The Digital Town Square Problem: public interest info online | IGF 2023 Open Forum #132

Martin Wimmer

The African Union data policy framework is receiving significant support from BMZ (The Federal Ministry for Economic Cooperation and Development) and the German government, as they have committed €20 million to the initiative. This funding is part of a wider effort to provide a total of €57 million in European contributions towards the implementation of the framework in 10 to 15 partner countries. The aim of this initiative is to enhance data governance and strengthen data-related sectors in Africa.

The framework focuses on several key areas, including data policy, data value creation, and data infrastructure. By emphasising these areas, the African Union aims to pave the way for a more effective and inclusive data ecosystem on the continent. This initiative recognizes the importance of data-powered policymaking and its potential to drive positive change by allowing governments and policymakers to rely on data-based evidence for decision-making. Consequently, the framework supports efforts to increase the availability and accessibility of data for citizens and encourages the use of data to address societal challenges.

Another crucial aspect of the framework is its commitment to addressing inequality in data sets under the guidance of feminist development policy. By integrating a gender data lab into the National Statistics Office in Rwanda, the initiative is taking steps to ensure that data captures the experiences and perspectives of all genders, thereby promoting greater gender equality in data-driven decision-making.

Promoting digital and technical skill development is also a significant objective of the African Union data policy framework. The initiative acknowledges the importance of equipping individuals, particularly young women, with the necessary knowledge and skills to navigate the digital landscape. By supporting the public sector, the private sector, and civil society in acquiring digital skills, the framework seeks to empower individuals to actively participate in the digital economy and benefit from the opportunities presented by digitization.

Countries around the world are recognizing the increasing significance of regulating data to protect their citizens and their digital ecosystems. The African Union data policy framework acknowledges that data represents a package of commodities such as knowledge, education, news, music, art, products, software, identities, rights, and money. Hence, countries are seeking to regulate data to ensure that harmful programs like spyware and false information like fake news do not cross their digital borders. This regulation aims to create a safer and more secure digital environment for citizens while also promoting economic growth and reduced inequalities.

However, it is worth noting that the author of one argument believes that the focus should be on open data and an open internet for everyone, rather than just data markets that primarily benefit a few tech companies. This perspective suggests that prioritizing openness and accessibility can lead to a more inclusive digital landscape and foster greater innovation and collaboration across various sectors.

In conclusion, the African Union data policy framework is receiving substantial support from BMZ and the German government, with a commitment of €20 million. This initiative aims to enhance data governance, promote data-powered policymaking, address inequality in data sets, and foster digital and technical skill development. Moreover, countries are recognizing the importance of regulating data to protect their citizens and promote economic growth. However, there is an ongoing debate regarding the focus on open data and an open internet for all, emphasizing inclusivity and equal access to digital resources.

Audience

The analysis focuses on various aspects of data management and governance, highlighting the importance of both informal and formal internal processes. It asserts that informal processes within organisations play a crucial role in ensuring quality assurance in data management, particularly in managing incorrect or suspicious data. This implies that organisations need mechanisms in place to identify and address data discrepancies effectively.

Furthermore, it is argued that a combination of formal and informal internal processes is necessary to ensure data accuracy while developing capacity. The analysis provides specific examples, such as the management of inaccuracies in data from the population registry, such as age or income errors. This suggests that organisations need to establish robust internal processes to handle data inaccuracies effectively, thus ensuring the reliability and integrity of the data they manage.

The analysis also sheds light on the challenges faced by African countries in implementing multiple data policies and conventions. It suggests that the popularisation of the African Union data policy framework at national and regional levels is crucial. Additionally, the ratification of the Malabo Convention is deemed important, as it addresses key issues such as personal data protection, electronic commerce, and cybersecurity.

Notably, concerns are raised regarding the inclusion of foreign private corporate data collection in the AU framework. This observation indicates that there is ambiguity around how such data collection should be considered within the framework, highlighting the need for clarity and guidelines in handling this aspect.

Another noteworthy point is the concern around how the Africa Data Policy Framework addresses issues of capacity and usage by small and medium-sized enterprises (SMEs). The analysis highlights that whilst some organisations in Africa collect large amounts of data, SMEs are reportedly not able to effectively utilise the data they collect. Additionally, data collection is observed to be happening in silos, resulting in limited movement and usage. This indicates a need to address capacity building and enhance the utilisation of data by SMEs.

In conclusion, the analysis emphasises the importance of both informal and formal internal processes for data management. It calls for the popularisation of the African Union data policy framework and the ratification of the Malabo Convention. Furthermore, the analysis highlights concerns regarding foreign private corporate data collection, as well as the capacity and usage of data by SMEs. The need for collaboration, data movement, and usage within African organisations is also emphasised. Overall, the analysis provides valuable insights into the challenges and recommendations relating to data management and governance in various contexts.

Alexander Ezenagu

The analysis focused on the importance of data governance in Africa, highlighting several key points. Firstly, it was mentioned that interconnectivity and broadband expansion at national, regional, and continental levels are critical for effective data governance. This is because access to high-speed internet is essential for data transmission, storage, and analysis. Additionally, investment in Green ICT, which promotes environmentally friendly practices in information and communication technology, was identified as necessary to ensure sustainable data management.

Regarding data ownership, it was argued that irrespective of the funding source for data generation, countries in Africa should have the right to manage and own their data. Some African countries are currently renegotiating donor grants specifically concerning data ownership rights. This demonstrates the growing recognition of the importance of sovereignty over data.

Cultural, religious, and policy differences among African countries were emphasized in the context of data generation. The analysis pointed out that data usage and generation practices may vary based on the specific cultural and religious values of different countries. For instance, there may be different data usage provisions in Kenya compared to a Sharia-compliant country. The negotiation of sovereignty issues in the digital space by many African countries further highlights the need to consider these differences in data governance frameworks.

The need for a continental standard on data collection and usage, based on cultural values, was discussed. By establishing a standard, it becomes possible to ensure that data practices align with the cultural values of African societies. An example was given of the discussion between Kenya and TikTok, where some Kenyan government sects expressed concerns about the impact of TikTok on the morality of young people. This highlights the need to incorporate cultural values into data governance to address such concerns effectively.

Another important aspect discussed was the implementation of digital service taxation to prevent countries from creating barriers to data penetration. It was argued that if tax laws are not harmonised, countries may block digital platforms like Facebook, Twitter, or Netflix, viewing them as extraterritorial and wanting a share of their revenue. Therefore, digital service taxation is seen as a solution to prevent such barriers and facilitate data flow.

The analysis also emphasised the holistic consideration of digital trade and data generation. Non-tariff barriers were identified as a challenge to the successful implementation of the African Continental Free Trade Agreement (AFCFTA). Tax issues and the lack of harmonisation of laws were mentioned as examples of these non-tariff barriers. By addressing these barriers, African countries can enhance digital trade and the generation of data, contributing to economic growth and development.

Finally, the analysis raised the question of data’s role in society’s morality and potential issues of taxation. The impact of data on morality and whether it should be treated as an asset or a flow were discussed. These considerations reflect the ethical and economic dimensions of data governance.

In conclusion, the analysis highlights the importance of interconnectivity, investment in Green ICT, and data ownership rights in Africa’s data governance framework. It emphasises the need to consider cultural, religious, and policy differences among African countries and develop a continental standard on data collection and usage. The implementation of digital service taxation and the holistic consideration of digital trade and data generation were also discussed. The analysis further raises questions about data’s role in society’s morality and potential taxation issues. Overall, these insights provide valuable guidance for shaping effective data governance strategies in Africa.

