Data policies in Africa: an overview of the regulatory policies implemented in the continent

African countries are increasingly regulating data transfers. Our analysis shows that 46 economies in the region restrict cross-border data transfers by either requiring processing data locally or imposing conditions for data transfers. Until the start of the 21st century, none of the countries in the region restricted data flows, while most of the action took place over the past decade. When it comes to the regulation of personal data, the influence of the European Union model is strong in the region, with most African countries having adopted policies on personal data transfers and domestic data protection influenced by the EU’s General Data Protection Regulation (GDPR). The EU model is characterised by a comprehensive data protection regime and conditions applied to cross-border transfers. In addition, several African economies have implemented stricter policies on personal data transfers, following the control model traditionally pursued in China. While binding commitments on data transfers are absent in trade agreements signed by countries in the region, all African countries have agreed to remove restrictions to intra-regional data transfers as part of the Digital Trade Protocol of the African Continental Free Trade Area (AfCFTA).