Cross-Cutting Legal Frameworks in Africa’s
Digital Economy
Technology Policy Hackathon 2025 | Facilitator: Leonard Otuonye Ugbajah
Outline
Introduction & Context
Sector Regulation and Its Limitations
Emerging Regulatory Challenges
Importance of Cross-Cutting Frameworks
Competition Law Framework
Data Protection Framework
Consumer Protection Framework
Opportunities & Challenges of Convergence in Regulatory Models
Sector-Specific Examples
- Telecommunications Case Study (2 slides)
- Fintech Case Study (2 slides)
- FCCPC vs. WhatsApp Case Study (2 slides)
Key Takeaways & Recommendations
Conclusion & Q&A
Introduction & Context
Rapid digital market growth across Traditional sector-specific laws Need for overarching frameworks to
fintech, telecoms, health tech. struggle with data flows and fill gaps and ensure coherence.
platform models.
Sector Regulation and Its Limitations
Digital services cut across Regulatory overlaps and
Banking, telecom,
sectors (e.g., mobile gaps lead to uneven
consumer laws created in
money in telecom + protections and
silos.
finance). uncertainty.
Emerging Regulatory Challenges
1 2 3 4
• Big Tech Market Power: The • AI, Big Data, Privacy, • Fintech and Crypto • Cross-Border Enforcement
dominance of global digital Algorithmic Bias: Emerging Oversight: Fintech innovations and Data Transfers: Digital
platforms raises competition technologies challenge and cryptocurrencies need markets transcend borders,
concerns around gatekeeping traditional laws, requiring new balanced regulation to necessitating regional
and potential abuse of market frameworks to address encourage growth while cooperation for enforcement
power. algorithmic discrimination and managing risks like fraud and and alignment of data
privacy intrusions. systemic threats. protection standards.
Importance of Cross-Cutting Frameworks
Prevent gaps: apply competition, Ensure consistency: uniform Balance innovation: sandboxes Support regional integration:
data protection, consumer rights standards for privacy, fair and agile licensing alongside AfCFTA protocols on digital trade
across sectors. dealing, market access. core safeguards. and competition.
Competition Law Framework
• Prohibitions: cartels, abuse of dominance, anti-competitive mergers.
• Digital market nuances: network effects, gatekeepers, data as a barrier to
entry.
• Sector coordination: telecom regulators & competition authorities jointly
addressing platform dominance/monopolies.
• Innovations: ex ante regulation of digital gatekeepers (inspired by EU DMA).
Data Protection Framework
• Adoption of GDPR-inspired principles in African statutes (Kenya, Nigeria,
SA, etc.).
• Regional instruments: AU Malabo Convention; AfCFTA Digital Trade
Protocol on data flows.
• Sectoral integration: fintech & health-tech compliance, telecom customer
data.
• Enforcement gaps: capacity, cross-border adequacy, privacy by design
mandates.
Consumer Protection Framework
Digital-specific risks: online Status: only ~25 countries with Sector overlays: telecom Enforcement: specialized units,
scams, opaque fees, algorithmic dedicated e-commerce consumer codes; digital lending hotlines, co-regulatory industry
bias. consumer laws. guidelines by central banks. codes.
Opportunities & Challenges of Convergence
Convergence benefits: unified Challenges: institutional silos, Tools: inter-agency task Technology enablers: RegTech
oversight, reduced compliance overlapping mandates, forces; regulatory sandboxes for monitoring compliance
complexity. resource constraints. bridging multiple frameworks. across frameworks.
Telecommunications Case Study
• Kenya: Safaricom/M-Pesa monopoly addressed via mandated interoperability & removal
of agent exclusivity (Competition + Consumer).
• Nigeria: Payment Service Banks framework opened market to multiple telcos, balanced by
CBN rules & FCCPC’s interim digital lender code (Competition + Consumer).
• SA: ICASA capped mobile-data prices to protect consumers; the Competition Commission
reviewed telecom mergers.
• Consumer: telecom-specific consumer codes enforced billing transparency and quality of
service.
• Data: All applied DP laws to mobile money metadata – consent requirements and data
localisation provisions.
Fintech Case Study (Kenya)
• M-Pesa’s “test-and-learn” regulatory sandbox under CBK & CAK.
• Digital Credit Provider Regulations: licensing, risk-based consumer
protections.
• Data integration: mandatory DP Officer registration, ODPC oversight of
fintech data use.
• Central Bank regulates payments, digital lending
• The Competition Authority intervened in exclusivity
• The Data Protection Act governs personal data
Fintech Case Study (Nigeria)
Collaboration: CBN,
CBN’s PSB FCCPC’s delisting of
FCCPC, NDPC joint
framework 37 abusive loan apps
enforcement actions
balancing stability (harassment, data
against predatory
and competition. privacy breaches).
fintech.
Case Study: FCCPC vs. WhatsApp
(Meta Platforms)
• Background: FCCPC investigated • Key Issues: Abuse of dominance, coercive
WhatsApp’s 2021 Privacy Policy for possible consent mechanisms, excessive data
competition and consumer rights violations collection, bundling of non-essential data,
under the Federal Competition and discriminatory treatment of Nigerian users
Consumer Protection Act (FCCPA) and the compared to European users, and potential
Nigerian Data Protection Regulation (NDPR). abuse of dominance.
• Regulatory Impact: The case highlighted
• Findings: WhatsApp's policy imposed
critical cross-cutting issues in competition,
unfair conditions on Nigerian consumers,
data protection, and consumer protection
forced acceptance of broad data-sharing
laws, emphasising the need for harmonised
practices, and provided fewer protections
digital market regulations across
compared to European counterparts.
jurisdictions.
Key Takeaways & Recommendations
• Unified frameworks vital for dynamic, fair digital markets.
• Encourage flexible models: sandboxes, ex ante rules for digital gatekeepers.
• Strengthen inter-agency coordination and regional harmonization under
AfCFTA.
• Promote RegTech and consumer education to enhance compliance and
trust.
Conclusion
Integrated competition, data protection, and Continuous adaptation, stakeholder
consumer laws underpin sustainable digital collaboration, and capacity building needed.
growth.
Q&A
Resources for further reading
• Botta, M. & Wiedemann, K. (2019), “The Interaction of EU Competition, Consumer and Data
Protection Law in the Digital Economy: The Regulatory Dilemma in the Facebook Odyssey,” Analyses
the Facebook/Meta proceeding to show how consumer‐protection and data‐privacy considerations
can—and sometimes must—be incorporated into abuse-of-dominance assessments.
https://journals.sagepub.com/doi/full/10.1177/0003603X19863590
• UNCTAD (2021), “Making Digital Markets Work for Consumers: Competition, Consumer
Protection and Data Protection in Digital Markets” Reports on a global webinar series that brought
together competition and consumer‐protection authorities to discuss joint strategies for
safeguarding data privacy while promoting market contestability.
https://unctad.org/meeting/making-digital-markets-work-consumers-competition-consumer-
protection-and-data
• CMA & ICO (2024), “Joint Submission on the Intersection of Competition and Data Privacy
Regimes”
The UK’s Competition and Markets Authority and Information Commissioner’s Office outline
practical cooperation mechanisms for addressing “commercial surveillance” and other privacy
harms as competition concerns.
https://one.oecd.org/document/DAF/COMP/WD%282024%2939/en/pdf
