South Africa’s Protection of Personal Information Act (“POPIA”) imposes strict requirements on processing personal information, especially that of children. Under South African law, a child is a natural person under the age of 18. Recent enforcement action against the Department of Basic Education (“DBE’) highlights the importance of obtaining parental
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Africa Technology Regulatory Update: Adoption of the AfCFTA Protocol on Digital Trade
What has happened?
The African Continental Free Trade Area (“AfCFTA”) has emerged as a pivotal opportunity that will set the framework for future trade across Africa. Amid the prospects, one of the challenges has been the fragmented and diverse regulatory environment, coupled with regulators adopting policies that are not conducive
Continue Reading Africa Technology Regulatory Update: Adoption of the AfCFTA Protocol on Digital TradeEMA announces €10 million of funding to support the establishment of the African Medicines Agency
On 26 January 2024, the European Medicines Agency (EMA) announced that it has received a €10 million grant from the European Commission to support regulatory systems in Africa, and in particular for the setting up of the African Medicines Agency (AMA). Although still in its early stages as an agency
Continue Reading EMA announces €10 million of funding to support the establishment of the African Medicines AgencyTech Regulation in Africa: Recently Enacted Data Protection Laws
There has been a substantial increase in the use of the Internet across the African continent, aided by ongoing investment into local digital infrastructure, reduction in the associated costs, and improved user access. This has allowed both individuals, and private and public entities, the ability to access, collect, process and/or disseminate personal data more easily, which has spurred a number of African countries to enact comprehensive data protection laws and establish data protection authorities. There is also a growing perception among African countries that there is a need to protect their citizen’s personal data, to regulate how public and private entities use personal data, and to establish data protection authorities tasked with enforcing these laws.
While countries like Kenya, Rwanda and South Africa now have comprehensive data protection laws, which share some elements found in the European Union’s General Data Protection Regulation (“GDPR”), many of the proposed data protection laws have specific rules that are different from those in other countries in Africa. Consequently, technology companies conducting business in Africa will be required to keep abreast of the evolving regulatory landscape as it relates to data protection on the continent.
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Overview of South Africa’s Draft National Data and Cloud Policy
If there is a silver lining to most crises, the accelerated move toward digitized commerce globally and in Africa may be one positive outcome of the COVID-enforced lockdown. It is welcome news there that the South African Minister of Communications and Digital Technologies (“Minister”) published the Draft National Data and Cloud Policy (in Government Gazette no. 44389) (“Draft Policy”) for public comment. The Draft Policy seeks to create an enabling environment for the provision of data and cloud services in an effort to move “towards a data intensive and data driven South Africa” that ensures social and economic development and inclusivity. The Draft Policy affects a few key areas, which we briefly highlight below.
The objectives of the Draft Policy are to:
- Encourage universal access to broadband connectivity, along with access to data and cloud services;
- Eliminate regulatory barriers and enable competition in the data and cloud sector;
- Implement effective measures to ensure the security of cloud infrastructure;
- Create institutional mechanisms to govern data and cloud services;
- Support the development of small, medium, and micro enterprises (“SMMEs”);
- Promote research, innovation, and technological developments in relation to cloud;
- Increase the government’s capacity to deliver relevant data and cloud-based services to the public;
- Promote data sovereignty and security with respect to South African data; and
- Encourage alignment with the Fourth Industrial Revolution (“4IR”), the OECD Framework and standards adopted by the European Union.
Draft Policy proposal relating to digital infrastructure
The Draft Policy recognizes that digital transformation in South Africa relies upon further developing electronic communication networks, mobile communication networks, and cloud and data infrastructure services in the country.
In relation to universal access and service delivery obligations, the Draft Policy recommends a government-backed digital platform and for all South African citizens to be provided with an online identity in order to receive services more easily.
The Draft Policy discusses the need for a Wireless Open Access Network (“WOAN”) “to extend the digital infrastructure footprint and services” across the country. The Draft Policy also refers to various measures to ensure the deployment of electronic communication infrastructure, which will help to bridge the digital divide by ensuring universal access to cloud and data infrastructure services for all South Africans.
The Draft Policy also proposes that existing networks of state-owned enterprises, such as Sentech and Broadband Infraco, be consolidated to form a State Digital Infrastructure Company (“SDIC”), which will provide network connectivity for the State.
