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DRAFT AFRICAN UNION CONVENTION ON THE ESTABLISHMENT OF A
CREDIBLE LEGAL FRAMEWORK FOR CYBER SECURITY IN AFRICA
PREAMBLE
The Member States of the African Union:
Considering that this Draft Convention on the Establishment of a Credible Legal
Framework for Cyber Security in Africa embodies the existing commitments of African
Union Member States at sub-regional, regional and international levels to build the
Information Society, seeks to define the objectives and broad orientations of the
Information Society in Africa and to strengthen existing Information and
Communications legislations of Member States and the Regional Economic
Communities (RECs);
Mindful of the need to mobilize all public and private players (State, local communities,
private sector enterprises, civil society organizations, the media, training and research
institutions, etc) towards achieving cyber security;
Guided by the principles of the African Information Society Initiative (AISI) and the
Regional Action Plan for the Knowledge Economy (RAPKE);
Aware that it seeks to regulate a particularly evolving technological domain, is a
response to the high expectations of several players often with divergent interests and
sets forth the security rules essential for establishing a credible digital space through
electronic commerce organization, personal data protection and the combating of cyber
crime;
Considering that the major obstacles to electronic commerce development in Africa
are linked to problems of security, particularly:
•
The gaps affecting the regulation of legal recognition of data messages, as well
as recognition of electronic signature;
•
The absence of specific legal rules that protect consumers, intellectual property,
personal data and information systems;
•
The absence of appropriate teleservices and teleabour legislation;
•
The application of electronic techniques to commercial and administrative acts;
AU Draft0 010111