Executive summary
The Framework for Cyberlaws (“Framework”) was prepared by the East African
Community EAC Task Force on Cyberlaws, comprising representatives from the
Partner States and the EAC Secretariat, with the support of UNCTAD. The
Framework contains a series of Recommendations made to the governments of the
Partner States about reforming national laws to facilitate electronic commerce; to
facilitate the use of data security mechanisms; to deter conduct designed to undermine
the confidentiality, integrity and availability of information and communication
technologies; to protect consumers in an online environment, and to protect individual
privacy. The Recommendations are designed to harmonise the law reform process
between the EAC Partner States, as well as reflecting international best practice.
1. Introduction
1.1
Background
The vision of regional integration in East Africa is to create wealth, raise the living
standards of all people of East Africa and enhance international competitiveness of
the region. The key to achieving this vision is increased production, trade and
investments in the region with Information and Communication Technologies (ICT)
playing a leading role. The information and knowledge-exchange driven third
millennium requires reliable ICT services as a key national and regional resource.
Furthermore, the EAC Treaty emphasises co-operation to achieve coordinated,
harmonized, and complementary infrastructural development.
In this context, the EAC has recognized the need for implementing a Regional eGovernment Programme considered as an important step towards deepening East
African regional integration through the online provision of government information
and services. The Programme aims to improve and enhance public services delivery
through use of ICT in public administrations of the Partner States combined with
organizational change and development of new skills. The improved public services
delivery would in turn support regional integration for economic development of the
region. Since 2004, three regional EAC workshops identified cyberlaws, e-justice and
as well as information security as key cross cutting issues that need to be in place for
a successful implementation of e-government applications and development of ecommerce in East Africa. 1 Further recommendations included that the EAC should
ensure necessary coordination intended to harmonize regional and national legal
frameworks. The Regional e-Government Framework adopted by the Council of
Ministers in November 2006 identified the creation of an enabling legal and
regulatory environment as a critical enabling factor for effective implementation of eGovernment strategies at national and regional levels. It further emphasized that
operational efficiency of any e-Government strategy need a strong back up support of
necessary legislation on data security, network security, cyber crime, information
systems and electronic transactions.
1
Regional e-Government Framework Stakeholders Consultative meeting ( 28 - 29th June 2005);
Workshop on Cyberlaws and e-Justice ( on 25th –26th April 2006); Workshop on Information Security
(27th –28th April 2006).
3