Liping Zhang

The analysis explores various perspectives on Africa’s Data Policy Framework, providing insights into key arguments and supporting evidence. It commends the collaboration between the EU Commission and African member states in developing the framework, which is seen as a strong foundation for enhancing data policies across Africa. The analysis expresses optimism that the framework will enable Africa to actively participate in international discussions on data policies.

Regarding data governance, the analysis identifies the need for a coordinating mechanism in the UN system to address the challenges posed by multiple data governance processes. It argues for a common approach at the African Union (AU) level to guide member states in international discussions. This perspective maintains a neutral sentiment, acknowledging the complexity of data governance and advocating for streamlined coordination.

The significance of capacity building and development is underlined as a key factor in maximizing the benefits of the data era. The analysis highlights the lack of infrastructure and human capacity as major challenges that need to be addressed. The data is viewed as a value chain, requiring capacity at each stage. Additionally, the analysis emphasizes the limited financing available for developing countries to capitalize on the opportunities presented by the data era. This perspective views capacity building and development as critical for African countries to fully harness the potential of data.

Standards and quality assurance play a vital role in ensuring reliable and valuable data. The analysis argues for the necessity of standards to ensure quality assurance, and highlights the role of metadata standards in enhancing overall data quality. This viewpoint recognizes the importance of standardized approaches in data management and quality control.

The necessity of strengthening public data ability is also emphasized, with a positive sentiment towards this recommendation. Enhancing public data ability is seen as essential in effectively utilizing data-driven solutions and promoting transparent and accountable governance.

Cooperation in data areas, both at the AU and global level, is emphasized as crucial for successful data policies. The analysis asserts that international cooperation in data areas is essential, and suggests that the experience gained from cooperation at the AU level can serve as a valuable example for global cooperation efforts. This perspective acknowledges the interconnectedness of data-related challenges and the need for collaborative solutions.

Lastly, the analysis expresses appreciation for the AU Data Policy Framework as a significant achievement on a continental scale. It characterizes it as the largest continental-level data policy framework and underscores the importance of collective efforts towards data policy development in Africa.

In conclusion, the analysis provides a comprehensive overview of the viewpoints surrounding Africa’s Data Policy Framework. It commends the collaborative efforts of the EU Commission and African member states in developing the framework and identifies key areas such as data governance, capacity building, standards, cooperation, and public data strengthening as crucial for successful data policies. The analysis offers valuable insights into the challenges and opportunities presented by the data era in Africa and highlights the importance of sustained efforts and collaboration in harnessing the potential of data for sustainable development.

Souhila Amazouz

The African Union (AU) has adopted the AU Data Policy Framework with the aim of raising political awareness about the strategic importance of data. This framework addresses both personal and non-personal data, as well as value creation and cross-border data flow. It seeks to provide a comprehensive approach to data governance.

One of the key objectives of the framework is to facilitate the smooth flow of data across African countries. This emphasises the importance of cooperation and includes action points at both the continental and regional level. The framework acknowledges the need for digital infrastructure, connectivity, and appropriate legal and regulatory frameworks. By highlighting these aspects, it aims to create an enabling environment for the flow of data, which can drive innovation and economic growth.

The AU Data Policy Framework is built on principles such as trust, fairness, safety, accountability, and cooperation. It aims to implement the principle of solidarity and collaboration among African countries. These principles are considered essential for fostering a reliable and secure data ecosystem that respects individuals’ rights.

Furthermore, the AU is complementing the Data Policy Framework with additional initiatives such as guidelines on integrating data in digital trade agreements and an open data strategy. These initiatives further strengthen the AU’s commitment to harnessing the potential of data for sustainable development and partnerships.

The implementation of the framework is currently underway, with various activities to support its adoption. Capacity-building workshops have been organised to promote understanding of the framework, and a self-capacity assessment tool has been developed. These activities are crucial for ensuring that countries have the necessary skills and knowledge to effectively implement the framework and protect citizens’ data.

In terms of progress, African countries are actively developing their data policies and legislation. Some countries have already started working on their national data policies, while others are focusing on legislation for personal data protection. Moreover, regional and continental efforts are also being made to facilitate collaboration and cooperation in data governance.

Notably, the AU Data Policy Framework has a complementary relationship with the Manapur Convention. The Manapur Convention serves as the instrument that regulates data protection, cybercrime, and electronic transactions. In contrast, the AU Data Policy Framework shapes data governance and policy across the continent. This relationship highlights the multifaceted approach that the AU is taking to address data-related challenges.

In conclusion, the AU Data Policy Framework is a significant step towards realizing the potential of data in Africa. By addressing key aspects of data governance, facilitating data flow, and promoting principles such as trust and accountability, the framework sets the stage for a robust and sustainable data ecosystem. Ongoing implementation efforts and the support of various initiatives are helping African countries progress in developing their data policies and legislations. The AU Data Policy Framework, in conjunction with the Manapur Convention, provides a comprehensive framework for data protection and governance on the continent. Capacity-building activities are crucial for successful implementation. This comprehensive approach will create an enabling environment for data-driven innovation, economic growth, and regional collaboration in Africa.

Moderator – Alison Gillwald

The African Union Data Policy Framework, which was passed early last year, is not just a data protection framework but rather a comprehensive data governance framework. It supports the broader continental developments around the digital transformation strategy. This framework is essential for enabling the successful implementation of the digital transformation strategy in the African Union. It leverages the African Continental Free Trade Area Agreement and mandates the creation of a data policy framework and a digital ID interoperability framework.

The digital services protocol, which is currently being negotiated as part of the African Continental Free Trade Area Agreement, plays a crucial role in establishing a common digital market. Without the necessary digital underpinnings and established frameworks, the continental common market could become very uneven. Therefore, the digital services protocol is of great significance for ensuring a fair and balanced digital market integration across the continent.

However, in order to implement these frameworks effectively, capacity building is essential. The challenge lies in the implementation and domestication of these enabling frameworks at the national level. There is a need for countries to develop their national data policies and establish the necessary infrastructure and capabilities through capacity building workshops. Additionally, technical standards for standardisation amongst national systems for cross-border data flows can be put in place to ensure interoperability.

It is important to note the role of data in spurring economic growth, particularly in terms of economies of scope and scale needed for international engagement. The creation of value through data is crucial and should be balanced with protecting the interests of citizens and economies. Data flows in and out of Africa are currently asymmetrical, with limited control and enforcement. It is therefore necessary to address these imbalances to ensure that the continent has better control and enforcement over data flows.

Global governance and cooperation are also crucial for effective enforcement of data policies. Many of the issues related to data governance and digital transformation cannot be enforced without global governance and cooperation.

Alignment of national objectives, particularly in terms of commercial value creation, should emphasise public value creation as a priority. Public data holds significant potential for informing policymaking, and there should be a focus on its management, access, and open data frameworks. This alignment is necessary for achieving sustainable economic growth while considering the broader societal impact.

In conclusion, the African Union Data Policy Framework, along with the digital services protocol, plays a vital role in the digital transformation strategy and the establishment of a common digital market. However, implementation and domestication at the national level pose challenges. Capacity building, standardisation, and interoperability are key factors for effective implementation. It is also crucial to ensure a balance between value creation, economic development, and the protection of citizens’ interests. Improved control and enforcement of data flows, along with global governance and cooperation, are necessary. Additionally, aligning national objectives with public value creation and utilising public data for policymaking are essential components for achieving sustainable economic growth in the African Union.

