Data Regulation in Africa: Free Flow of Data, Open Data Regimes and Cybersecurity

Abstract

Abstract: This chapter seeks to address the concerns associated with data regulation on the African continent. In particular, the paper zooms in on three major aspects of data regulation that hold the reigns to the potential development of the continent. These are the free flow of data, the adoption of open data regimes and cybersecurity. This will be in the general context of Africa, with a focus on regulatory instruments from the different bodies at continental and sub-regional level as well as some national legislation from countries that have developed any legislative instruments that address the same concerns. Emphasis will also be paid to the strides that have been taken by the European Union, the first continental body that has taken a geographically concerted approach to comprehensive data regulation. The aim is to draw lessons from such efforts with the intention of determining an appropriate African centred approach to data regulation, particularly in the context of increased inter-African trade as envisaged by the Agreement on the African Free Continental Trade Area and an enhanced digital economy as motivated for in the Digital Transformation Strategy for Africa (2020–2030).