Overview
IntroductionWith the slew of emerging technologies in international trade and transactions, Africa is experiencing a digital evolution that spans across borders, redefining e-commerce and cross-border trade. This evolution is expanding cross-border economic integration in Africa, and it is particularly reflected in the adoption of the AfCFTA Protocol on Digital Trade (“the Protocol”). The Protocol, adopted in February 2024 by the States 1 Parties to the African Continental Free Trade Agreement, serves as the framework for the Pan-African approach to boost digital trade in Africa. It aims to unify the systems of governance and the protection of digital trade and innovation in Africa.
The Protocol also seeks to harmonise and enhance established systems such as digital payments, intellectual property protection, data protection, and cybersecurity. However, although the Protocol has been adopted, the annexes to the Protocol, which 2 provide sector-specific regulations, are still under negotiation. This article aims to analyse the legal and regulatory implications of the Protocol, particularly its significance to founders and investors in Africa under the Protocol. The article will also identify possible legal issues and uncertainties for founders/investors in the application of the Protocol, and the role of lawyers in the implementation of the Protocol and the navigation of the possible issues and uncertainties
