83476492_consultancy to assist the SADC Secretariat in revising and modernizing the existing SADC E-Commerce/ E-Transaction Model Law

Consultancy is to assist the SADC Secretariat in revising and modernizing the existing SADC E-Commerce/ E-Transaction Model Law

Background

The Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH is a global service provider in the field of international cooperation for sustainable development dedicated to shaping a future worth living around the world. As a public-benefit federal enterprise, GIZ supports the German Government – in particular the Federal Ministry for Economic Cooperation and Development (BMZ) – and many public and private sector clients in achieving their objectives in international cooperation in around 120 countries.

Since 2004, GIZ has been a reliable and trusted partner of the African Union (AU) to enhance inclusive growth and sustainable development on the African continent in line with the AU’s Agenda 2063: The Africa We Want. With more than 200 staff, GIZ African Union cooperates with the AU Commission, as well as the AU’s specialised institutions and agencies, such as the Development Agency AUDA-NEPAD, at continental, regional and national level in more than 35 member states. Key areas of engagement include Peacebuilding and Conflict Prevention, Governance and Migration, Sustainable Economic Growth and Employment, as well as Health and Social Development.

As a joint initiative by AU, EU and Germany, the regional GIZ Programme ‘DataCipation – Inclusive and harmonised digital and data policies in Africa’ aims to address key governance levers that have a significant impact on an inclusive and harmonized digital and data policy on the African continent: Inclusive multi-stakeholder processes, strategic skills development, coordination among key actors, promotion and scaling of digital innovation, and testing and monitoring of data governance models. Community participation, increasingly also digitally supported, forms an overarching framework for achieving an inclusive design of AU digital policy. In this regard, women’s participation in AU digital policy design and monitoring is particularly encouraged.

The programme is commissioned by the German Federal Ministry for Economic Cooperation and Development (BMZ) and co-financed by the European Union (EU). It is part of the GIZ portfolio with the AU and is implemented through a team of diverse backgrounds in Addis Ababa, Nairobi and Berlin. The political partner for the regional programme is the Bureau of the Chairperson at the African Union Commission, demonstrating the high-level political commitment of the AU to the project. Further implementation partners in the AU include, among others, the Department of Infrastructure and Energy (DIE), the Directorate of Information and Communications (DIC), the Directorate for Women, Gender and Youth, the AUDA-NEPAD Coordination Unit, as well as the AU Development Agency (AUDA-NEPAD).

At regional level, DataCipation program has been establishing collaboration and tailored technical support to regional economic communities (RECs) and this includes Southern Africa Development Community (SADC). SADC is a Regional Economic Community comprising 16 Member States, namely: Angola, Botswana, Comoros, Democratic Republic of Congo, Eswatini, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia, Zimbabwe. SADC is committed to Regional Integration and poverty eradication within Southern Africa through economic development and ensuring peace and security.

The overarching objective of the SADC ICT Sector is to establish communications systems that are universally accessible through, affordable, efficient, resilient, high quality, modern, ubiquitous and fully integrated to meet the diverse requirements of SADC Citizens and to ensure digital inclusion and attainment of the SADC goal of regional economic integration, poverty alleviation and industrialisation. The sector also seeks to ensure that no one is left behind in terms of ICT services.

Support to SADC is towards revising and modernizing the SADC Electronic Transactions and e-Commerce Model Law with more context per below:

In November 2012 the SADC region established the SADC Harmonised Cyber Security Legal and Regulatory Framework which consists of three (3) SADC Cyber Security Model Laws, namely:

• E-Commerce/E-Transaction Model Law.

• Data Protection Model Law; and

• Cybercrime Model Law.

All SADC Member States have either transposed the SADC E-Commerce/E-Transaction and Cybercrime Model Laws or have an existing legal framework in place in lieu of the model laws.

The three SADC Model Laws were developed in 2012 and needed modernisation to align them with current international, continental and regional best practices and principles. However, local, and national context for privacy should be the primary and overarching consideration to ensure the safety and security of SADC citizens. The SADC Data Protection Model Law and SADC Cybercrime Model Laws have been reviewed and modernised in line with current international, continental and regional data protection and cybersecurity best practices and guidelines.

The SADC E-Commerce/E-Transaction Model Law is due for an update and alignment with regional frameworks, including the AU Data Policy Framework and AfCFTA Digital Trade Protocol. This revision will introduce provisions to enhance personal data protection, cross-border data sharing among SADC member states, and create an enabling environment for digital trade growth within the SADC region.

