ARUSHA, December 24, 2024 – – The East African Community [EAC] has taken a significant step towards harmonising data governance frameworks across its eight Partner States. This comes after the EAC Secretariat convened a Regional Workshop for Data Experts on Cross-Border Data Flows.
This initiative forms part of the Eastern Africa Regional Digital Integration Project [EARDIP] Data Market Development and Integration objective to establish a seamless and secure environment for cross-border data flows across the region.
“This workshop reaffirms our steadfast dedication to positioning the EAC as a leader in digital transformation and regional integration,” stated EAC Deputy Secretary General in charge of Customs, Trade and Monetary Affairs, Annette Ssemuwemba while officiating the workshop.
“Through collaboration and the creation of a harmonised framework for cross-border data flows, we are laying the foundation for a digitally interconnected region that fosters innovation, boosts trade, and elevates our global competitiveness,” she emphasised.
The workshop provided a platform for regional policymakers to deliberate and reach consensus on the modalities for developing a region cross-border data exchange mechanism. This mechanism expected to establish a unified approach to data governance, enabling secure, ethical and responsible data sharing across borders.
Speaking during the workshop, World Bank Senior Digital Development Specialist, Cecilia Paradi-Guilford, underscored the critical role of data sharing in fostering trust and boosting the digital economy. “EARDIP seeks to create an integrated digital market across Eastern Africa, boosting connectivity, data flows and digital trade.
This workshop is a vital step in aligning Partner States around key principles and mechanisms that will guide the establishment of a regional framework for cross-border data flow,” she noted.
The workshop deliberated on the national data protection landscape in the region, revealing significant disparities in legislation and institutional capacities among the Partner States. It was noted that among the eight Partner States, South Sudan was yet to enact a national data protection law. The workshop further noted that only five countries, Kenya, Rwanda, Somalia, Uganda and Tanzania had established dedicated data protection authorities.
These gaps further underscored the urgency for a harmonised legal framework to address the inconsistencies and bolster regional data governance. The regional experts called for harmonisation of legal framework noting it a critical enabler for fostering trust, personal data protection, and unlocking economic opportunities across the region.
In aligning with international best practices such as the European Union General Data Protection Regulation [GDPR] and the Asia-Pacific Economic Cooperation [APEC] mechanisms, the workshop noted the importance of aligning Partner States’ diverse data protection regimes with global standards while tailoring solutions to the region’s unique context.
As critical stakeholders in the development of a digital economy, private sector representatives highlighted the adverse effects of fragmented legal frameworks and data localisation requirements, which hinder investment and innovation. However, the private sector also recognised the transformative potential of harmonised regulations, which would facilitate seamless cross-border operations, enhance data security, and attract greater investment in the region’s digital economy.
In its closing, the workshop resolved to prioritise the establishment of a Technical Working Group [TWG] that will comprise representatives from Data Protection Authorities, Attorney Generals’ Chambers, Ministries responsible for ICT, ICT Authorities from each Partner State and the EAC Secretariat.
This multidisciplinary team will be tasked with drafting the principles for the cross-border data flow framework, guiding the development of a piloting program, and shaping the eventual EAC Data Protection and Privacy Act.
The TWG’s responsibilities are both comprehensive and strategic. They include creating a roadmap for the implementation of the cross-border data flow framework, which will incorporate key principles and lessons from a pilot program designed to inform the legislative process.
The group will also oversee the technological aspects necessary for the framework’s success, such as mechanisms for consent management. With a mandate to conduct consultations, validations, and capacity-building sessions, the TWG will ensure that the framework is robust, adaptable, and reflective of the region’s needs and aspirations. This collaborative and consultative approach underscores the EAC’s commitment to inclusivity and technical excellence.
Beyond its technical role, the TWG represents a pivotal mechanism for fostering regional integration in the digital economy. By aligning Partner States’ laws with global best practices while addressing local contexts, the TWG will help create a legal environment conducive to innovation, investment, and trust in digital markets.
The outcomes of the TWG’s work are expected to not only streamline data governance within the EAC but also set a precedent for other regional economic communities, while making the EAC a model for regional data governance on the continent.
Cross-border data flow serves as a cornerstone for unlocking the vast potential of the EAC’s digital economy, driving seamless trade, and catalysing innovation across the region. Establishing harmonised data protection laws will not only foster trust among stakeholders but also attract significant investments by creating a secure and predictable regulatory environment. This unified approach will position the EAC as a leader in digital integration, paving the way for sustainable growth and global competitiveness in an increasingly interconnected world.
About the EARDIP
The EARDIP is a flagship initiative aimed at fostering a robust and interconnected digital economy across the EAC region. With support from the World Bank, the project is structured around four key components:
- Component 1: Connectivity Market Development and Integration: This component will provide support to develop terrestrial cross-border connectivity and expand backbone and last-mile connectivity to rural and remote communities.
- Component 2: Data Market Development and Integration: This component will provide support to the integration and development of the data market, to enable secure exchange, storage and processing of data across borders, including strengthening the environment for cybersecurity.
- Component 3: Online Market Development and Integration: This component will provide support to the integration and development of the online market, through targeted support for e-service enablers and digital skills.
- Component 4: Project Management and implementation: This component will provide technical assistance and capacity support for project preparation and implementation.
EARDIP’s comprehensive approach underscores its commitment to creating an integrated digital market that empowers businesses, enhances service delivery, and drives socio-economic growth in the region.
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