African Union Legal Instrument
iii)
c)
2.
P a g e | 29
Encourage the private sector and solicit its commitment and
participation in government-led initiatives to promote cyber security.
Cyber security governance should be established within a national
framework that can respond to the perceived challenges and to all issues
relating to information security at national level in as many areas of cyber
security as possible.
Institutional framework
Each State Party shall adopt such measures as it deems necessary in order to establish
appropriate institutions to combat cyber-crime, ensure monitoring and a response to
incidents and alerts, national and cross-border coordination of cyber security problems,
as well as global cooperation.
Article 28:
1.
International cooperation
Harmonization
State Parties shall ensure that the legislative measures and/or regulations adopted to
fight against cyber-crime will strengthen the possibility of regional harmonization of
these measures and respect the principle of double criminal liability.
2.
Mutual legal assistance
State Parties that do not have agreements on mutual assistance in cyber-crime shall
undertake to encourage the signing of agreements on mutual legal assistance in
conformity with the principle of double criminal liability, while promoting the exchange of
information as well as the efficient sharing of data between the organizations of State
Parties on a bilateral and multilateral basis.
3.
Exchange of information
State Parties shall encourage the establishment of institutions that exchange information
on cyber threats and vulnerability assessment such as the Computer Emergency
Response Team (CERT) or the Computer Security Incident Response Teams (CSIRTs).
4.
Means of cooperation
State Parties shall make use of existing means for international cooperation with a view
to responding to cyber threats, improving cyber security and stimulating dialogue
between stakeholders. These means may be international, intergovernmental or
regional, or based on private and public partnerships.