Paul Baker

The African Union (AU) has established a data policy framework that places great importance on the proper handling of data. This framework is considered innovative as it sets out core principles that should be followed when dealing with data. These principles include ensuring the free and secure flow of data, upholding human rights and security, and ensuring equitable access to the benefits derived from data. These principles are also incorporated within the digital trade negotiations under the African Continental Free Trade Area (AFCFTA) protocol, demonstrating a commitment to prioritising data policy in the context of cross-border trade.

Additionally, the AU emphasises the significance of inclusivity, interoperability, innovation, and accountability when it comes to treating data. These principles are highlighted in the AU’s data policy framework and are also a fundamental part of the digital services covered by the AFCFTA protocol. By adopting these principles, the AU aims to ensure that data treatment is conducted in a fair, effective, and responsible manner.

However, one major challenge observed is the time-consuming implementation of conventions, such as the Manapur Convention. This convention, which relates to peace, justice, and strong institutions, took nine years to be fully implemented despite being adopted nearly a decade ago. This delay raises concerns about the effectiveness and efficiency of the implementation process, and consequently, the ability to achieve the desired outcomes.

Another issue worth noting is the lack of recognition by the European Union (EU) of certain African countries as being compliant with the General Data Protection Regulation (GDPR). Even African countries that have implemented legislation aligned with the GDPR are not acknowledged as compliant by the EU. This lack of equivalence poses a significant challenge, as it prevents the sharing of data between European Union and African subjects. This issue underscores the need for strong data protection measures and cooperation between regions.

In conclusion, the AU has made significant strides in developing a data policy framework that prioritises the proper handling of data. The core principles set out in this framework, as well as those incorporated in digital trade negotiations, aim to ensure the free and secure flow of data, protect human rights, and ensure equitable access to data benefits. However, challenges remain, such as the time-consuming implementation of conventions and the lack of recognition of GDPR compliance by African countries. These challenges highlight the need for continued efforts to enhance data policy and ensure effective implementation for the benefit of all.

Trudi Hartzenberg

Digital trade is currently a key area of focus in the agenda of the African Continental Free Trade Area (AFCFTA). Discussions on digital trade were included in the AFCFTA agenda in 2021, highlighting its increasing importance in the global economy. A comprehensive legal instrument is being developed under the AFCFTA, covering various aspects of digital trade such as cloud services, streaming, and gaming. This indicates that the agreement will address a wide range of issues and provide a robust framework for digital trade within the African continent.

Negotiations on the Draft Protocol for Digital Trade are currently underway. Several rounds of meetings and negotiations have already been concluded, demonstrating the commitment to reaching a consensus on digital trade issues. However, there are still some outstanding matters that need to be resolved, including cross-border data transfers, the location of computing facilities, and customs duties on digital transactions. These unresolved issues highlight the complexity of digital trade and the need for careful consideration and negotiation.

It is crucial for national policy and legal frameworks to align with the continental framework to ensure coherence and consistency in digital trade regulations. Currently, the alignment of national policies and legal frameworks with the continental framework is an important topic that has not yet been agreed upon in the negotiations. This emphasizes the need for further deliberation and consensus-building among AFCFTA member countries to harmonize their policies and regulations.

Data policy and governance are seen as cross-cutting policies that intersect with various aspects of digital trade. The African Continental Free Trade Area protocol on digital trade, along with its connections to other protocols, contains provisions related to data governance. This indicates the recognition of the significance of data management and protection in the digital era. The inclusion of data policy and governance in the AFCFTA framework reflects a commitment to ensuring responsible and secure data practices within the continent.

However, there are implementation challenges in various areas, including data, data governance, consumer protection, trade in services, and intellectual property rights. These challenges not only affect the protocol on digital trade but also impact other aspects of trade within the AFCFTA. It is important to address these challenges to fully realize the benefits of digital trade and foster sustainable economic growth within the African continent.

To effectively embed the commitments in data policy and governance frameworks, technical assistance is required at the national level. This highlights the need for capacity building and support to ensure that countries have the necessary expertise and resources to implement and enforce digital trade regulations. Collaboration and partnerships between AFCFTA member countries and development partners are vital in achieving the objectives related to data policy and governance.

In conclusion, digital trade is a significant area of focus in the AFCFTA agenda. The ongoing negotiations on the Draft Protocol for Digital Trade demonstrate the commitment to address various issues related to digital trade. The alignment of national policies and legal frameworks with the continental framework remains a topic of importance. Additionally, data policy and governance are considered cross-cutting policies that require careful attention and inclusion in the AFCFTA framework. However, there are implementation challenges that can be overcome through technical assistance and support from development partners. By effectively managing digital trade, the AFCFTA has the potential to unlock economic opportunities and drive inclusive growth within the African continent.

Moderator – Alison Gillwald:
Good morning, everyone. I know it seems early for some people, maybe people who were out on the town last night, but actually we’ve got some people joining us online at 3 a.m. from South Africa and 4 a.m. from Addis Ababa, so it’s far earlier for them if it’s feeling rough this morning. This is the IGF Open Forum. On the program is 166, the African Union Approach on Data Governance. The African Union Data Policy Framework was passed early last year by member states, agreed to by member states. Very comprehensive data governance framework, not just a data protection framework, which it often gets condensed to in many of these discussions, and very much part of the broader continental developments around the digital transformation strategy. The digital transformation strategy very much leveraging or being leveraged by, or should also say, by the African Continental Free Trade Area Agreement that also became operational a little time before that. But the digital services protocol is part of the second round negotiations that are currently underway, and I think we’re going to get some nice updates on that from this fantastic team. So I’m going to get Ms. Sohila Amazous to speak from the African Union to tell us a bit more about this very comprehensive data policy framework, but we are going to frame these discussions today around the excellent trade expertise we have, both here and in the room and also online, but also just because this is such a critical aspect of getting the continental free trade area to work unless these digital underpinnings are in place, unless we have these frameworks in place, it’s going to be a very uneven common market that we are going to see. So without much ado, because we’ve got a very big panel, if our people on board are waking up, so let’s begin right away with Ms. Sohila Amazous, who has been leading the African Union data policy framework project from the start, and she is the Senior ICT Policy Officer at the Information Society Division of the African Union, and she contributes to the elaboration and formulation of continental policies. She’s been, as I said, very involved, obviously within the broader context of Agenda 2063 in the digital transformation strategy and then specifically responsible for these two mandates that arise from these two critically enabling mandates that arise from the digital transformation strategy, the data policy framework, and then there’s another digital ID interoperability framework, and I think most of you who are following the G20 discussions and various of these global digital compact discussions will note that these are some of the foundational infrastructures that we need in place for digital public infrastructures. So this enabling framework is very critical to that process, and Sohila, hopefully we have you on board, or online I should say. Please come in and do tell us a little bit about this broader framework, and perhaps later we can get into some of the more detail around enabling data flows and digital services trade. Thank you.

Souhila Amazouz:
Thank you, Alison. Do you hear me?

Moderator – Alison Gillwald:
Yes, we can. Thank you, Sohila.

