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Summary
The Draft Convention gives effect to a Resolution of the last session of the Assembly of
Heads of State and Government of the African Union, and seeks to harmonize African
cyber legislations on electronic commerce organization, personal data protection, cyber
security promotion and cyber crime control.
In pursuance of the principles of the African Information Society Initiative (AISI) and the
African Regional Action Plan for the Knowledge Economy (ARAPKE), the Draft
Convention is intended not only to define the objectives and broad orientations for the
Information Society in Africa, but also to strengthen existing legislations in Member
States and the Regional Economic Communities (RECs) on the Information and
Communication Technologies.
It defines the security rules essential to establishing a credible digital space in response
to the major security related obstacles to the development of digital transactions in
Africa.
It lays the foundation for an African Union-wide cyber ethics and enunciates
fundamental principles in the key areas of cyber security. It also defines the basis for
electronic commerce, puts in place a mechanism for combating intrusions into private
life likely to be generated by the gathering, processing, transmission, storage and use of
personal data and sets broad guidelines for incrimination and repression of cyber crime.
Its adoption would capitalize African and international experiences in cyber legislations
and speed up relevant reforms in African States and the RECs.
Conceptual Framework
Based on a reappraisal of the legal and institutional climate in African Union regions as
a starting point, the report proposes the adoption at the level of the African Union, of a
Convention establishing a credible framework for cyber security in Africa through
organization of electronic commerce, protection of personal data and combating cyber
crime.
1)
Context
In a world characterized by the globalization of risks, crimes and threats to cyber
security, Africa is faced with security gap which, as a result of poor mastery of security
risks, increases the technological dependence of individuals, organizations and States
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