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The AfCFTA Digital Trade Protocol and Corporate Governance in Africa  <div> An Emerging Regulatory Nexus </div>

Domaine:

digital infrastructure

Type de record:

policy
Créateur:
HEP
Éditeur:
Elsevier BV
Hôte:
The African Continental Free Trade Area Protocol on Digital Trade, adopted by the African Union Assembly in February 2024 and completed through eight implementing annexes in February 2025, is the continent's first comprehensive digital trade agreement. Beyond its trade liberalisation objectives, the Protocol imposes farreaching obligations on data governance, cybersecurity, consumer protection and cross-border data flows that reshape the risk landscape facing companies operating in Africa. This article examines the structure and substantive content of the Protocol and traces its implications for corporate governance across the continent, with particular attention to Nigeria. It argues that digital oversight, once treated as a technical or operational matter, is fast becoming a board-level fiduciary function, requiring companies to embed data governance, cybersecurity risk management, environmental, social and governance reporting, and cross-border compliance architecture into their governance frameworks. The article situates the Protocol within the wider continental regulatory ecosystem, including the Malabo Convention and national data protection statutes. It closes with practical recommendations for boards seeking to align governance practice with the demands of an integrating digital single market.

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