Tasks to be performed by the contractor

The main objective of the consultancy is to assist the SADC Secretariat in revising and modernizing the existing SADC E-Commerce/ E-Transaction Model Law. The contractor will undertake the following tasks:

• Conduct a thorough review of all existing E-Commerce/ E-Transaction laws within the SADC Member States.
  • Study relevant E-Commerce/ E-Transaction frameworks and best practices from the African continent and internationally, ensuring consideration of emerging trends such as the digital economy, digital currencies, digital payments, and technologies like Cloud Computing, Metaverse, Artificial Intelligence (AI), Internet of Things (IoT), and their related challenges (e.g., identity, accountability, and attribution).
  • Conduct consultations (interviews, surveys, focus groups) with key stakeholders from sectors such as digital trade, finance, and ICT industries. These consultations will be held at various stages to gather input prior to drafting, during validation, and before finalizing the law.
  • Develop proposed updates and enhancements to the SADC E-Commerce/ E-Transaction Model Law, considering local legal frameworks, economic conditions, and technological capacities.
  • Ensure that the proposed changes align with regional and international best practices, including a timeline for the domestication of the revised Model Law by Member States.
  • Create a detailed E-Commerce/ E-Transaction Guidelines document to support the implementation of the revised Model Law. This blueprint will include actionable recommendations for policy development, regulatory processes, and operational best practices at the regional, national, and organizational levels. The guidelines will also serve as a capacity-building tool for legislative bodies and other government entities responsible for E-Commerce/ E-Transaction laws.
  • Propose capacity-building initiatives, including specialized training for national legislators, law enforcers (police, judiciary, attorneys, investigators), and relevant government officials to enhance the enforcement of E-Commerce/ E-Transaction frameworks.
  • Compile a comprehensive report detailing research findings on international best practices and the final revised SADC E-Commerce/ E-Transaction Model Law, along with the accompanying implementation guidelines.
  • Facilitate a Validation Workshop to review and validate the proposed revisions to the Model Law. Incorporate feedback from Member States and other stakeholders into the final report.
  • Manages costs and expenditures, accounting processes and invoicing in line with the requirements of GIZ.
  • Reports regularly to GIZ and SADC Secretariat in accordance with the current AVB of the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH.

Number of expert days: 45

Period of assignment: December 2024 until September 2025.

Required qualifications of the candidates

of points in the technical assessment.

Team leader

Tasks of the team leader

• Development/ writing of SADC e-Commerce/E-Transaction Model Law.
  • Overall responsibility for the advisory packages of the contractor (quality and deadlines)
  • Coordinating and ensuring communication with GIZ, partners and others involved in the project
  • Regular reporting in accordance with deadlines

Qualifications of the team leader

• Education/training (2.1.1): university degree (Masters/ PhD) in Law, International Law, ICT Law, Public Policy or related legal fields.
  • Language (2.1.2): C2-level language proficiency in English
• General professional experience (2.1.3): 10 years of professional experience in the e-Commerce, Trade, Finance, e-Transactions, Digital Trade or Digital Transformation sectors.
  • Specific professional experience (2.1.4): 7 years of progressive experience in ICT sector policies
  • Leadership/management experience (2.1.5): 5 years of management/leadership experience as project team leader or manager in a company
  • Regional experience (2.1.6): At least 7 years of experience in projects in Eastern and/ or Southern Africa region(s), of which 3 years in projects in any of the SADC countries.
  • Development cooperation (DC) experience (2.1.7): 3 years of experience in DC projects

Key expert 1

Tasks of key expert 1

• Supporting the Team Leader in collation of comments, inputs and contributions
  • Undertaking logistical and technical support in the preparation of validation exercises.
  • Provide technical expertise on digital trade, emerging technologies, e-commerce and cross-border trade, ensuring alignment with AU DPF and other related continental guiding policy documents.

Qualifications of key expert 1

• Education/training (2.2.1): Master’s in Law, Economics, Public Policy, ICT, Trade, or related fields
  • Language (2.2.2): C2 -level language in English
  • General professional experience (2.2.3): 7 years of professional experience in the e-Commerce, Trade, Finance, e-Transactions, Digital Trade or Digital Transformation sectors
  • Specific professional experience (2.2.4): 4 years of progressive experience in ICT sector policies
  • Leadership/management experience (2.2.5): 3 years
  • Regional experience (2.2.6): 4 years of experience in projects in Eastern and/ or Southern Africa region(s), of which 3 years in projects in any of the SADC countries
  • Development Cooperation (DC) experience (2.2.7): 2 years

Soft skills of team members

In addition to their specialist qualifications, the following qualifications are required of team members:

• Team skills
  • Organisational, time-management and planning
  • Research and policy analysis
  • Initiative
  • Communication skills (oral and report writing, workshop facilitation)
  • Socio-cultural skills
  • Efficient, partner- and client-focused working methods
  • Interdisciplinary thinking

Further details of the assignment can be found in the Terms of Reference.