Souhila Amazouz:
Okay, thank you. Good morning, everybody. As you mentioned, like for me, it’s very early, it’s 4 a.m. in Addis Ababa. So thank you for joining us in this session, which is about the Common African Approach on Data Governance. I thank also Alison for taking care of the moderation of the panel and also for the introduction of this framework. So this AU Data Policy Framework, it reflects, as I said, the common approach of the African countries on data policy and data governance. It was adopted by the African Union Summit in February 22, and the development process of this comprehensive document that addresses data from personal, non-personal, and also from value creation to cross-border data flows to making data available. It addressed all aspects related to data. So the process of its development was collaborative and participatory as we engaged with all original organizations and institutions dealing with data across the continent and also organized an online consultation that was open to all stakeholders. So the main objective of this framework is to raise political awareness on strategic importance of data and also pave the way to development of the digital economy and society because we believe that there is a huge amount of data that is being generated across the continent by the public institutions, by private sector, and also by citizens. And this data is not being used, and also we don’t know how this data is managed by other structures. So the framework aims to create conditions for African countries to harness the potential of data and also to enable citizens to have control over this data. So the framework is based on a number of guiding principles such as trust, fairness, safety, accountability, and also cooperation because we aim to implement the principle of solidarity and collaboration among African countries. And this is in line with the vision of the African Union towards developing an integrated continent. So the framework defines a number of preconditions or enablers that we need to meet in order to take advantage of this resource, namely the digital infrastructure, the connectivity, and also the adequate legal and regulatory frameworks, and also the institutional arrangements that we need to put in place because, like, some countries are in the process of developing their national data policies, but others, they are at early stage of developing their national legislation on data protection. So the framework aims to provide guidance to countries through a number of recommendations and proposed actions, aims to guide the member states to develop their national data systems and capabilities in a coherent and harmonized way that enable interoperability between data systems across the continent and also facilitate data flow between countries and between sectors. So the framework emphasizes the importance of cooperation between countries and enabling data to flow across borders. And for this, we need to create healthy and secure environments through adequate mechanisms and frameworks. For this, the framework recommends a number of actions that we need to take at the continental level and also at the regional level. So after the adoption of this framework, we moved towards a development and implementation plan and also a self-capacity assessment tool that aims to support countries to domesticate this framework. And also as for us as institutions, it aims to help us to identify the individual and the collective needs of country when it comes to human and technical capacity. This activity and the whole development of this framework is made with support of our partner, GIZ, and they take the opportunity of this session to thank them. So the framework is being complemented by additional frameworks. Like this year, we worked on development of guidelines on integrating data in the digital trade agreements, and we have put the document at the disposal of the negotiators on the FCA protocols. We aim to raise awareness and also to explain the key aspects that need to be taken into account in digital trade agreements. And also we aim to create the conditions that enable an efficient use of data. And there is other frameworks that are in the process of being developed, such as the data sharing and data categorization frameworks. And also there is work towards developing an open data strategy. As Alison mentioned, in addition to this continental framework, there is other frameworks that support this digital transition, such as the digital transformation strategy and also the digital ID, which is aimed to create interoperability. And when it comes to data, we developed a continental strategy on creating an enabling environment for digital single market, where data market is identified as one of the pillars. And we aim that the outcome of this session will contribute to the development of this data market through the development of the key capacities and also the harmonization of policies and regulations. I think I can stop here, and I may come back if there is any questions. Thank you.

Moderator – Alison Gillwald:
Thank you so much for that, Suheela. And definitely we will come back to many of those points that you’ve raised. I’m now going to ask Trudy Hartzenberg, who’s the Executive Director of the Trade Law Center, TRALIC, many of you know it as, to speak a little bit about the African Continental Free Trade Agreement negotiations that are currently on, particularly the committee’s work on digital trade, because I think there’s a new round this morning, starting in Kigali, or maybe started yesterday, but it’s very current right now. Maybe Paul will also tell us a little bit more about that. But Trudy, hopefully you are still with us online so early in the morning. Please go ahead.

Trudi Hartzenberg:
Thank you so much, Alison. Good morning, colleagues. It’s a great pleasure to join you from Cape Town this morning. As Alison has indicated, we’re joining this discussion during the week of the fourth meeting of the Committee on Digital Trade. It started on Monday, and I’m pleased to provide a little bit of an update on the digital trade negotiations. Colleagues, digital trade came onto the AFC FDA agenda in 2021, when the discussion was focusing very much on e-commerce. Last year, when the negotiations began, this was broadened to a much bigger scope agenda, covering digital trade aspects more generally, so digitally ordered and digitally delivered trade. It covers aspects such as cloud services, streaming, gaming, and a whole range of very important developmental areas for particularly youth entrepreneurs on the economy, so it holds significant potential. The legal instrument is a very comprehensive one, covering many aspects, not only of data governance, but also taking into account the uneven levels of development of policy, laws, and institutions across the continent. So we see chapters on market access and treatment of digital products, facilitation of digital trade, the broad data governance agenda, business and consumer trust, digital inclusion, a very important topic, particularly for small, medium, and micro enterprises, emerging trends, technologies, and innovation, institutional arrangements, and a very important focus on technical assistance, capacity building, and cooperation to deal with these various levels of development. Following extensive stakeholder consultations, the Committee on Digital Trade was established. It has prepared a draft protocol, and several rounds of meetings and negotiations have been concluded. However, there are important outstanding issues that the fourth committee meeting is considering. The process is then that the draft will go to the senior trade officials’ meeting. This is really where the negotiations take place. This will take place in the next few days. Once that is finalized, then that draft protocol will be considered by the Council of Ministers. That meeting takes place at the end of October. Then the final process is the adoption by the African Union Assembly, so bringing us back to the broader African Union context, keeping in mind, of course, that the AFCFDA is also a flagship project of the African Union, and hence the important connections to the number of instruments and initiatives that Suheela has mentioned this morning. The outstanding issues on the negotiating agenda include a number of important data governance issues. For example, we’re taking a look at cross-border data transfers, the location of computing facilities. Source code is also not agreed yet. Customs duties remains a very contentious issue on digital transactions. Then the issue of alignment of national policy and legal frameworks with the continental framework is particularly important to keep in mind as well. This is not yet agreed. In brief, Alison, this is a little bit of an update as to where we are at the moment. Thank you very much.

Moderator – Alison Gillwald:
Thank you very much for that, Trudy, and trying to keep these complex issues down for the three minutes that we’ve got for each speaker in the first round. I think with the ending on the point around the importance of alignment, maybe if we can jump to Paul, and then we’ll follow with Alexander as in our go. Paul, you’ve been… That’s Paul Baker. in the first instance, is the founder and CEO of International Economics Consulting and chairman of the African Trade Foundation. Among other things, he’s also a visiting professor at the College of Europe, lecturer at the University of Mauritius, where he’s based. Paul, perhaps just to pick up on that last point that Trudy was making about the importance of aligning the African Continent of Free Trade Agreement, area agreements with the data policy framework, the African Union data policy framework. Your job’s been precisely to try and support that alignment. So maybe you could tell us a little bit about that.

Paul Baker:
Yeah, thank you very much, Alison. And a pleasure to be here as well and have this discussion with you. Yeah, first of all, data policy, of course, is really at the cornerstone of digital services. It’s really important that data is treated responsibly and ethically, of course, across borders. And having that certainty as well as to how different jurisdictions are treating the data is going to be essential for cross-border trade, so to sort of reinforce the AFCFTA. As Suheela mentioned, the AU’s data policy framework is quite innovative. It really sets out some of the core principles that need to be adopted at the African Union level. And these have been embodied, I think, in the AFCFTA protocol of digital trade negotiations as well. So just to re-emphasize what Suheela said, really, the free and secure flow of data is really embedded in that AU data policy framework, upholding human rights, looking at security, equitable access to the benefits of data, so not just access to the data, but the benefits of data, and then also considering the different diversity of development levels and technology levels across the continent, so also ensuring these principles of inclusivity, interoperability, innovation, and accountability have also been highlighted throughout that policy framework. So the protocol on digital trade, as Trudy mentioned, has been negotiated and has been widened. It was originally, indeed, just meant to be an e-commerce protocol. And now it’s risen to digitally delivered services as well. So it is a bit more comprehensive than before. And under Suheela’s leadership, we developed this guide to try and have some model texts that could be used in the negotiations of that protocol, using examples from other digital economic partnership agreements or digital agreements that have been digital economy agreements that have been negotiated in other countries. And so what we look at is things like cross-border transfer of data. We look at data protection, primarily personal data protection. Looking at data innovation, open data, interoperability across countries, inclusivity, and then special considerations for countries that are at different stages of development so that we allow their domestic frameworks to evolve and to be prepared for integrating these things. So there is quite a lot to say. But yeah, I’ll pass it back on to you, and then we’ll take some questions afterwards.

