Africa’s Chaotic Cybersecurity and Regulatory Landscape Calls for Harmonization

Dr. R. T. Sibe is the CEO/Chief Forensic Examiner of Digital Footprints Nig. Limité. Il is a member of the Forbes Technology Council.

There are more than six hundred million Internet users in general in Africa. That’s more than the total number of users in North America, South America, and the Middle East. The last two decades have been characterized by increased adoption of technologies in Africa. the power of the African workforce has increased markedly, it has also come with related threats, one of which is the threat of cyber attacks. Although this threat is global and not unique to Africa, Africa’s preparedness and reaction have not been coordinated as one would like. .

According to a recent Interpol report (download required), around 90% of African companies operate without mandatory cybersecurity protocols and are therefore exposed to cyberattacks. The report also notes that there have been more than 700 million risk detections in Africa over a year. period of one year. The French newspaper Le Monde (through the Council on Foreign Relations) had reported in the past that servers at the African Union headquarters built through China in Ethiopia were intercepted and that the information was transmitted at night through a backdoor between 2012 and 2017. While China has denied this accusation, it is a classic example of how the continent is exposed, even in such high-level institutions.

Fight for the answer

Over the years, other African countries have struggled to meet the challenge of cybersecurity. While top jurisdictions have taken action, many others have lagged behind. For example, some countries have enacted laws and regulations around the cybersecurity space. In Nigeria, parliament enacted the Cybercrime Act 2015. The National Information Technology Development Agency (NITDA) also implemented the Nigerian Data Protection Regulation (NDPR) in 2019.

In South Africa, President Cyril Ramaphosa signed the CyberCrime and Cyber Security Act in 2021. This law requires electronic communications service providers and monetary establishments to take action when their systems suffer an attack or a breach of cyber security. In the past, South Africa signed the Personal Data Protection Act No. Four of 2013.

Ghana passed its 2020 Cybersecurity Act to coordinate the country’s reaction to prevent and manage cyberattacks and breaches. In the past, Ghana enacted the Data Protection Act 2012 to protect the privacy and non-public knowledge of individuals. Egyptian President Abdel Fattah al-Sisi ratified the national law on “Combating Cybercrime and Information Technology-Related Crimes” in 2018, and Egypt enacted its knowledge protection law, which also reflects facets of the EU GDPR.

Regional and continental response

At the regional level, efforts have also been made. For example, the Economic Community of West African States (ECOWAS) followed ecowas’ Regional Cybersecurity and Cybercrime Strategy in the current 2020 consultation. ECOWAS had in the past followed the Supplementary Law on the Protection of Personal Data in 2010.

At the continental level, the African Union (AU) followed the Convention on Cybersecurity and Protection of Personal Data, also known as the Malabo Convention, in 2014. This followed through the publication of the Personal Data Protection Guidelines for Africa, a collaborative measure. Between the Internet Society and the AU in 2018. According to the United Nations Conference on Trade and Development (UNCTAD), of the 54 countries in Africa, only 33 (61%) have a knowledge coverage law.

Africa’s challenging landscape and lack of harmonization

Despite praise for the AU’s efforts in this regard, the Malabo Convention got off to a rocky start. For example, in 2021, only 8 of the 55 AU members (Angola, Ghana, Guinea, Mauritius, Mozambique, Namibia, Rwanda and Senegal) had ratified the conference, which will have to be ratified by at least 15 countries. Interestingly, countries that had not ratified the conference come with continental giants such as Nigeria, South Africa and Kenya. Therefore, this Malabo Convention remains largely a document with little action.

Clearly, while Africa may not lack legislation, implementation has been largely catastrophic. Beyond that, the plethora of national and regional legislation on the same factor can be confusing, especially as the continent seeks to dismantle industry barriers through African Continental Free. Trade Area (AfCFTA). For AfCFTA to succeed, the continent wants continental threat management, a key facet of which is addressing emerging cybersecurity threats. Pockets of discordant legislation across the continent leave the landscape chaotic.

concluding observations

African corporations continue to function despite the chaotic cybersecurity landscape. Recent years have seen the rise of seven unicorns, and they all depend on the generation to do business. Africa’s developing monetary institutions continue to harness the generation to serve the continent and beyond. These corporations are facing the continent’s challenging and changing cybersecurity landscape. Billions of dollars are lost on the continent every year due to cybercrime and cybersecurity breaches.

It is therefore imperative that the continent present a united front in the war that opposes cybercrime, cybersecurity and the regulation of knowledge coverage. African nations will need to ratify the Malabo Protocol and continue to refine legislation and regulations that reflect the changing threat landscape. How Africa manages The threat to cybersecurity will mark the trajectory of expansion over the next decade.

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