Page 46 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

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