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Data processors and data controllers are advised to carry out comprehensive audits of their data collection and processing mechanisms so as to ensure compliance with the provisions of the DPA, which include but are not limited to the carrying out of a DPIA where the data processing activity carries with it potential risk to data subjects. Indeed, it is from the said substantive rights that the duties and obligations of data controllers and data processors arise, including the need to undertake a DPIA where the processing of personal data is likely to pose a risk to the data subject. We further note that there is no express provision under the DPA as to its retrospectivity.

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