Nigeria, Kenya Tops List in Data Privacy Enforcement in 2024

Nigeria and Kenya have emerged as frontrunners in data privacy enforcement in 2024, according to the latest report from Yellow Card on Data Protection in Africa.

The report indicates that 39 out of 55 African countries have implemented data protection laws, marking a significant milestone in fostering a more secure digital environment across the continent.

With the increasing focus on cross-border data flows and the imperative to safeguard children’s online safety, Yellow Card predicts these areas will drive growth and transformation in the upcoming year.

Thelma Okorie, Group Data Protection and Privacy Counsel at Yellow Card, recently sat down with CNBC Africa to delve into the report’s findings and offer insights into the continent’s data privacy enforcement future trajectory. Okorie highlighted the evolution of data protection laws in Africa over the past decade, emphasizing the crucial role they play in safeguarding individuals’ data in an increasingly interconnected global economy. While Europe has the cohesive General Data Protection Regulation (GDPR) governing data privacy across the region, Africa takes a more fragmented approach with each country enacting its own set of regulations. This fragmented landscape poses challenges for companies with operations spanning multiple African nations, as they must navigate varying compliance requirements. In particular, differences in laws regarding cross-border data transfers present complexities for businesses seeking to move data across borders.

Moreover, the data privacy enforcement report underscores the trend towards sector-specific regulations in Africa, with industries like healthcare and finance imposing heightened data protection standards due to the sensitive nature of the information they handle.

Okorie pointed to countries like Nigeria and Kenya as leaders in enforcing data privacy laws, citing recent instances where fines were imposed on companies for breaching regulations. The enforcement of these laws not only cultivates compliance but also fosters trust among investors, demonstrating a commitment to data protection. As the landscape shifts towards increased cross-border data flows, African regulators face the challenge of balancing data sovereignty with fostering innovation and facilitating international trade.

Okorie also acknowledged the complexities inherent in this balancing act, particularly as some countries advocate for stringent data sovereignty measures that could potentially impede business operations. While certain data, such as that related to national security or critical economic interests, may necessitate local storage mandates, Okorie emphasized the importance of ensuring data integrity and security when permitting cross-border data transfers for other types of information.

Looking ahead, the report signals a dynamic journey for data protection in Africa, with Nigeria and Kenya spearheading enforcement efforts and paving the way for other nations to enhance their data privacy frameworks. The emphasis on cross-border data flows and sector-specific regulations underscores the continent’s commitment to creating a secure digital ecosystem for individuals and businesses alike. With continued collaboration and innovation, Africa is poised to navigate the complexities of data protection while driving growth and fostering trust in the digital age.