WILMap: African Union


LEGISLATION

 
[(1) In June 2014, the Executive Council of the African Union adopted the Convention on Cyber Security and Personal Data Protection (“the AU Convention”). The Convention will enter into force upon ratification by at least 15 AU member states. The AU Convention contains provisions pertaining to e-commerce, personal data protection, and cyber security. 
 
(2) Article 9(2)(b) relates to intermediary liability in personal data processing: “[the] Convention shall not be applicable to Temporary copies produced within the context of technical activities for transmission and access to a digital network with a view to automatic, intermediate and temporary storage of data and for the sole purpose of offering other beneficiaries of the service the best possible access to the information so transmitted.” 
 
(3) The Convention does not provide safe harbors for intermediaries for third party breaches of copyright or other laws.]

BILLS AND PENDING PROPOSALS

[There are currently no known new legislative proposals on the issue of intermediary liability.]

DECISIONS

[There are currently no known decisions on the issue of intermediary liability. Authority to rule on disputes over interpretation of AU treaties will be given to the African Court of Justice and Human Rights, which will incorporate the already established African Court on Human and Peoples' Rights.]

OTHER RESOURCES

African Court on Human and Peoples' Rights (ACHPR), http://www.african-court.org/
African Declaration for Internet Rights and Freedoms, http://africaninternetrights.org [See Section 9. Intermediary Liability]
African Union, http://www.au.int/en
African Union, Cyberlegislation, http://au.int/en/cyberlegislation
Nicolo Zingales, Internet intermediary liability: Identifying best practices for Africa (Association for Progressive Communications, November 2013)

CONTRIBUTORS

Center for Intellectual Property and Information Technology Law (CIPIT) at Strathmore Law School in Nairobi, Kenya

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