Session
Theater
Duration (minutes): 90
Format description: In a theatre-style setup, seating is arranged in rows facing a central stage or podium, creating a focal point for speakers. This layout encourages the audience to direct their attention towards the front, facilitating better visibility and communication. Additionally, the raised platform of the stage enhances the visibility of speakers, making it easier for them to address the audience effectively. Moreover, the structured layout of theatre-style seating promotes a sense of formality, which can be conducive to productive discussions. Overall, the theatre style allows for optimal visibility, communication, and engagement, making it an ideal choice for open forums where active participation and dialogue are key.
In today’s digital era which is increasingly reliant on data-driven economies, understanding the ramifications of national data policies and data governance regimes on cross-border data flows is paramount. As data becomes a cornerstone of economic growth and societal development, for Africa, remarkable opportunities can arise in the near future from the ongoing digital transformation and the ever-increasing production and use of data to support the development of a sustainable and inclusive data-driven economy and society and this is in line Agenda 2063 development and integration goals. As the continent is moving towards the transition to a consolidated African Digital Single Market, there is a need for facilitating data access and enabling data to flow across borders, by ensuring interoperability of data systems, building trust between business and consumers, aligning regulations across jurisdictions by governments and enhanced cooperation among large organizations dealing with data. To maximize data usage and data flows within and between African countries, foster value creation and enable African citizens to securely access data-driven digital services when needed regardless of location. The African Union (AU) in an effort to respond to these imperatives has developed the AU Data Policy Framework (DPF). The AU DPF emphasizes the need for enhanced harmonization of policy, legal and regulatory frameworks and strengthened cooperation among countries to remove existing barriers and restrictions on cross-border data flows. It also promotes continuous and collaborative efforts aimed at helping the continent to achieve a well-functioning data governance environment that can ensure equitable access to data-driven opportunities and preserve the benefits of secure and trusted cross-border data flows in support of intra-Africa digital trade while minimizing risks stemming from misuse of personal data and infringement of privacy. Similar to other regions, Africa is currently marked by a fragmented data governance landscape, lacks common definitions and understanding of basic concepts related to cross-border data flows, digital and data divide, limited coordination on data-related issues and countries adopting different approaches to regulate and safeguard data. This session seeks to discuss the multifaceted impacts of fragmented policies and data governance regimes on cross-border data flows in Africa. By convening stakeholders from government, industry, civil society, and academia, we aim to explore the nuances of national policies and approaches to data and their implications for regional digital economies. Through this interactive dialogue, participants will examine the potential trade-offs between data sovereignty, data capabilities and data accessibility, identifying opportunities for collaboration and policy innovation. Unpacking the complexities of data governance will provide solutions for charting a course towards a more interconnected and digitally inclusive Africa.
To create an equitable experience for both onsite and online participants, both onsite and online moderators will receive pre-session instructions to ensure ample consideration for online participants. This will involve prioritizing comments and questions from online participants before those physically present, acknowledging the inherent advantage of onsite attendance. To embrace the hybrid nature of the event, online and onsite moderators will foster an inclusive environment that bridges the gap between physical and virtual spaces. The online moderator will play an active role in engaging with participants through the chat function, fostering dynamic interaction throughout the session. Furthermore, all participants will be reminded by both onsite and online moderators at the outset of the session to uphold respectful discourse and adhere to the Internet Governance Forum’s code of conduct to promote a collaborative and inclusive atmosphere for meaningful exchange.
GIZ
Souhila Amazouz, Senior ICT Policy Officer, Information Society Division, African Union Commission (AUC) (Organizer) Kuuku Sam, Data Policy Advisor, DataCipation, Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) (Rapporteur)
Dr. Vincent Olatunji, Commissioner, Nigeria Data Protection Commission, Government, African Group Lillian Nalwoga, Programme Manager, Collaboration on International ICT Policy for East and Southern Africa (CIPESA), Civil Society, African Group Paul Baker, International Economics Consulting Limited, Private Sector, Western European and Other Group Thelma Quaye, Director of Digital infrastructure, skills and empowerment, Smart Africa, Intergovernmental Organization, African Group
Souhila Amazouz, African Union Commission, Intergovernmental Organisation, African Group
Aretha Mare, Smart Africa, Intergovernmental organization, African Group
Kuuku Sam, GIZ
8. Decent Work and Economic Growth
9. Industry, Innovation and Infrastructure
10. Reduced Inequalities
17. Partnerships for the Goals
Targets: SDG 8 (Decent Work and Economic Growth) is relevant as it emphasizes the importance of promoting inclusive economic growth and ensuring decent employment opportunities. Understanding the impact of data localisation policies on cross-border data flows is crucial for fostering an environment conducive to job creation and sustainable economic development in Africa. Similarly, SDG 9 (Industry, Innovation, and Infrastructure) underscores the need for resilient infrastructure and fostering innovation, both of which are directly impacted by data localization policies and their effects on cross-border data flows. Furthermore, SDG 10 (Reduced Inequalities) highlights the importance of addressing disparities in access to technology and digital resources, which are exacerbated by barriers to cross-border data flows. Finally, SDG 17 (Partnerships for the Goals) emphasizes the necessity of cooperation and partnerships to address complex challenges such as data localization policies, underscoring the importance of collaborative efforts among governments, businesses, and civil society to navigate these borders effectively and maximize the benefits of data sharing and exchange in Africa.
Report
1. The current barriers to cross-border data flows in Africa include inconsistent data protection laws, restrictive data localisation policies, lack of harmonised regulations, limited digital infrastructure, and concerns over data privacy and security.
