This chapter explores existing data protection laws in 40 African countries. Particularly, the chapter analyses the existing data transfer mechanisms for intra-African data transfer within these frameworks. In light of growing interest in international data transfers globally, like the rest of the world, Africa’s focus has been on legal approaches to transferring data out of the continent. This outward-facing perspective on data transfers can be attributed to the need to align with international best practices, integration, and participation in the global digital economy. However, efforts to improve intra-African trade in goods and services on a continent with the lowest intra-continental trade, particularly in this digital era, appear to be redirecting the focus back to Africa, owing to continental-wide initiatives to ensure the free flow of goods and services among countries. The chapter examines intra-African approaches by identifying, categorising and analysing the tools and conditions applicable to intra-African data transfers. A cursory look at cross-border transfer provisions reveals that the laws provide mechanisms for facilitating transfers similar to those found in widely adopted laws such as the European Union General Data Protection Regulation (GDPR). However, a closer look reveals that the conditions for implementing some of the tools vary, indicating unique adaptations of data protection regulations that could impact the free flow of data within the continent. Therefore, the chapter aims to provide policymakers, lawmakers, and practitioners with a clear understanding of Africa's diverse and nuanced landscape to ground and support data protection interoperability efforts and facilitate the flow of data within the continent.

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Navigating the Data Transfer Maze: Understanding Intra-African Approaches to Data Transfers

  • Mercy King’ori,
  • Ridwan Oloyede

摘要

This chapter explores existing data protection laws in 40 African countries. Particularly, the chapter analyses the existing data transfer mechanisms for intra-African data transfer within these frameworks. In light of growing interest in international data transfers globally, like the rest of the world, Africa’s focus has been on legal approaches to transferring data out of the continent. This outward-facing perspective on data transfers can be attributed to the need to align with international best practices, integration, and participation in the global digital economy. However, efforts to improve intra-African trade in goods and services on a continent with the lowest intra-continental trade, particularly in this digital era, appear to be redirecting the focus back to Africa, owing to continental-wide initiatives to ensure the free flow of goods and services among countries. The chapter examines intra-African approaches by identifying, categorising and analysing the tools and conditions applicable to intra-African data transfers. A cursory look at cross-border transfer provisions reveals that the laws provide mechanisms for facilitating transfers similar to those found in widely adopted laws such as the European Union General Data Protection Regulation (GDPR). However, a closer look reveals that the conditions for implementing some of the tools vary, indicating unique adaptations of data protection regulations that could impact the free flow of data within the continent. Therefore, the chapter aims to provide policymakers, lawmakers, and practitioners with a clear understanding of Africa's diverse and nuanced landscape to ground and support data protection interoperability efforts and facilitate the flow of data within the continent.