Dar es Salaam. Experts are urging the need for harmonizing legal frameworks within the East African Community (EAC) to enhance trust, safeguard personal data, and unlock vital economic opportunities necessary for a flourishing digital economy.
The existing fragmented legal landscape across EAC partner states presents substantial challenges for businesses operating across borders. Such discrepancies complicate data sharing, elevate compliance costs, and deter foreign investment, ultimately hindering the region’s growth and innovation potential.
These pressing issues were discussed at a recent Regional Workshop for Data Experts on Cross-Border Data Flows, part of the Eastern Africa Regional Digital Integration Project (EARDIP). The initiative aims to create a seamless and secure environment for data flows across the region.
Workshop discussions centered on the critical need to align the EAC’s data protection laws with international best practices, including frameworks established by the European Union and the Asia-Pacific Economic Cooperation.
A spokesperson from the EAC emphasized that the workshop facilitated policymakers in deliberating a comprehensive framework for cross-border data exchange. This initiative aims to ensure ethical, secure, and responsible data sharing throughout the region.
However, it was highlighted that South Sudan has yet to implement a national data protection law, while only five of the eight EAC partner states—Kenya, Rwanda, Somalia, Uganda, and Tanzania—have designated data protection authorities. These gaps underline the urgency for a unified legal framework to mitigate inconsistencies and fortify regional data governance.
Experts discussed the crucial role of harmonized legal frameworks, identifying them as essential for building trust, ensuring personal data protection, and unlocking economic growth within the region.
Representatives from the private sector expressed concerns regarding the detrimental effects of fragmented regulations and data localization requirements on investment and innovation. They acknowledged that harmonized regulations could facilitate seamless cross-border operations, enhance data security, and attract increased investment in the region’s digital economy.
A senior digital development specialist highlighted that EARDIP’s goal is to cultivate an integrated digital market across Eastern Africa, thereby improving connectivity and digital trade. The workshop’s discussions contributed significantly towards aligning partner states on foundational principles for a regional framework on cross-border data flow.
The workshop also established a Technical Working Group (TWG), consisting of representatives from data protection authorities and other key ministries and agencies. This group is tasked with drafting principles for the cross-border data flow framework and guiding the development of a pilot program that will inform the eventual EAC Data Protection and Privacy Act.
The TWG’s mission includes creating a roadmap for implementing the framework and managing the technological aspects critical for its success, such as consent management mechanisms. It will also organize consultations and capacity-building sessions to ensure the framework is adaptable and robust enough to meet regional demands.
Cross-border data flow is pivotal in unlocking the EAC’s digital economy, fostering trade, and promoting innovation. Harmonized data protection laws are expected to enhance trust among stakeholders and attract investments, thereby establishing a secure and predictable regulatory environment.
This consolidated approach positions the EAC as a leader in digital integration, paving the way for sustainable growth and global competitiveness in an increasingly interconnected world.
