LIBERALISING CROSS-BORDER DATA FLOWS IN AFRICA TO UNLOCK THE CONTINENT'S DIGITAL ECONOMY

AN ANALYSIS OF DATA FLOW RESTRICTIONS IN THE EAC AND ECOWAS ECONOMIC COMMUNITIES.

Clinic: Kenyatta University, Spring 2022

Beneficiary: Mandela Institute of the University of Witwatersrand

Executive Summary

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Cross-border data flows have become an integral aspect of globalisation in the 21st century. Almost every type of cross-border transaction has a digital component the global economy has become increasingly data dependent. However, cross-border data flows are not consistently orderly and safe. They may pose serious challenges to national security interests, regulatory frameworks, and even law enforcement. Furthermore, as we become increasingly reliant on data for daily activities, new concerns arise including privacy and economic development.

Accordingly, these concerns necessitate effective regulation for cross-border data flows. As a result, governments have started updating and adapting data-related policies to the digital including restrictions on the cross-border flow of data. Reasons for introducing restrictions differ from country to country, but typically include one or more of the following justifications such as data privacy, protection, national sovereignty integrity, and security. Leading actors such as the European Union (EU), the United States of America and China have created regulatory regimes replicated across the globe.

African countries have also adopted differing approaches to cross-border data restrictions. This study will analyse the regulatory trends in the ECOWAS and EAC regional economic communities while drawing comparisons with the established models of the developed world. It will discuss the type of restrictions at the national level, the types of data regulated and their underlying rationale.

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