Moderator – Alison Gillwald:
Thank you so much, Lise. Sorry, we can’t hear you. So I think the important challenge here is really going to be around the implementation and domestication at the national level so that these enabling frameworks actually are interoperable and possible and fair. So we’ll definitely have to come back to Sahila on the second phase of the data policy framework, which unlike a lot of the other frameworks that have founded under challenges of implementation, there is the second very important capacity building phase that’s going to make this all possible, hopefully. But before we get back to Sahila, Alexander Izanagu is the director of the AFCTA Policy and Development Center. He’s an expert in international law, trade and investment, tax, and he holds a doctorate from McGill University. And Alexander, perhaps you could just talk to us a little bit about at both the national and the continental level. And obviously, this has also very significant international aspects to it. How these frameworks are going to shape the landscape of data flows that are going to be so critical for the economies of scope and scale that we need on the continent to be able to engage internationally.

Alexander Ezenagu:
Thank you for the invitation. Apologies, it’s 4 AM, so I’m trying not to bring news on the tone. I hope everyone can hear me. Definitely thank you for the invitation, as I said. So when we look at data flow and data governance, Kenya becomes a very clear example around what data generation could look like. And I’m sure anyone who followed the recent event around World Coin will see why both the continental national data regulation and data governance is very important. Simply because how you generate the data would also define the accessibility of that data in the first instance. But before we sort of go into around data governance itself, the question becomes more around data penetration in terms of internet access. And that’s something that Kenya and most African countries are also trying to deal with. However, as mentioned by other speakers, there are existing frameworks around the African Union, the EF-SAFETY Digital Protocol, and other sort of frameworks that sort of tend to bring about a multistakeholder collaboration. And I think the multistakeholder collaboration is sort of relevant in being able to sort of achieve a digital trade, right, which is what the EF-SAFETY looks to achieve. So thinking about it generally, there was sort of an understanding that on one end, data is the lifeblood of digital trade in Africa. But to be able to sort of achieve that particular success, then there are quite a number of things that need to be put in place. One is that interconnectivity and broadband expansion at national, regional, and continental levels. First, infrastructure sharing and affordability becomes one aspect that must be considered. Second, again, is creating a conducive regulatory environment. And this is what, again, the other speakers have mentioned. How do we sort of domesticate the African Union digital framework in many African countries, but understanding the local nuances of those digital framework, right? And none of that come to play in that particular instance. Same provision of data usage and generation in Kenya may be different from one in sort of Sharia-compliant country. And I will say this a lot when you’re looking at data generation and how you do the balance. So creating that regulatory environment and adapting that regulatory environment to different countries will be very essential. Again, investment in green ICT and sustainable policies will be one. Kenya, at the moment, is sort of working around the digital last mile, right? What does that mean in terms of connectivity, but also in terms of generation and the use of the data? Because something else that is completely important to think about. And then finally, also, it’s sort of looking at how we educate people on this data governance. Again, a clear example, again, is this recent incident with WorldCoin, where there was a lot of media and public discussion around what that data generation process looks like, but also, again, what the data use looks like. So even just the ownership of data, I’m sure some of you may know of the plan to have a digital ID in Kenya. But even just the background conversation around who accesses and creates that digital ID becomes something to think about. Before I stop, also, to think about how do we fund our data generation and data flow. This is something just to think about, that the same way we discuss sovereign issues in the political and economic space, it’s also important that we think about sovereign issues in financing the digital space. Now, for most African countries, where you do not have the finances to fund your data process and data generation, and you have foreign donors, like Bill Gates Foundation, and other foundations coming to fund your data generation, that digital ID, and other tools and devices, who owns the data and who manages the data, right? So again, that conversation we’re beginning to see in practice, where many African countries are beginning to renegotiate some of these donor grants, because they wouldn’t own that data being generated by those donors, even though the data might culminate in a digital ID for the country. But the data ownership and use of that data is something, again, that is worrisome. So that’s one of the discussions that we’re seeing. And why having a harmonized continental framework, as has been proposed by the AU, is important, but also understanding that different countries have different nuances, different culture, different religions, different policies, different principles, and adapting those continental frameworks to be able to benefit and fit into the different values of different countries. I think that’s a really good place to just make a summary.

Moderator – Alison Gillwald:
Thank you so much for that, Alexander. And you raised the really important points on essentially kind of preconditions, except that we can’t wait long enough to get those all in place before we deal with the data policy frameworks. So very important points. And perhaps Sohila can actually come back to this, because I think what distinguishes the data policy framework from many of the kind of international digital services and some of the GDPR and those kinds of things is that it’s got a very, like, half, the first half of a report is actually about creating the enabling environment that you would need to do to get alignment across the continent. And with this very strong notion of progressive realization of these very high-level human rights-centered principles that are contained in the document. But then, as Sohila mentioned, these foundational infrastructures that you would also require before you are going to see the benefits of data economy. So at that point, perhaps we can actually ask Liping Zhang from UNCTAD, who she’s the chief of the Science and Technology Innovation Policy section. She’s previously worked as deputy director general in China’s Ministry of Commerce, where she served in several positions for over two decades. So lots of evolution with the technology in this area. But also, the UNCTAD was part of the task team of the African Union and has worked very closely on this. And we’ve obviously also, in Africa and within the African Union, there was a strong drawing on the fabulous information reports that the UNCTAD produced. And please tell us how we fared now that we’re done.

Liping Zhang:
Thank you, Elizon. Good morning, everyone. First of all, let me introduce myself. Also, another head that I’ve had with myself. I’m also leading a team that provides sectarian service and substantive support to the UN Commission on Science, Technology for Development. And the work that Elizon has mentioned actually is done by another branch, but the colleague is not able to make it today. So he asked me to also speak on his behalf. And it’s indeed a very good opportunity for me to participate in this meeting, because the UN Commission, CSCD in short, is also looking at the data issue, including data governance, under the invitation from General Assembly. And so I’m very glad to hear the different perspectives at this meeting today. So let me start by congratulating the EU Commission and African member states for the development of the data policy framework. In our view, this framework can serve as a very good basis to strengthen data policies across Africa. And I think the previous speakers have already mentioned how this policy framework will be useful at the continental level and also for the member states in the EU. And from our perspective as an international organization, we want to say that this policy framework also helps the African countries actually to participate in the forthcoming international discussions, or in fact, the ongoing discussions in different settings in the UN system about data policies and data governance issues. UNCTAD has been calling for a kind of coordinating mechanism in the UN system to deal with these issues, because currently there are multiple settings or processes that are dealing with this issue. And in fact, the member states have expressed a kind of, in particular from different countries, the difficulty to follow up with these different processes. So we think that this kind of common approach at the EU level, even though we see they are not going to be prescriptive for the member states, but they will definitely provide guidance to the member states of the EU to participate in these international discussions. So we really think that this is a very good step by the EU. And I heard from our colleague from the EU that the next steps will be capacity building and development of action plans for the EU level and also for the member states. And this is also very important. Indeed, in fact, actually we have prepared a report like this. This is the second draft. And when I’m here, actually my colleagues have developed a third draft about data for development that we are going to discuss in Lisbon in November. And we find that for developing countries, in order to benefit from the data arrow and capacity building skills, it is very lacking, which can be reflected in different aspects. In fact, not only in the infrastructure that is needed to generate data, to collect, store, analyze, and also use the data, but also the human capacity to really do this kind of work. In fact, data is just one word. But data is, in fact, a value chain. As I’ve mentioned, there are different links in this value chain. And in each link of the value chain, there is indeed a need for developing countries to build capacities. So we hope that this policy framework developed by the EU will really help the African member states to benefit from data through capacity building. Of course, there is a need for development partners like GIZ to provide support, in particular financial support, to the EU member states in order to achieve that purpose. And we have heard a lot, actually, in the past two days’ discussions on global digital compact and digital benefits, et cetera. There’s indeed a big lack of financing for developing countries. Thank you.

