Digital Economy in Africa: Legal Issues, Means of Coercion and Cooperation

Digital technology is accelerating societal transformation globally and presents Africa with major issues related to its digital economy. There are efforts to regulate the digital economy both at the continental level with the African Union (AU) and at the regional level through the Regional Economic Communities (RECs), which are pillars of regional economies, as well as other organizations. However, there are gaps in terms of completeness and effectiveness in the legal responses provided, raising questions about the governance and regulation model of the digital economy. This article reviews the efforts made at the continental level to regulate the digital economy, highlights the gaps, and calls for consideration of both global issues and, above all, the endogenous issues that only Africans themselves can address. By revisiting legal theories such as positivism and naturalism, this article proposes a "third approach" that would position states and decision-makers as the key drivers of sustainable development for the digital economy in Africa, using law as a lever to, on the one hand, guarantee fundamental rights and the protection of African citizens and, on the other hand, promote the development of digital innovation and value creation from Africa.