Abstract

In this chapter we investigate how South Africa (SA) has engaged with the European Union (EU) in its pursuit of strengthened local capabilities, and alignment with international changes in the regulation of data and digital technologies. In this context, we juxtapose the emergence of data privacy and data protection regulation in both jurisdictions. South Africa and the EU have a well-established science diplomacy that has facilitated the development of new knowledge and partnerships with a focus on digitalisation. However, in contrast to the co-ordinated and collaborative framework for SA-EU science partnerships, disjunctures in the development of data privacy and protection regulation in the two jurisdictions present potential problems for SA’s digital economy. Regulatory misalignment is in part due to the long timeframes that characterised the emergence and enforcement of the South African regulatory framework. As a consequence, South Africa may be facing detrimental effects to its digital economy, and may be incentivised to align with other global actors also excluded by the General Data Protection Regulation (GDPR). A clear lesson from this course of events is that the regulation of the digital environment needs to be rapid and responsive – or risks falling behind changes in the technological and political spheres.

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