Page 7 • The probative elements introduced by digital techniques (time-date stamping, certification, etc); • • • The rules applicable to cryptology devices and services; • The absence of appropriate fiscal and customs legislations for electronic commerce; The oversight of on-line publicity Considering that the afore-listed observations justify the need to establish an appropriate normative framework consistent with the African legal, cultural, economic and social climate; and that the objective of this Convention is therefore to offer the security and legal framework necessary for the emergence of a reliable electronic commerce in Africa; Considering that protection of personal data and private life constitutes a major challenge of the Information Society for both public authorities and other players; and that the sustainability of this new technology naturally depends on the said protection which needs to combine the protection of the privacy of citizens in their daily and professional activities and guarantee the free circulation of information; Considering the urgent need to establish a mechanism to address the dangers and risks deriving from the use of electronic data and individual records, with a view to respecting private lives and freedoms while enhancing the promotion and development of ICTs in Member States of the African Union; Considering that the ambition of this Convention is to bridge this “legal gap”; that it seeks to establish in each Member State of the Africa Union a mechanism capable of combating intrusions into private life likely to be generated by personal data gathering, processing, transmission, storage and use; that, by offering a standard institutional basis, it ensures that any personal data treatment, regardless of its form, respects the basic freedoms and rights of individuals while also taking into account the prerogatives of the States, the rights of local communities and the interests of businesses; that by taking on board internationally recognized best practices in matters of personal data protection it offers several regulatory platforms and modalities facilitating such protection; Aware of the need, given the pervasive existence of cyber crime which constitutes a real threat to the security of computer networks and the development of the Information AU Draft0 010111

Select target paragraph3