Moderator – Alison Gillwald:
Thank you very much, Liping. Thank you very much, Liping. I think there’s lots to come back to on the data for development, which we obviously, I think, now. in a much better position to engage in some of those discussions which I think African voices have been very absent from, member state voices in the past, so I think that’s a very welcome development. And then I am, we will come back and ask Sohila to speak a little bit more about the second phase, the implementation phase, which is in fact already underway, and the data policy framework report was up on the screen, but in fact there’s also the published implementation which is actually the action plan, the implementation framework, which includes both a capacity building self-assessment tool for countries which will facilitate support through the AU, so we can definitely come back to that. And of course that has been made possible, as you mentioned, with GIZ support. So let me go to Martin Wimmer, who’s the Director of General Development Policy Issues at Germany’s Federal Ministry of Economic Cooperation and Development, and perhaps, Martin, you could really speak to us about the priorities that have been identified for implementation, but also how those align to global challenges that we’re facing, and particularly the achievement of the SDGs.

Martin Wimmer:
Thank you. Money is lacking, but we’re doing our best. BMZ and the German government have joined forces with other European member states and partners to support the African Union in this endeavor. BMZ has committed €20 million to the data governance initiative that supports implementation of the AU data policy framework in 10 to 15 partner countries. The initiative will provide a total of €57 million in European contributions to harmonize data policies on the continent and to support the foundation for data-driven society and economies in African partner countries. It will focus on three key areas, data policy, data value creation, data infrastructure, and as you said, reaching the SDGs is at the heart of BMZ’s work. The 2030 Agenda emphasizes the importance of high-quality, accessible, and timely data for sustainable development, and for instance, with the Data for Policy initiative, we support data-based policymaking in our partner countries in order to make evidence-based decisions in the interest of citizens. We are concerned with combating inequality in data sets. The feminist development policy prioritized by Minister Svenja Schulz is guiding our action in this regard. And as a last example, the BMZ Data Lab and the Data for Policy initiative, in collaboration with international partners such as Paris 21 and the UNDP, are supporting the integration of a gender data lab in the National Statistics Office in Rwanda. Finally, using data for achieving the SDGs, people and companies need digital and technical skills. BMZ therefore supports the public sector, the private sector, civil society, especially young women in acquiring the necessary knowledge about digitalization.

Moderator – Alison Gillwald:
With that short, and allowing us to also just take a quick round of comments from the panelists who might have questions to each other, I can see lots of intersections, but perhaps just starting off with Sohila before I turn to each of you and see if you do have questions of each other. Sohila, perhaps if you wouldn’t mind returning to firstly some of the, I mean, so much has been covered here, but maybe just also to speak about the implementation framework, and then of course, respond to the other questions on data flows that you’d like to.

Souhila Amazouz:
Okay, thank you, Alison. And also thank you to the panelists for making reference to the framework. I think, as you mentioned, now we move to the second phase of the implementation, because like after the development process and also the adoption of this framework, now we started the implementation with development of an implementation plan that identifies key actions that needs to be taken both at national level, regional and continental level. And also we come up with, as I mentioned earlier, the self-capacity assessment tool, which aims to develop kind of tailored technical assistance to each country, because we aim to accompany our member states in the implementation, because like in Africa, we have noticed that implementation is a challenge. Sometimes you come up with very good frameworks and policies, but the implementations sometimes takes years for this data policy framework. And knowing the ongoing discussion at global level about data governance and the importance of data to support the development of digital economy and society, and also to feed the development of other technologies, we started working on the implementation and to engage with member states to support them in development of their national data governance systems and also their capacities. And also we come up with a number of capacity building workshops that we came to promote this framework and also to build the capacity of the policymakers and experts on data-related issues. When it comes to the objective of the framework, and also I would like to comment on the representative of UNCTAD, I think the framework, as I mentioned earlier, reflects a common approach, but also it reflects the reality of the continent, because our countries, they are not all at the same level of advancement of digital readiness and also data maturity. So for us, we have to adapt to the situation. And also the framework reflects what the African countries aim to achieve with regard to data. We aim to create that balance between ensuring value creation, supporting development of economy, but also at the same time, ensuring the necessary protections of the African citizens and also the protection of African economies, because we know that digital economy is global, because there is no borders in digital economy, and African countries, they are building their capacities in this field, and they aim to create the necessary conditions for the development of new business models and also to be part of the global digital trade system. So it is what they can say at this level, but some countries, they have started already developing their national data policies, and also we are very happy to see the progress, because there is progress from all levels. Like some countries, they are working on their legislations for personal data protection, and other countries, they move towards developing national data policies. And at the regional and continental level, we started working to develop the necessary mechanism that will facilitate collaboration and cooperation among member states. It is what they can say, and I am happy to take any other questions. Thank you.

Moderator – Alison Gillwald:
Thank you very much for that, Suheela. And I’m just wondering if any of the panelists want to pick up on anything. I think a number of people, Alexander and Paul, you both mentioned the importance of interconnectivity and interoperability, and I think in the data policy framework, we identify a number of kind of low-hanging fruits that one could achieve, particularly kind of in the context of the continental free trade area and getting things moving as quickly as possible, as you mentioned, some very high-level, ambitious, aspirational principles in the document, but certain things that we’ve got to get going right away. And I think one of those that’s identified is the technical standards that could be put into place quite easily, so that there is standardization amongst national systems and for cross-border flows as well, that could immediately open up the kind of interoperability that we need for the continental free trade area. So while there are these bigger issues and the capacity building that has to be done, there do seem to be some immediate things that we can get some momentum on in support of the continental free trade area. Martin?

Martin Wimmer:
Yes. Suheela just said there are no borders in the digital economy. I don’t believe that, actually. Once the phrases information superhighway and then data highway were highly popular. We don’t use it anymore, but the analogy was helpful. Imagine a highway, a truck, and its load. What countries regulate when they regulate data are actually data packages full of goods. We use the abstract term data, but what we’re really talking about is knowledge, education, news, music, art, products, software, identities, rights, money. That’s what data is. Data is commodities. The seemingly immaterial data in reality materializes every time it is used, and every country needs those goods, just like energy or food. So it makes a lot of sense to stimulate and regulate this data traffic, this online exchange of goods in a society and economy, and especially because just like real highways, data crosses borders. Countries don’t want diseases and terrorists to cross their borders, and countries don’t want spyware or fake news to cross their digital borders. On the other hand, the more sets of rules you encounter on your network of data highways, the more customs you have to pay at the border, the more difficult and expensive it gets, but also maybe the safer is the travel. That’s why the United States, the European Union, the African Union, they all try to break down barriers, break down barriers, and make digital goods easily, inexpensively, and safely available for their citizens, which is a good thing, even if companies try to tell us sometimes it’s not. And I’m explaining this because I don’t believe in this narrative that exploiting big data is a must for economic growth, let alone that growth is helpful for decarbonizing our global economies. From my point of view, the goal is not data markets which drive sales for a few tech companies, but the goal is open data and an open internet for everyone. That’s the goal.

