Navigating Nigeria's Legal Framework for Cross-Border Data Flows and Digital Trade under the AfCFTA

ABSTRACTIn 2024, the African Continental Free Trade Area (AfCFTA) Protocol on Digital Trade wasadopted, with an aim to harmonise digital trade laws across the continent, to facilitate freemovement of data across borders, and to consider privacy, cybersecurity, and sovereigntyissues. Nigeria as the largest economy in Africa will gain the most out of this unified digitalmarket, but its legal framework poses problems to its complete compatibility with the goals ofAfCFTA. A critical analysis of Nigerian laws that regulate data flows across borders anddigital trade is discussed in this essay, including the Nigeria Data Protection Act 2023, theCybercrimes Act 2015, and other rules. It also outlines some of the major obstacles such asdata localisation constraints, regulatory fragmentation, and rudimentary cybersecuritygovernance that act against the integration of Nigeria into its pan-African digital economy.Using the global and regional outlook, the essay is envisaging a holistic approach toharmonization of e-trade laws in Nigeria with the AfCFTA protocols. It is recommended thatdata protection laws should be reformed to permit data transfer under specific conditions,enhance cybersecurity by having regional cooperation, consolidation of regulatory control,and investing in digital infrastructure. Through the management of such challenges, Nigeriacan take a lead in the African digital trade environment, between economic integration andnational sovereignty.