(1) In June 2014, the Executive Council of the African Union adopted the Convention on Cyber Security and Personal Data Protection (“the AU Convention”). The Convention will enter into force upon ratification by at least 15 AU member states. The AU Convention contains provisions pertaining to e-commerce, personal data protection, and cyber security.
(2) Article 9(2)(b) relates to intermediary liability in personal data processing: “the Convention shall not be applicable to Temporary copies produced within the context of technical activities for transmission and access to a digital network with a view to automatic, intermediate and temporary storage of data and for the sole purpose of offering other beneficiaries of the service the best possible access to the information so transmitted.”
(3) The Convention does not provide safe harbors for intermediaries for third party breaches of copyright or other laws.