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03 March 2025

Africa Takes Major Steps Forward On Data Privacy

New data protection laws emerge across the continent to secure citizens' personal information.

Data privacy is increasingly becoming both a topical and urgent issue, especially as digital ecosystems expand across the globe. A recent report from Yellow Card, Africa's stablecoin-based infrastructure platform, emphasizes the dramatic shift taking place across Africa. By 2025, 39 out of 55 African nations will have enacted data protection laws, marking significant progress when it was only recent years ago this topic was barely addressed.

Among the nations leading this charge are Kenya, Nigeria, and South Africa, who not only spearhead the enactment of such laws but are also focused on creating stringent enforcement mechanisms. These countries represent large and rapidly digitalizing economies within Africa, where demand for stronger data protection laws is at its peak. Noteworthy efforts in data privacy enforcement were recorded in 2024 as these nations established operational data protection authorities to oversee compliance.

For example, Kenya and Nigeria's data protection authorities have been recognized for their proactive steps toward ensuring organizations abide by recently established regulations. Recently, Botswana, Cameroon, Ethiopia, and Malawi have also taken remarkable strides by totalizing new data protection laws.

Nonetheless, not every country has made the same progress. For nations like Djibouti and Eritrea, the absence of formal data protection regulations renders their citizens vulnerable to data mishandling and cyberattacks, complicate the international business environment as companies navigate differing regulatory frameworks.

Thelma Okorie, Group Data Protection and Privacy Counsel at Yellow Card, explains the complexity of data protection measures across the continent. She notes, "Despite the variables in different countries, data protection laws remain pivotal to safeguarding individuals' privacy, mitigating risks like cybercrime and promoting cross-border trade." This conveys the importance of not just having laws but effectively enforcing them.

Looking forward, Africa's data protection legislation is expected to become even more comprehensive. Analysts predict the impending evolution of data laws to encompass sector-specific regulations and increase the focus on protecting minors online. Reinforcements and collaboration among data protection authorities will be instrumental as harmonization of laws across borders continues to develop.

Enabling safer online experiences will also involve updating cross-border data transfer mechanisms to promote growth and collaboration. Access to user information is becoming more regulated, but countries need to harmonize those regulations to facilitate smoother international transactions.

On another front, technology companies are launching initiatives to bolster privacy, with Jolla taking the lead with their new AI assistant branded as Mindy. The AI assistant offers users integrated capabilities with various applications such as email and social media to enable private interactions without data mining from major cloud services.

This ambitious effort provides users with personalized assistance, allowing them not only to filter and summarize content but also to execute various tasks, all without compromising their data privacy. Contrary to conventional cloud services, this solution promises to securely automate processes without feeding back user data to third-party networks.

Co-founder Antti Saarnio mentions the increasing necessity for tools to help individuals handle the overwhelming influx of information, stating, "There's massive cognitive load coming at the moment because of AI. And I think we need assistance to filter things. It's your own tool — you own it." By focusing on local AI functionalities, Jolla intends to create tools for personal data management where user data can remain on the user's device.

Mindy, their AI assistant, aims to mitigate privacy tradeoffs associated with powerful AI applications. Users can self-host this assistant on Jolla’s proprietary hardware, effectively minimizing reliance on external cloud services. This allows them to maintain control over their data, ensuring it remains private and secure.

The importance of data privacy is not limited to personal use or localized solutions; there are broader legal ramifications as well. Recent court decisions have been discussed concerning data breaches and cyberattacks. With privacy provisions prevalent across many legal documents, the definitions and obligations due to cyber incidents have come under scrutiny.

These cases reveal the gray areas within legal systems, particularly issues surrounding disclosures made as consequences of data breaches. The decision presented recently indicated such breaches may not really fall under traditional definitions of 'disclosure' as defined by privacy policies. The law's evolution, influenced by contemporary data security dialogues, is expected to shape future documentation and privacy provisions appropriately.

This blend of legislative efforts and initiatives from tech companies signals strong progress toward improving privacy protocols and standards globally. It is imperative as global interconnectedness increases and more personal data is shared online, countries must adapt their privacy regulations to keep pace with complex digital realities.

Citizens across the globe from varied economic and cultural backgrounds stand to benefit from effective data protection measures and technologies. The ultimate goal remains ensuring the appropriate balance between innovation, privacy, and enhancing individual freedoms.— as privacy becomes as precious as currency.