regime for digital payments: the Bank of Botswana licenses Electronic Payment Service (EPS) providers, including e-money issuers and money/value-transfer service providers, under the Electronic Payment Services Regulations 2019 and 2022 Licensing Guidelines, anchored in the National Clearance and Settlement Systems Act 2003. Core rails (the BISS/RTGS and the BACH automated clearing house) are operated by the central bank, and a register of licensed EPS providers is published. Some adjacent areas remain less developed: dedicated buy-now-pay-later rules are absent, open banking exists at policy level, and digital-credit fintechs still operate in a partly unregulated space pending broader reforms.

Framework: Immigration Act No. 3 of 2011, administered by the Ministry of Nationality, Immigration and Gender Affairs (MNIGA); work authorisation governed by the Ministry of Employment, Labour Productivity and Skills Development

Botswana has no dedicated digital nomad or remote-work visa. Tourist and visitor visas (up to 90 days for visa-exempt nationals) explicitly prohibit any form of work or service provision, including remote work. The most viable pathway for independent remote workers is the investor work permit combined with a residence permit, which allows self-employment but requires company registration and carries a complex multi-step process.

Framework: Multi-law patchwork: Cybercrime and Computer Related Crimes Act 2018, Electronic Communications and Transactions Act 2014, Digital Services Act 2025, Cybersecurity Act 2025 (Act 21 of 2025), Data Protection Act 2024, all overseen by the Botswana Communications Regulatory Authority (BOCRA)

Botswana regulates online content and safety through a set of overlapping sector-specific laws rather than a single comprehensive online-safety regime. The Cybercrime and Computer Related Crimes Act 2018 criminalises illegal online conduct; the Electronic Communications and Transactions Act 2014 provides ISP safe-harbour protections and BOCRA-administered takedown notices; and two major statutes enacted in August 2025, the Digital Services Act and the Cybersecurity Act, extend the digital governance framework, though neither replicates the EU DSA or UK Online Safety Act's platform-accountability model. No dedicated online-safety or content-moderation law exists, and internet access remains broadly open.

Framework: Cybersecurity Act, 2025 (Act 21 of 2025), administered by the Botswana Communications Regulatory Authority (BOCRA) with BwCIRT as the national CSIRT

Botswana enacted a standalone Cybersecurity Act (Act 21 of 2025) that establishes a comprehensive legal framework for cybersecurity governance, mandates identification and protection of Critical National Information Infrastructure (CNII), and imposes incident-reporting obligations on CNII operators and government institutions. It supersedes the earlier Cybercrime and Computer Related Crimes Act 2018, which has been repealed, and operates alongside the Data Protection Act 2024 (in force January 2025).

Framework: Companies Act (CAP 42:01, 2019 revision), administered by the Companies and Intellectual Property Authority (CIPA); Trade Act (local council trade licensing); Immigration Act (investor/director permits via Department of Immigration and Citizenship)

Botswana permits 100% foreign ownership in most sectors with no minimum paid-up capital for private company registration itself. Company formation is handled online via CIPA's Online Business Registration System (OBRS) and typically completes in 5-7 working days, but foreigners wishing to actively manage their business in-country must also obtain an Investor's Permit requiring a minimum investment of BWP 1 million (~USD 75,000), and at least one resident director is mandatory.