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Section II: Material penal law
Chapter 1: Offenses specific to Information and Communication Technologies
Section 1: Attack on computer systems
Article III – 1 – 26:
Member States of the African Union shall ensure that the measures adopted to protect
IC and IIC offer a minimum of the following: resilience infrastructure, integrated
network/applications, transport/transmission security, data enciphering, digital identity
management, data availability in real time, and data retention and audit.
Article III – 2:
Each Member State of the African Union shall take the legislative measures required to
set up as a penal offense the fact of accessing or attempting to access fraudulently a
part or the whole of a computer system.
Article III – 3:
Each Member State of the African Unions shall take the legislative measures required to
set up as a penal offense the fact of retaining oneself or attempting to retain oneself
fraudulently in a part or the whole of a computer system.
Article III – 4:
Each Member State of the African Union shall take the legislative measures required to
set up as a penal offense the fact of hampering, distorting or attempting to hamper or
distort the functioning of a computer system.
Article III – 5:
Each Member State of the African Union shall take the legislative measures required to
set up as a penal offense the fact of introducing or attempting to introduce data
fraudulently in a computer system.
Article III – 6:
Each Member State of the African Union shall take the legislative measures required to
set up as a penal offense the fact of intercepting or attempting to intercept fraudulently
AU Draft0 010111