2. Data localisation policies increase costs for businesses in Africa especially small and medium-scale enterprises by requiring local data storage and infrastructure, limiting their ability to leverage global digital services and access international markets.
3. National data policies in Africa provide the foundation that can significantly influence economic growth, trade, innovation, and digital transformation by shaping data accessibility, regulatory consistency, and cross-border collaboration, with restrictive policies often hindering progress and integration.
1. Continental and regional organisations working on data governance must align and harmonise their activities to enhance coordination, avoid duplication of efforts, and advance the collective interests of the African continent.
2. The Regional Economic Communities and AU Member States must align with the African Union Policy Data Framework to prevent policy fragmentation and promote harmonisation across the continent.
The moderator, Dr. Mactar Seck set the scene by explaining that Africa's transition to a consolidated African Digital Single Market offers opportunities to build a sustainable, inclusive, data-driven economy aligned with Agenda 2063 and the AU Digital Transformation Strategy, emphasising the need for interoperable systems, regulatory alignment, and trust-building to enable secure cross-border data flows. Dr Seck added that the AU Data Policy Framework seeks to harmonise policies, legal frameworks, and cooperation to remove barriers, foster equitable access to data-driven opportunities, and support intra-African digital trade while ensuring privacy and data security. However, challenges remain due to fragmented governance, limited coordination, and varying national approaches to regulating data.
To accelerate the implementation of the AU Data Policy Framework and enable data flows between AU member states, Souhila Amazouz noted that it is crucial to focus on enhancing scalable, secure, and interoperable data storage infrastructure. Empowering national data protection authorities with the necessary resources and expertise will ensure effective enforcement of regulations and alignment with data governance practices. Strengthening cooperation with the Network of African Data Protection Authorities (NADPA) can harmonise policies, share best practices, and address data privacy and security challenges. Additionally, building the capacity of Regional Economic Communities (RECs) and developing standardised mechanisms for data categorisation, interoperability, and secure sharing will foster trust, facilitate data governance, and ensure equitable access and utilisation of data across the continent.
According to Thelma Quaye, barriers to cross-border data flows in Africa include the lack of harmonisation in policies, which leads to fragmentation and inefficiencies across regions. Building trust between governments and businesses is also a challenge, requiring the establishment of uniform security thresholds to create a "trust currency" across countries. From an economic perspective, attracting multinationals hinges on investing in modern cloud technologies over traditional government data centres. Regional organisations such as the Regional Economic Communities and Smart Africa can address these challenges by aligning and harmonising activities, ensuring better coordination to avoid duplication and serve the continent's collective interests effectively.
Lillian Nalwoga also added that AU Member States are increasingly adopting data localisation clauses in their policies, which raises the cost of doing business and risks isolating some countries, as seen in Uganda and Rwanda. Despite having data protection laws, many countries still face challenges in establishing functional data protection offices, hindering effective governance and regional data integration.
Dr. Vincent Olatunji believes that National data policies significantly influence economic growth, trade, innovation, and digital transformation across Africa by shaping the framework for cross-border data flows, which are essential for the success of initiatives like the African Continental Free Trade Area (AfCFTA). Robust data transfer mechanisms are critical to fostering the rapidly growing startup ecosystem and driving innovation across the continent. Additionally, digital transformation efforts are inherently dependent on effective data policies that enable seamless access, sharing, and utilisation of data.
Paul Baker also advised that data localisation policies, while offering some benefits, can significantly impact small businesses in Africa by raising the cost of doing business and limiting access to international markets. These policies often fail to address the lack of robust systems to combat cyber threats, leaving businesses vulnerable. Additionally, local businesses struggle to compete with the advanced cloud and analytical tools available in other regions, placing them at a disadvantage. This may hinder the effective implementation of trade agreements like the AfCFTA, which rely on seamless cross-border data flows to foster economic integration.
The session highlighted that cross-border data flows in Africa face significant challenges, including inconsistent data protection laws, restrictive data localisation policies, a lack of harmonised regulations, limited digital infrastructure, and concerns over data privacy and security. Data localization policies, while aimed at enhancing control, often increase costs for businesses, particularly small and medium-scale enterprises, by requiring local data storage and infrastructure. This restricts their ability to leverage global digital services and access international markets, limiting growth potential. National data policies were emphasised as crucial for shaping economic growth, trade, innovation, and digital transformation by fostering data accessibility, regulatory consistency, and cross-border collaboration. However, the discussion underscored that restrictive policies often hinder progress and regional integration efforts.
Panelists concluded that achieving harmonisation and secure cross-border data flows in Africa requires a multifaceted approach grounded in intentionality and collaboration. Harmonising data policies across countries is essential to prevent fragmentation and foster seamless integration. This effort must be forward-looking, anticipating future challenges and opportunities while empowering stakeholders, including governments, regional organisations, and data protection authorities, with the necessary resources and expertise. Collaboration is key, with a particular emphasis on fostering multi-stakeholder partnerships that actively engage the private sector to leverage their innovation, infrastructure, and insights. By aligning efforts and ensuring inclusivity, Africa can build a robust framework for secure and efficient cross-border data flows.
To address the challenges of cross-border data flows and unlock the full potential of the digital economy, African countries must prioritise the development of comprehensive national data policies and strategies. These will serve as the cornerstone for harmonised data governance, enabling seamless collaboration, fostering innovation, and driving economic growth across the continent. By committing to alignment and shared standards, Africa can overcome existing barriers and create a cohesive framework that supports regional integration and sustainable development. A unified approach to data governance is essential for shaping Africa’s digital future.