The Need For GDPR Compliance In Africa: Navigating Data Protection Challenges

By Ambassador Omar Arouna, MBA*

In today’s interconnected world, the importance of data privacy cannot be overstated. The digital revolution sweeping across Africa presents incredible opportunities, but it also brings with it the responsibility to protect personal data in ways that meet global standards. Among these standards, the General Data Protection Regulation (GDPR) stands out as one of the most comprehensive and widely recognized frameworks for safeguarding data. Though GDPR is primarily associated with European Union (EU) citizens, its reach extends far beyond Europe, with potentially serious consequences for organizations around the world—including in Africa.

Recent fines levied on major international companies provide a stark reminder of the financial and reputational risks tied to non-compliance. OpenAI, for example, was fined €15 million by Italy’s Data Protection Authority after failing to report a data breach within the required 72 hours and neglecting to provide adequate privacy notices. This violation highlights the importance of timely breach
reporting and transparency in data processing.

For African companies, especially those venturing into sectors like artificial intelligence, fintech, or e-commerce, the failure to secure user data could lead to similar penalties. As African enterprises grow and interact more with global markets, they are increasingly exposed to the risks associated with mishandling personal data.

Netflix’s €4.75 million fine in the Netherlands further underscores the need for clear and accessible privacy policies. Between 2018 and 2020, the company’s failure to provide detailed privacy notices left users uncertain about how their data was being used, stored, and shared. For African businesses, especially those offering online services, this case underscores the importance of making privacy policies not just compliant with the law but clear to users. Transparency isn’t just about ticking boxes—it’s about fostering trust, especially when engaging with customers from regions where data protection is a top priority.

The €251 million fine imposed on Meta by Ireland’s Data Protection Commission serves as yet another cautionary tale. The fine was a result of a security breach in Facebook’s “View-As” feature, which allowed unauthorized access to the profiles of 3.3 million EU users. This breach occurred because the company failed to adhere to basic principles of data protection, such as ensuring that security features were in place and that data was processed according to regulations.

For African businesses handling large volumes of personal data, whether for social media platforms, customer databases, or e-commerce, the lesson here is clear: data security must be baked
into systems from the outset. A reactive approach will never be enough when it comes to the privacy and protection of user data.

In France, KASPR was fined €240,000 for unlawfully scraping contact data from LinkedIn profiles without user consent. This case reveals the risks of relying on “legitimate interest” to justify data collection, particularly when it contradicts user privacy settings. As African tech startups and social platforms develop and scale, it is crucial for them to be transparent with users and obtain clear consent for data collection. Failing to respect user preferences could expose businesses to significant legal consequences and loss of consumer confidence.

Finally, a rental company in Sweden faced a €17,366 fine for installing video surveillance cameras in common areas of a building without sufficient justification or informing tenants. While it may
seem like a minor infringement, the violation illustrates the principle that privacy should never be compromised, regardless of the technology used. As smart cities, surveillance systems, and other
IoT innovations become more prevalent in Africa, businesses and governments must ensure that their use of technology respects the privacy of individuals.

These cases are more than just isolated incidents—they are signals of the global importance of data protection. As Africa’s digital landscape continues to expand, the continent’s businesses,
governments, and organizations must understand that they are not immune from the same regulatory pressures faced by their counterparts in Europe, the U.S., and beyond. GDPR applies to
any company that processes the personal data of EU residents, meaning that even businesses based in Africa can be held accountable for compliance.

At the Center for Cyber Diplomacy and Leadership (CCDL), we are acutely aware of the challenges that African entities face when it comes to navigating these complex global standards.
As more businesses on the continent engage in cross-border transactions, the need for strong data protection practices becomes more urgent. That’s why CCDL is committed to supporting African
organizations by providing the tools, training, and resources necessary to understand and implement GDPR and other data protection frameworks.

Our work focuses on building capacity, offering strategic advice, and helping organizations align their operations with global best practices. Through specialized training programs and risk assessments, we equip businesses with the knowledge to protect themselves from legal risks while fostering a culture of trust with their customers. By focusing on data protection by design and
default, African companies can safeguard their reputation and competitive edge, both locally and globally.

The reality is that the digital world is here to stay, and with it comes the responsibility to protect personal data. For African businesses, this means understanding that compliance with data protection regulations is not a mere formality—it is an essential pillar of business success. The risks of failing to prioritize data privacy are simply too great to ignore, but the tools to manage those risks are available. With the right guidance and support, Africa’s digital economy can thrive in a secure and compliant environment, positioning itself as a trusted partner in the global marketplace.

At CCDL, we are proud to be part of this journey, helping African businesses navigate the complexities of data protection, ensuring that their digital transformation is not only innovative but also secure and responsible.

*Ambassador Omar Arouna is Chairman, The Center for Cyber Diplomacy and Leadership, George Washington University. He can be reached at omararouna@cyberdiplomat.org | www.cyberdiplomat.org