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What does the AU Data Policy Framework mean for African Digital Enterprises?

data protection in the AU

The AU Data Policy Framework is a document that provides guidance and recommendations for African countries to develop and implement data policies that support the digital transformation and economic integration of the continent. It also aims to foster a harmonized and interoperable data ecosystem that enables the free and secure flow of data across borders, while respecting human rights, privacy, and data protection. It serves more as a guideline than hard and fast rules but where are we right now?

State of data protection on the continent

Africa did not have a universally adopted Data policy framework but rather each country was drafting a policy within that country's jurisdiction. In Africa, a total of 33 countries have implemented legislation on data protection and privacy, 6 are in the draft legislation phase, and 19 either have no legislation or have no data available. The main aspects of these policies have so far been focused on 2 main aspects. The protection of personal data with cyber security standards to reduce the prevalence of access to personal data by unauthorized actors. The other is standards for systems that house data to reduce vulnerability to cyber attacks.

CountryLegislation
AngolaLaw No. 22/11, June 17, 2011 (passed)
BeninBook V of the Digital Code of the Republic of Benin Protection of Personal Data (passed) and Law No. 2009-09
BotswanaData Protection Act 2018 (passed)
Burkina FasoLaw No. 010-2004/AN (passed but has been revised, and the revision has not passed yet)
Cape VerdeLaw No. 133, Law No. 41 and Law No. 42 as a supplement (passed)
GabonLaw No. 001/2011 (passed)
GhanaData Protection Act of 2012 (passed)
Ivory CoastLaw No. 2013-450 (in French) (passed)
KenyaData Protection Act No. 24 of 2019 (passed)
LesothoData Protection Act 2011 (passed, not enforced)
MadagascarLaw No. 2014-038 (in French) (passed, not enforced)
MalawiPartial Protection via the Electronic Transactions and Cybersecurity Act No. 33 of 2016 (Has some provisions that cover personal data protection) (passed)
MaliLaw No. 2013/015 (in French) (passed)
MauritiusData Protection Act 2017 (passed)
MoroccoLaw No. 09-08 along with Implementation Decree No. 2-09-165
Data Regulator: CNDP
MozambiqueNo data protection law but some protections under the Constitution, Civil Code and the Penal Code
NigerLaw No. 2017-28 (passed)
NigeriaNigeria Data Protection Regulation (passed)
RwandaPartial, via the Information and Communication Technology Law No. 24/2016 (passed)
SenegalLaw No. 2008-12 (passed)
SeychellesData Protection Act of 2003 (not enforced yet)
South AfricaProtection of Personal Information Act (passed)
TogoLaw No. 2019-014 (in French) (passed)
TunisiaOrganic Act No. 2004-63
UgandaData Protection and Privacy Act 2019 (passed, not in effect yet)
ZambiaPartial via the Electronic Communications and Transactions Act No. 21 of 2009 (not passed yet)
ZimbabweCyber Security and Data Protection Bill (passed)
Source: (International Association of Privacy Professionals )

For a continent-wide data protection bill to be adopted is no mean feat. It involves institutional changes to the way individual countries and their institutional entities handle data. A certain level of standardization of data in how it is collected, processed, and stored means standardized systems and protocols at hardware and software levels across the board and across borders.

First and foremost, the lack of regulations across the continent underscores the need for resources. There is not enough funding allocated toward government employees training or creating entities within the government that could be responsible for data protection and privacy, in general.

(International Association of Privacy Professionals )IAPP

Tagged: AU Data Policy Framework, Cross-Border Trade, crossborder data flow, Cyber security, data economy, European Union, GDPR General Data Protection Regulation, SADC