Moderator – Alison Gillwald:
Thank you very much for that. So… That these data flows are very asymmetrical in and out of Africa, and that currently Africa has very little control or enforcement. And so I think an important aspect of us speaking about domestication and about regional harmonization is that, in fact, many of these issues will not be enforced without global governance and global cooperation. And so alignment of these national objectives, which are, I should point out in the document, like many other, of the default commercial value creation, there’s a strong emphasis on public value creation because a lot of the data actually sits in the public data that’s collected of the numbers of people who are offline. The data that is collected sits with the public sector, and so enormous potential there in terms of realizing some of the public value that’s attached to that. Can we take a round of questions from the floor?

Alexander Ezenagu:
I’m just going to quickly chip in on what Paulette said.

Moderator – Alison Gillwald:
Yes, please go ahead, Alexander, while we wait for some questions. If the people in the room, I’m afraid, so that I’m… Not I’m afraid, but you’ll have to stand in front of the microphone so that the online people will be able to hear you. So if you just come to the mic.

Alexander Ezenagu:
No, no, thanks, thanks. I think there’s sort of two aspects I just want to quickly refer to, right? One is, and I think Paul made a reference to it, it’s around how we sort of demoralize or moralize data collection and data usage. Now, again, given a practical example, we see this with the conversation between Kenya and TikTok, right? And some sects of the Kenyan government sort of believe that TikTok tends to corrupt the morality of young people. And that sort of points into what we’re doing with data and how we use data and how we perceive data. So it’s important also that in that data governance, there’s a need for a continental standard on what kind of moral persuasion and relationship data has with our cultural values. Otherwise, then we could see a stop to data penetration simply because of those kinds of moral values. That’s one. But two, also there’s something else we’ve seen across African countries. It is the implementation of digital service taxation, right? So if you’re trying to also trade data and also sort of, you know, be in the digital trade space, the question becomes, how do you harmonize the tax aspect of that? Because again, if you do not harmonize the tax aspect of that, what would happen again is that you find countries creating barriers to data penetration. So we’ve seen it again in countries where, for example, Netflix has been blocked, Facebook has been blocked, Twitter has been blocked because the government believes that these are extraterritorial and you want to share the revenue from these companies. And because, again, you do not have sort of an harmonization of tax laws within the AFCFT, then you have a non-tariff barrier to us successfully implementing the AFCFT, right? So again, while the AFCFT is good so far, I’m sort of focusing on another aspect. There are other non-tariff barriers, like tax issues, harmonizing those tax laws that sort of would affect the digital trade and data generation and data flow. So that we also look at it holistically to say we have an issue of defining the role of data in morality in the society. And if data should have any role in that particular morality conversation. But also secondly, it’s also the issue of taxation of this revenue from data, taxation of data itself. Is it an asset? Is it a flow? And how do countries also come to treat that thing? I think a continental framework would assist simply because companies would better manage this relationship other than having different agreements with different national governments. So I thought I’m going to put some context into the conversation. Thank you.

Moderator – Alison Gillwald:
Thanks very much, Alexander. I think the issue of moral alignment is an enormous challenge on the continent. I think it’s a challenge globally. Interesting and provocative question. Hopefully somebody from the room will also respond to that. But would you introduce yourself?

Audience:
So my name is Morten. I’m from UNUIGAV. And we work with a number of countries and regional partners on things like data governance. So while it’s great that there’s an AU framework coming in play, and you’re also addressing the need for capacities, one of the things we know from our work with countries like China or the Europeans or even in Tanzania and Rwanda, we see that there’s also informal processes that are essential, particularly within organizations when it comes to data management and quality assurance. So one thing is having the interoperability frameworks on a national level, regional level, even. and institutional level, and having formal processes for ensuring who access what data and what situations, what’s allowed, what’s not allowed. There is the informal processes in terms of quality assurance. So, what happens if we see that there is data that looks wrong, suspicious? Morton is 130 years old, based on the data we get from the population registry, or he earns $3 billion a year. There seemed to be something wrong. What is the process for clarifying that question, both internally, but also with the data manager of that data set? And this is something we see that, for instance, the Tanzanians are trying to grapple with around financial data from the M-Pesa systems and for minibus companies like the microenterprises when they’re trying to capture that. What is the process to manage this data? We see the same reflected when we speak to social security agencies in the Ministry of Human Resources and Social Security in China, where they are trying to grapple with data from 4,000 different government actors in this area, or from the French, or from the Danes, or from the Australians, or the Rwandans. So, those are the type of things that I think is really important when you talk about the capacity development, that it’s not just about the formal framework and compliance with that. It’s also about the internal processes, both formal and informal, to ensure that the data is actually correct. And that’s a key challenge. So, how are you addressing that? And what’s the experiences in this room to address that in a constructive and positive way?

Moderator – Alison Gillwald:
Thank you very much for that. I’m going to take questions quite quickly, and I’m going to continue to touch on some challenges that have been kind of taken up a long time. But I’m going to ask you to just specifically answer that question. Because it’s, you know, it’s come up in the task force and that. And this, the framework is very much trying to set the enabling framework. The actual data management and those kinds of standards and things within companies are obviously something that have to be taken up at the domestic level, depending on the country and the circumstances and the levels of capacity building required. Often, it’s quite advanced in some of the financial systems and less advanced in others. But, you know, this is a broad framework for harmonization and kind of national guidelines, as opposed to, you know, kind of company, national policy for companies on managing data. Thank you so much. Next question.

Audience:
Good morning to everyone. My name is Oliver Bamengu. I am a member of parliament in Cameroon. I want to start by sincerely thanking GIZ for their support towards this data program in Africa and to say that the issue of data in Africa, it is something that is new. Many countries are not, they don’t even have legal instrument on data. And, you know, we have to start by making sure that we popularize the African Union data policy framework so that we can, so that it can go, it can be domesticated both at the national and regional level, sub-regional level. Secondly, we are all aware about the Malabo Convention that discusses three things, personal data protection, electronic comments, and cybercrime and cyber security. So, what will you be advising African countries to push with the ratification of the Malabo Convention that discusses also include data protection? Or you will be advising African countries to push for a deeper look into the African Union data policy framework? That’s a kind of advice to African country because yesterday I was having a discussion with some authorities back home and they were telling me, Honorable, how do you want us to carry two things at the same time? You are telling, you are on our neck that we should ratify the Malabo Conventions that gives an African reality on all of this. And you are on our neck again that we should ratify the Budapest Convention that gives, that talks about the same thing with the two additional protocols. And then, again, you are coming again with the African Union data policy framework. What do you, where should we start? So, from here, you can advise us on how we can target it. But, like I said, this program of the African Union, the AU data policy framework is a good one and please do everything possible to be the capacities of political leaders and leaders in Africa so that they can be able to own this thing, they can own it and carry the message back home. Thank you very much.

