This document is the Protocol to the Agreement Establishing the African Continental Free Trade Area (AfCFTA) on Digital Trade, adopted on 18 February 2024.
**General Objectives and Scope**
* The general objective is to support the AfCFTA objectives by establishing harmonized rules, common principles, and standards to enable and support digital trade for sustainable and inclusive socio-economic development and the digital transformation of the continent.
* The Protocol applies to measures adopted or maintained by a State Party affecting digital trade.
* It does not apply to government procurement or information held or processed by or on behalf of a State Party, except for Article 39 on Open Government Information.
* Each State Party retains the right to regulate within its territory to safeguard public welfare, promote sustainable development, protect essential security interests, and pursue legitimate public policy objectives.
**Key Provisions and Commitments**
* **Customs Duties:** State Parties shall not impose customs duties on digital products transmitted electronically originating from other State Parties, subject to the Annex of Rules of Origin.
* **Digital Facilitation:** State Parties agree to recognise the legal validity of electronic documents and trust services, adopt laws for electronic authentication, accept electronic trade administration documents, and allow contracts to be concluded by electronic means. They shall also adopt or maintain digital identity systems and promote interoperability in digital payments and settlement systems.
* **Data Governance:** State Parties shall, subject to an Annex on Cross-Border Data Transfers, allow the cross-border transfer of data, including personal data, for the conduct of digital trade. They must also adopt a legal framework for the protection of personal data and shall not generally require the location of computing facilities in their territories as a condition for conducting digital trade.
* **Inclusion:** The Protocol promotes the inclusion of women, youth, MSMEs, and other underrepresented groups in digital trade.
**Annexes to be Developed**
State Parties shall develop annexes on: Rules of Origin, Digital Identities, Cross-Border Digital Payments, Cross-Border Data Transfers, Criteria for Determining the Legitimate and Legal Public Interest Reasons for Disclosure of Source Code, Online Safety and Security, Emerging and Advanced Technologies, and Financial Technology.
**Implementation**
State Parties shall align their national laws, rules, and regulations with this Protocol within five years from its entry into force.