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Top Issues to Watch in Africa: 2021
Can African governments head off a sustained spike in the spread of COVID-19 and recover economically in 2021? How will the Biden administration engage the continent? Will companies implement more effective due diligence efforts in their supply chains to prevent human rights abuses? What impact will efforts to battle corruption and mitigate climate change have in the coming year? Covington’s Africa Practice offers insights on these questions and other key issues that will define 2021 on the continent.
COVID-19 Recovery: Since Africa confirmed its first COVID-19 case in February 2020, every country has been affected, leading to over 100 million cases and two million deaths. The World Health Organization applauded African governments for their swift responses which curtailed wide-spread infections but contributed to the region’s first economic recession in twenty-five years. Over the last month, Africa has been hit hard by a second wave of COVID-19. Daily case rates have increased to almost twice the rates in July and August 2020, prompting South Africa, among other nations, to re-impose severe measures aimed at preventing deaths.
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African governments ease COVID-19 restrictions and reopen economies
A growing number of African countries have begun to ease COVID-19 related regulatory restrictions. Some countries, such as Kenya, Rwanda, and Senegal resumed international flights in August, while other countries like South Africa and Nigeria are only now opening their borders. For a continent that slipped into recession for the first time in a quarter century due to the pandemic, the reopening is a welcome step toward restoring economic growth across Africa.
This is a significant development considering the swift action that many African governments took in the early days of the pandemic. Many African nations introduced some of the world’s most stringent regulations that placed restrictions on the movement of people domestically and halted international travel from high-risk areas, including Asia, Europe, and the United States. The World Health Organization has praised Africa’s coronavirus response, attributing it to the significant decrease in infection rates over the past few months. Given the relatively low number of infections, a number of government’s across the continent have begun easing COVID-19 related restrictions and re-opening economies. According to the World Health Organization (WHO) and the Africa Centre for Disease Control, the number of daily confirmed cases has been on the decline for about two months, with the continent accounting for just under 5 percent of cases globally and 3.6 percent of deaths, from a population of more than one billion people.
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South Africa Eases COVID-19 Restrictions
South Africa Eases COVID-19 Restrictions
On September 16, 2020, President Cyril Ramaphosa announced that South Africa would move from Alert Level 2 to Alert Level 1 of Risk Adjusted Strategy as of midnight on September 20, 2020. This is in part in response to the relatively low levels of infections and the government led interventions to combat the spread of COVID-19. While South Africa has confirmed over 650,000 infections and has suffered 15,000 deaths, recent data illustrates that the number of new cases has substantially decreased—from nearly 14,000 new daily cases on July 24, 2020 at its peak, to just 1,555 new cases on September 20.
This announcement comes a few days after the Minister of Cooperative Governance and Traditional Affairs (COGTA) announced the extension of the national state of disaster from 15 September 2020 to 15 October 2020, as published in Government Gazette 43713. The reason for the extension of the national state of disaster is to grant government the authority required to continue updating existing legislation and contingency arrangements undertaken to address the impact of the pandemic.
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South Africa Eases COVID-19 Restrictions with the Transition to Alert Level 2
On August 15, 2020, the Minister of Cooperative Governance and Traditional Affairs (COGTA) announced the extension of the national state of disaster. The national state of disaster was declared under Government Gazette No 43096 of 15 March 2020 (and extended by Government Gazette Nos 646 of June 5, 2020 and 765 of July 13, 2020), from August 15, 2020 to September 15, 2020. The reason for the extension of the national state of disaster is linked to the need “to continue augmenting the existing legislation and contingency arrangements undertaken by organs of state to address the impact of the disaster”. On the same day, President Cyril Ramaphosa announced a decision to transition the country from Alert Level 3 to Alert Level 2 of the Risk Adjusted Strategy, following consultation with the National Coronavirus Command Council, Cabinet and the President’s Coordinating Council.
Government Gazette No. 43620 sets out the revised restrictions that will govern this period effective 00H01 on August 18, 2020. The following restrictions have been lifted:
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South Africa Prepares to Further Ease Lockdown Restrictions
On June 17, 2020 South African President Cyril Ramaphosa announced government’s intention to further ease the lockdown restrictions imposed due to COVID-19, allowing more industries to re-open fully under stringent health and safety protocols. This announcement comes two weeks after the government de-escalated the country from Alert Level 4 to
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