Cyberlaw Harmonization in the East African Community Cécile Barayre-El Shami Programme Manager, E-Commerce and Law Reform, ICT Analysis Section, Division on Technology and Logistics

UNCTAD's work on cyberlaw harmonization  Provide technical assistance to more than 40 countries in the preparation of an enabling legal and regulatory environment for e-commerce  Raise awareness and build capacity of policy and law makers, including parliamentarians  Online and face-to-face training course on the “Legal Aspects of E-commerce” : legal validity of e-transaction, consumer protection, taxation, security, privacy, IPRs, content regulation  Reviews of national laws and regional agreements  Preparation of regionally harmonized legal frameworks Programme funded by Finland 2

 Main goal of the EAC Treaty: regional integration  Regional e-Government Programme adopted by the EAC Council of Ministers (2006) – Enabling legal framework as a critical factor: e-transactions, cybersecurity – Harmonized regional and national legal frameworks – Creation of an EAC Task Force  Regional ICT developments – Improved fiber-optic links and expansion of mobile telephony and related services, notably mobile money – Business process outsourcing 3 UNCTAD's assistance in Africa The case of the EAC

 Creation of the Task Force in 2007  Mix of legal advice and training workshops since 2006  Two Cyberlaw Frameworks endorsed by the TF: Phase I: e-transactions, cybercrime, consumer protection, data protection – adopted by the EAC Council of Ministers (2010) Phase II: IPRs, competition, taxation and information security A joint EAC/UNCTAD Programme

EAC cyberlaw harmonization The reform process 5

Cyberlaw briefing session for the Departmental Committee on energy, Information and Communication, March 2011, Mombasa, Kenya Briefing of Parliamentarians

“The East African Development Strategy (2011/12 – 2015/16) proposes the key drivers for the realization of the EAC regional integration agenda in the next five years to include, among others, creation of a strong legal framework (…) In the Communications sector, the cyber laws Phase II development progressed well. (…) The development of cyber laws in the region is critical to underpin the realisation of full potentials in regional e-commerce, electronic financial transactions and business processes outsourcing.” Hon. Musa Sirma, Chairperson of the Council of Ministers of the East African Community and Minister for East African Community, Republic of Kenya, at the occasion of the presentation of the budget of the EAC for the financial year 2012/2013 to the legislative assembly. Importance of the project recognized by EAC Ministers

Great progress achieved in terms of harmonization in the EAC  Two Cyberlaw Frameworks endorsed – Phase I: e-transactions, cybercrime, consumer protection, data protection – adopted by the EAC Council of Ministers (2010) – Phase II: IPRs, competition, taxation and information security - adopted by the EAC Council of Ministers (2013)  Progress at the country level – Computer crime : Kenya, Rwanda and Uganda - (Drafts - Burundi and Tanzania) – Data protection and privacy: Drafts in Burundi, Kenya, Rwanda and Tanzania-A draft is being prepared by Uganda - Request from the Ministry of Information and Communications Technology for UNCTAD review (2014) – Awareness campaigns  eg. Uganda: Training of ICT and legal personnel since 2012: banks, insurance, traders, manufacturers, judges, police and other agencies and bodies  Success of the project based on: – Ownership from the EAC secretariat – Continuation and commitment of the EAC Task Force (TF) Members – UNCTAD continued support: review of draft laws and capacity-building workshops 8