Abstract

Objective: This study examines the comparative analysis of data protection laws and digital rights between Africa and Europe. It aims to evaluate the effectiveness of existing legal frameworks, identify gaps in enforcement, and assess alignment with international standards for privacy and digital rights.

Method: The study adopts a doctrinal research methodology, analysing primary legal texts such as the European Union’s General Data Protection Regulation (GDPR), the African Union’s Malabo Convention, and national legislation in selected African countries including South Africa and Kenya. Secondary sources include scholarly articles, policy papers, and case law.

Findings: The analysis reveals that Europe’s GDPR provides a comprehensive framework with robust enforcement mechanisms and well-defined individual rights. In contrast, African data protection frameworks are fragmented, with uneven implementation, weak enforcement, and challenges such as limited resources and public awareness.

Value: This study is valuable as it highlights the gaps in Africa’s digital rights protection framework, offering recommendations for harmonization, capacity building, and adoption of best practices informed by Europe’s GDPR, contributing to stronger legal protection for personal data and the development of the digital economy.