Africa’s digital realm is rapidly evolving, with increasing regulatory frameworks emerging amidst diverse challenges. This contrasts with Europe’s established yet subtly influential digital governance landscape. The paper analyzes the dynamics of data regulation cooperation, advocating a non-paternalistic EU approach that embraces data sovereignty and a nuanced partnership strategy.
At the heart of the ongoing digital transformation lies the force of data. Its processing and utilization stand as the cornerstone of unprecedented advancements and innovations, rendering data one of the most prized assets in today’s information age. Embedded in a global competition for markets, influence, and ideas, the extraction and governance of data also affects the relationship between Africa and Europe. Historically, Africa has trailed behind in terms of regulation of the digital space. Nevertheless, as the youngest continent, it hosts a growing population of digital natives, also fostering better and more comprehensive approaches to data governance. Under the auspices of the African Union (AU) and pioneering countries, Africa has adopted a more strategic and assertive approach towards its digital transformation trajectory. No fewer than 36 African states have enacted some sort of data protection guidelines at the time of writing. After ten years of waiting, the AU data protection convention entered into force in 2023. Conversely, the European Union (EU) stands as a global leader in data governance, advocating for a regulated digital sphere to promote what it terms a human-centric approach to data. Moreover, the EU leverages the export of its regulatory model as a strategic tool to assert its position in a digital realm dominated by both state and non-state actors from the United States and China.
Drawing on an extensive review of the literature, alongside first-hand interview material and survey data collected in six African countries, the paper delves into the dynamics and patterns of cooperation between Africa and Europe within the domain of digital data governance, shedding light on both promising avenues and inherent constraints. Based on this analysis, the text draws three main conclusions. First, it observes a highly dynamic African data space with increasing uptake of regulatory frameworks and data protection norms. At the same time, it points to persisting differences between countries, and to the challenges in implementing newly established legislation. Second, the EU’s pioneering role in this domain not only strengthens existing partnerships but also offers new avenues of intensified cooperation. A more regulated and standardized African data space can be beneficial for individual African citizens as well as for economic growth. However, and despite global leadership in the area of data protection, the EU is only one among many partners when it comes to the African digital market, and its investment remains modest by comparison with that of others. This is important to note, as investment, knowledge exchange and regulatory harmonization need to go hand in hand in order to realize full potential and create a strong partnership between the two regions. Third, it remains uncertain whether the solutions on offer align with existing demands. African tech entrepreneurs, innovators, and policymakers may not necessarily turn to the EU when charting their technological trajectories and innovation paths. In particular, the EU’s emphasis on regulatory rigour is not always embraced by everyone but is sometimes even viewed as a hindrance to economic development. Debates in Africa focus on the appropriate and balanced level of regulation, with various stakeholders advancing different viewpoints. And while the benefits of a digital single market are emphasized by both African and European policymakers, it is crucial not to overlook the disparities between the two regions (as well as within them). In light of these observations, the paper advocates for the EU to follow a strategic and differentiated approach to cooperation, and to avoid adopting an overly paternalistic stance that heavily relies on conditionality. Instead, it recommends fostering a discourse centred on the global significance of data sovereignty and leveraging the EU’s expertise in establishing a digital single market as a constructive contribution to the partnership. Further research can offer more dependable data regarding local demands in various different African contexts as well as unpacking Africans’ perceptions of the different digital governance models vying for the continent’s consideration. Additionally, exploring the nexus between regime types and the adoption of digital governance is prone to produce valuable insights.
About the Author:
Benedikt Erforth focuses on EU development policy, EU-Africa relations, development finance, digitalisation policy, Franco-German cooperation and the Sahel (Mali).