By Desmond ISRAEL Esq
Today, the movement of data across borders has become as vital as the movement of goods and capital. The principle of Data Free Flow with Trust (DFFT), first popularized by Japan during the G20 Osaka Summit in 2019, is now central to global digital policy dialogues.
It champions the idea that data — the fuel of the modern economy — should flow freely across borders, but within a framework that ensures privacy, security, and user trust.
On paper, this is a compelling vision. In practice, it’s far more complex, especially for developing economies like Ghana, and for regional integration frameworks such as the African Continental Free Trade Area (AfCFTA), which is laying the groundwork for cross-border digital trade.
There’s a stark difference between endorsing data free flows and actually enabling them. The gap lies in legal infrastructure, technical capacity, institutional readiness, and public trust.
The Promise of DFFT: More Than a Buzzword
At its core, DFFT is about unlocking the economic potential of data while safeguarding rights. It envisions a future where businesses can operate seamlessly across markets, data-driven innovation flourishes, and users retain confidence in digital systems.
In the European Union (EU), the General Data Protection Regulation (GDPR) has set a high standard for trust. Countries with equivalent protections can transfer data to and from the EU, incentivizing reforms in other jurisdictions. Singapore, Japan, and Brazil have moved quickly to align their data regimes, reaping the rewards of digital interoperability.
Contrast that with a fragmented data governance landscape, where restrictive localization laws, weak enforcement mechanisms, and lack of legal clarity stall digital growth. For regions aspiring to become global digital players, harmonizing national laws with global best practices isn’t just technical housekeeping — it’s a strategic necessity.
Africa’s Digital Aspiration Meets Regulatory Reality
The AfCFTA’s Protocol on digital trade, still under negotiation, is a watershed moment. It acknowledges that trade is no longer just about ports and pipelines, but also platforms and packets. A unified digital market could boost intra-African trade, attract investment, and catalyze innovation ecosystems. But for this vision to take flight, data must move easily across African borders — and that demands trust, built on solid governance.
Ghana is well-positioned in this conversation. Its Data Protection Act (2012) was among the continent’s earlier legal frameworks. The Data Protection Commission has taken notable steps in driving compliance and public awareness. But challenges remain. Enforcement is inconsistent. Institutional capacity is stretched. Many SMEs — the backbone of Ghana’s economy — operate in the digital shadows, unaware or unprepared for compliance requirements.
Worse, there’s a growing trend of “data nationalism” across Africa. In some countries, mandatory data localization laws have been justified on grounds of national security and digital sovereignty. While these concerns are valid, overly restrictive rules can backfire. They fragment markets, deter foreign investment, and hurt local innovators who rely on global cloud services and cross-border collaboration.
The Pitfall of Misaligned Incentives
The gap between policy ambition and practical enforcement is starkest when global frameworks collide with local constraints. Consider a Ghanaian fintech startup eyeing expansion into Kenya and Nigeria. In theory, the AfCFTA should smoothen the process. In practice, that startup faces a maze of compliance requirements, varying data storage regulations, and bureaucratic inertia.
Or take a health tech company trying to analyze epidemiological data across West Africa. Without cross-border data sharing protocols, it must either duplicate infrastructure or abandon multi-country projects. In either case, innovation suffers.
Moreover, there’s a lingering trust deficit. Many African citizens are rightly skeptical about how their data is used by governments, foreign companies, and local businesses. Building public trust requires more than compliance checklists. It calls for proactive transparency, participatory governance, and visible consequences for breaches. These are still nascent across much of the continent.
What Global Best Practices Teach Us
The DFFT model, as seen in jurisdictions like Japan or the EU, rests on three pillars: interoperable regulations, accountable institutions, and informed citizens. These aren’t easy to replicate, but they offer a useful benchmark.
For example, the EU’s concept of “adequacy decisions” — where countries are granted permission to exchange data with the EU if their protections are deemed equivalent — could inspire an African equivalent. AfCFTA could champion a framework where member states with harmonized laws and functioning data authorities form a trusted zone for cross-border data flows. Similarly, capacity-building should go beyond seminars. It must embed technical expertise within regulatory bodies, streamline reporting systems, and create feedback loops between regulators and innovators.
And finally, digital literacy must be treated not as an optional add-on, but as a core national priority. Citizens should understand what data they’re giving away, who’s using it, and what their rights are. Without this, even the best laws will sit idle on paper.
The Role of Regional Leadership and Strategic Pragmatism
For Ghana and its peers, the task is not to cut-and-paste international frameworks, but to adapt them intelligently. The region doesn’t need a carbon copy of the GDPR, but it does need principles of accountability, purpose limitation, and user consent — tailored to African realities.
Ghana could position itself as a hub for trusted data flows in West Africa. It has the legal groundwork, an active civil society, and a growing digital sector. By tightening enforcement, improving cross-border legal cooperation, and championing interoperability within the AfCFTA framework, Ghana could lead the region in shaping a uniquely African model of DFFT.
But time is short. The private sector is moving faster than regulators. Tech platforms are already building the infrastructure of Africa’s digital economy. If governments lag behind, they risk being rule-takers rather than rule-makers in the data economy.
A Call to Action: Trust Is Not a Given
The future of Africa’s digital economy hinges on a simple but critical principle: trust must be built, not assumed. And for data to flow freely, trust must travel with it.
This means developing economies must stop viewing digital governance as a technical side issue and start treating it as core economic policy. It means regulatory agencies must be resourced, respected, and responsive. It means digital rights must be defended not just in courts, but in code and corporate culture.
Ghana and the AfCFTA have a rare opportunity to show what inclusive, innovation-friendly, trust-based digital trade looks like. But vision alone won’t cut it. It’s time to match principles with policy muscle, and slogans with systems.
The digital race is already underway. Whether Africa catches up, keeps pace, or defines its own path will depend on how boldly — and how wisely — it builds trust into the DNA of its data economy.
The author is a technology law expert, Partner at AGNOS Legal, and founder of Information Security Architects Ltd. He lectures at GIMPA Law School and holds an LL.M in National Security & Cybersecurity from GWU | Member, IIPGH.
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