Page 47 computerized data by technical means, during non-public transmission of the said data to, from or within a computer system. Article III – 7: 1) Each Member State of the African Union shall take the legislative measures required to set up as a penal offense the fact of damaging or attempting to damage, delete or attempting to delete, spoil or attempting to spoil, alter or attempting to alter, modify or attempting to modify fraudulently computer data. 2) The Member States shall adopt rules to compel ICT product vendors to submit their products for vulnerability and guarantee tests to be conducted by independent experts and to divulge to the public any form of vulnerability found in the said products and the measures recommended for a solution thereto. Section II: Attack on computerized data Article III – 8: Each Member State of the African Union shall take the legislative measures to set up as a penal offense the fact of producing or manufacturing a range of digital data by fraudulently introducing, deleting or suppressing computerized data held, processed or transmitted by a computer system, resulting in fake data, with the intention that the said data would be taken into account or used for illegal purposes as if they were the original data. Article III – 9: Each Member State of the African Union shall take the legislative measures required to set up as a penal offense the fact of using the data obtained with a full knowledge of a case. Article III – 10: Each Member State of the African Union shall take the legislative measures required to set up as a penal offense the fact of obtaining fraudulently, for oneself or for another person any advantage whatsoever by introducing, altering, deleting or suppressing computerized data or any other form of attack on the functioning of a computer system. Article III – 11: AU Draft0 010111

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