Moderator – Alison Gillwald:
Thank you so much, Honorable MP. Absolutely. I think, again, something I’m going to have to ask Sohila to answer for us, but a lot of discussion during this process of whether the Malabo Convention requires, it’s now so out of date, but it actually has got all the fundamentals. It’s in line with Budapest. It’s in line with the African Union. So, I think it’s not problematic, but it does need to be understood. And I think you’re right that there’s not a lot of awareness around lots of these processes. So, Sohila will have to take that one as well. Thanks very much, Paul.

Audience:
I think in the interest of time, I’ll just take one question from the online participants. Does the AU framework take into account foreign private corporate data collection?

Moderator – Alison Gillwald:
Okay. So, again, it does address that. We’ll ask Sohila to do that. And would you introduce yourself?

Audience:
Yeah. Thanks, Alison. My name is Lisa Rembo, a research fellow at Research ICT Africa. I’m not asking this question as an insider because I haven’t worked on data governance project. So, my question addresses or particularly raises question on capacity and use by SMEs and other higher levels of organizations. So, how does the Africa Data Policy Framework and its implementation framework tackle the issues of capacity and use and in relation to very few organizations in Africa collecting large amounts of data and SMEs collecting some amounts of data significant but not being able to use it? So, in the continent, we already have so much data, but the people collecting it are working in silos. So, there’s no movement, there’s no usage. So, how does the framework address that as well?

Moderator – Alison Gillwald:
Thank you. Thank you very much, Elizabeth. We’ve now got a question from Suhila. So, I’m going to ask her a question. Can you please introduce the people who are working on this at the same time? And I think first we have Suhila to take the floor and then we’ll go to Alison. So, this might be related to her or directed at her. So, Suhila, if you could please answer some of those questions and then I’ll quickly go around the panel one last word. And apologies for the shortness of your contributions.

Souhila Amazouz:
Thank you, Alison. And thank you for the questions. I would start by the question of the representative of the parliamentarian about the capacity building and also what is the difference between the AU Data Policy Framework and the Manapur Convention. And I would say that the capacity building is very important and there are many recommendations on capacity building in the framework because our countries, they are aware about the need to develop the capacity at all levels from the policy makers to the development of data protection authorities to the development of the data professional task forces, workforces across the countries. There is a huge need for development data and there is even a proposal that either existing institution or create a new institution to take care about this aspect. And the work is ongoing. This year, we started organizing capacity building workshops for representative of the countries. We invite representative of the ministries, policy makers and also the data protection authorities. But the work is really ongoing that we can work with as many representatives as we can. And also there is work that will be done at the national level. The Manapur Convention, it enters into force this year. Now it is the instrument that regulates the data protection, cybercrime and also the electronic transaction across the continent. It is a binding instrument and countries now who are ratified the instrument, they are committed to align their national legislation and to ensure that they comply with the Manapur Convention. And the EU Data Policy Framework is the policy framework. It is high level recommendations. It aims to provide guidance to shape the data governance and data policy across the continent. But countries, they will internalize or domesticate, depends on their national context. It’s not like the Manapur Convention, which is an instrument. It is binding instrument. And for us, there is complementarity between data policy framework and the Manapur Convention, as well as the part related to personal data protection. It is driven from the Manapur Convention. The second question, I could not get it.

Moderator – Alison Gillwald:
So, Hila, sorry, because you didn’t get the last question, we will speak to people in the room afterwards, if you don’t mind. Because it’s an online session, the organizers are absolutely brutal about this. We’re simply going to be cut off in a couple of minutes. So, I’m just going to ask, so Hila, if you would indulge us just to ask the panelists who haven’t spoken just to say a couple of words in closing as we close off. So, Paul, would you like to?

Paul Baker:
Okay, let me just one minute. I think a very important point, the Manapur Convention took nine years to get implemented. It was adopted nine years ago, but it has only started to come in force recently. So, one of the big problems is the commitment and the time it takes for countries to actually implement some of these instruments. Indeed, so Hila mentions, these are guidelines, the data policy framework. So, these are the principles that we need to adopt so we can check whether we’re implementing against those principles or are we going against those principles. So, it’s quite important. And then just finally, just to say that on the implementation side, we need to get the equivalence in GDPR, for example, on data protection. There isn’t currently recognition of different people’s countries regimes. Even the countries in Africa that have implemented GDPR compliant EU legislation are not recognized by the EU as being compliant with the GDPR. Therefore, there is no equivalence, which means you cannot share data between the European Union subjects and African subjects. That’s a big problem and that needs to be rectified to be able to take advantage of data frameworks. Thanks.

Moderator – Alison Gillwald:
Thank you very much, Paul. If I can ask Trudy, in our remaining seconds, please come in and say a few words.

Trudi Hartzenberg:
Thank you so much, Alison. Just briefly to acknowledge that data policy and governance is very much a cross-cutting policy area and governance area. And I do want to note the implementation challenges of the AFC if they are not only the protocol on digital trade, but its connections to the other protocols, trade and services, competition, intellectual property rights and so on. They all contain provisions related to data, data governance and consumer protection and related issues. The technical assistance, which is going to be required at national level to embed those commitments effectively in our data policy and governance frameworks is a very important consideration. Our development partners, certainly we will need their assistance to be able to achieve those objectives. Thank you.

Moderator – Alison Gillwald:
Thank you so much, Trudy and Luping.

Liping Zhang:
Thank you, Alison. I just want to make three points. The first point is that there’s a question about the informal process and our quality assurance. I think this question actually reflects a kind of common question among us, which is we actually haven’t understood the data well. There are many unanswered questions or pending things that we need to consider deeply. And as Martin has mentioned already, data is an economic input, so it can be materialised. But on the other hand, data is more than just an input because it can also inform our policymaking. So I’m not sure because I haven’t read this policy framework. I hope that the data policy framework or the action plans, capacity building at AU level, we also address this aspect of data. It’s not just an economic input, but also it informs policymaking, which is also equally important. And regarding to ensure quality assurance, in fact, there is need for standards. In particular, for example, what kind of metadata should be subject, what kind of standards should the metadata be subject to? That will help a lot to improve the quality of the data. Secondly, to strengthen public data ability. This is also a recommendation that we have put. And then I want to say that it’s very good for AU to have this kind of cooperation to be highlighted in this data policy framework, because at the global level, cooperation in data areas is also very important. And with this kind of cooperation experience at AU level, I think it will definitely provide a good example for also in the international cooperation and discussions. I think this must be the first largest kind of continental level data policy framework, so I really congratulate AU for that.

Moderator – Alison Gillwald:
Thank you very much for that, Daphne, and I would like to move on to the next component, precisely on public value creation. Of course, there is a section on commercial value creation. We definitely need to grow that in the continent, but the public value creation, which includes the use of public data for public purposes. But of course, importantly, going to some of the questions we haven’t answered on the floor, also the management of that data and access to that data and open data frameworks – protected open data frameworks – for preferential use potentially by African countries among themselves, and also for local entrepreneurship and innovation. So there’s a lot of policy and strategic opportunities for local value creation and public value creation, particularly in public planning. So it’s just about getting this all done now, so a big challenge ahead of us. Thank you so much for all your time and your inputs, and thanks very much to Alexander. I’m sorry we couldn’t get back to you. I think you had a little bit of a nice provocative question, so we’ll have to pick up some at another time. And to Trudy, Martin, Leping, and Paul, thank you so much. Thank you. Let me use this opportunity to invite you to the two events. One is Ancata e-commerce e-week on 4th to 8th December in Geneva. And the other is a CSED discussion on data for development in Lisbon on 6th and 7th November. Thank you.