Cross-border Data Flows in Africa: An Analysis of the Alignment with AfCFTA by Dr. Sandra Makumbirofa, Jackline Akello and Nawal Omar, maps existing regulatory and governance frameworks for data sharing across the continent and assesses their alignment with the African Continental Free Trade Area (AfCFTA).
Cross-border data flows are vital to Africa’s digital economy. They enable intra-African trade, innovation, and integration. The AfCFTA and complementary frameworks such as the Malabo Convention and the African Union Data Policy Framework (AUDPF) all highlight the need for seamless data flows to build a single African digital market. Yet, as the report shows, national data protection and transfer rules across the continent remain fragmented, with many imposing restrictive conditions that hinder rather than enable the AfCFTA’s objectives.
The analysis finds that:
- Most domestic frameworks only loosely align with AfCFTA commitments, often prioritising data sovereignty through localisation measures and restrictive authorisation requirements.
- Fragmented approaches and limited recognition of “adequacy” in national data protection laws create barriers to intra-African data sharing.
- A lack of harmonisation between personal and non-personal data rules risks limiting opportunities for innovation and equitable access to digital markets.
To unlock Africa’s digital economy and realise the AfCFTA’s promise, the report calls for coordinated legal harmonisation, stronger institutional capacity, and practical safeguards for data protection. Key recommendations include:
- Strengthening and operationalising Data Protection Authorities.
- Developing technical standards and guidelines to ensure interoperability.
- Reviewing national laws to remove unnecessary restrictions while maintaining safeguards.
- Enhancing alignment with international standards while creating African-led approaches to non-personal data governance.
- Promoting regional harmonisation, mutual recognition, and cooperation.
- Implementing AfCFTA commitments at national and regional levels.
The report concludes that enabling fair and secure data flows is essential not only for trade, but also for ensuring inclusivity, equity, and sustainable digital development across Africa.
