There is no doubt about the importance of data in global trade in the 21st century. However, there is a lack of policies for the proper regulation of data flows. This session explored the possibility of a continental Data policy framework for unlocking cross-border trade in Africa. This has become increasingly relevant in the context of the AfCFTA protocol, since the impact of different individual country policies in the status-quo is affecting the ability of firms to effectively engage in cross-border digital trade, in turn hindering the level playing field ideal.

The discussion started with a brief status update on the negotiation process within the AfCFTA platform. The shift in mandate to digital trade emanated from the Ministerial Session held in February 2020, where it was observed that an important element of all bilateral trade engagements is data flows. The need to establish an African authority of e-commerce was felt, which led to the mandate on digital trade to be discussed in the Phase II negotiations of AfCFTA envisioned to be concluded by September 2022. In line with this deadline, a committee has been established by the Council of Ministers. Several brainstorming sessions have also taken place, which have brought the issues of localisation, protection of SMEs, and blockchains to the forefront. To ensure an effective negotiating process, the committee also has a guidance note in place.

The panellists also discussed the importance of context, region and whether ‘one size does not fit all’. It was observed that due to the lack of local context or regional e-commerce set-up, there were attempts at duplicating or borrowing other e-commerce frameworks which do not necessarily fit in the case of Africa. Moreover, regulations tend to lag behind technology which makes it even more difficult for policy-makers and innovators to align their interests. As a result, the need for communication and collaboration between regulators and innovators for adequate compliance, was emphasised. This dynamism is an increasingly important aspect of digital trade given the surge in start-ups and the role played by youth and women in it.

However, given the above technical and policy aspects of the subject matter, the importance of data justice was pointed out. Data should not be seen as abstract values but rather as closely linked to data subjects. Thus, equal importance should be given to privacy and data protection bringing the discussion back to the actual generators of data i.e people.

On the panel were Trudi Hartzenberg, Executive Director, Trade Law Centre (tralac); Ify Ogo, Regional Coordination Specialist, UNDP; Emily Mburu-Ndoria, Director, Trade in Services, Investment, IPR and Digital Trade, AfCFTA; Melissa Omino, Acting Director, Center for Intellectual Property and Information Technology Law, Strathmore University; Richard Boateng, Professor, University of Ghana Business School; Ogochukwu Osifo, Vice President, Engineering, 54gene.

Reporting by Tanishqua Kanetkar

Culled from Trade and Development Policy, CUTS International, Geneva - https://www.cuts-geneva.org/News.html?id=BUL-220428-06