The EU AI Act: What can African Countries Learn from It?

Since the launch of ChatGPT on 22 November 2022, generative artificial intelligence (AI) has seen a rapid rise. 

Generative AI refers to a trend in AI algorithms that can create content (text, images, audio, videos, or other data), often in response to a person asking a question (i.e. a user entering a query/prompt).

At its heart are transformers, a deep learning model architecture based on a multi-head attention mechanism proposed by Google in 2017.
Generative AI technologies like ChatGPT, Google Gemini, and Meta’s Llama can boost creativity and innovation, improving efficiency and automation across industries by streamlining previously labour-intensive tasks.

However, these technologies also raise significant ethical concerns, particularly around bias, fairness and safety.

From individual to national and international levels, it seems we are all trying to make sense of this innovation which challenges the very notions of who we are as people and as cultures.

Robust regulatory and governance frameworks have been proposed to mitigate challenges and reduce the negative impact of AI on society.
The European Union (EU) AI Act stands out as the first-ever comprehensive legal framework addressing the risks AI poses.

Given that AI’s impact is a global phenomenon, it is important to compare and learn how different places are addressing the challenges it presents.

OWN STRATEGIES

This article explores what African countries, including Namibia, can learn from the EU AI Act and how Africa can work towards a unified AI regulation that drives innovation and positions the continent as a global leader.

The EU act came into effect on 1 August and most of its provisions will be enforced on 2 August 2026.

The act aims to foster trustworthy AI by ensuring that AI systems respect fundamental rights, safety and ethical principles while addressing the risks posed by powerful and impactful AI models.

Recently, African ministers and experts unanimously endorsed an African AI Strategy and the African Digital Compact to drive Africa’s digital transformation by harnessing the potential of emerging digital technologies.

Specifically, the AI Strategy document, titled ‘Continental Artificial Intelligence Strategy: Harnessing AI for Africa’s Development and Prosperity’, was exciting to see, especially since, according to the authors, it “proposes a people-centric, development-oriented and inclusive approach”. 

The strategy focuses on Harnessing AI’s benefits for African people, addressing the risks associated with the increasing use of AI, accelerating AU member states’ capabilities in infrastructure, fostering regional and international cooperation and partnerships and stimulating public and private investment in AI at national and regional levels.

These are significant focus areas and the next step will be to develop policies that make these focus areas achievable.

Similarly, Nigeria has released a draft holistic national AI strategy to provide nuanced guiding principles that clearly define and articulate alignment with the country’s values and goals.

Surely, other countries on the continent are creating strategies to help build an enabling ecosystem to harness AI.

STRENGTH IN UNITY

Though strategies help provide a high-level roadmap, they are not legally binding and do not protect people.

Thus, we need regulations to protect users of AI solutions across the continent.

One key lesson we can learn from the EU’s approach is the strength that comes from unity.

Unity is important because no single country’s regulation can effectively compel the powerful US-based technology companies developing AI systems to comply.

For instance, in 2023, Sam Altman, CEO of OpenAI, the company that created ChatGPT, initially threatened to pull out of Europe in response to the stringent requirements of the EU AI Act before reversing his stance.

Imagine the leverage these companies would have over individual African countries acting alone.

Therefore, it makes sense for the African Union (AU) to develop a harmonised regulation on AI that individual countries can ratify.

Currently, Africa needs more infrastructure, including the computing power to fine-tune or train these advanced AI models.

While setting up this infrastructure is essential, Africa can leverage regulation to ensure that generative AI tools from outside the continent conform to our standards and lived experiences, thereby protecting all users.

An African AI Act should not be an exact copy of the EU AI Act but rather adopt a similar risk-based approach, categorising AI systems based on the level of risk they pose to the health, safety and fundamental rights of the African people.

Thus, determining AI systems allowed to operate in Africa and compelling all foreign companies to use local datasets and protect data workers who have often been exploited.

CONSIDERATIONS

Some may argue that Africa, with its numerous challenges such as high unemployment and poverty, should not prioritise AI regulation.

However, AI has the potential to revolutionise industries across the continent, presenting new opportunities for Africa’s growing youthful population.

A harmonised African AI regulation will also make it easier for a small startup in one African country to scale its solution across other African countries by complying with a single set of regulations instead of navigating different laws for each country.

Admittedly, a unified African AI regulation would require countries to give up some level of sovereignty, as the views of all 54 nations need to be considered.

But this is not new.

Africa has already demonstrated its ability to unite for collective progress with the African Continental Free Trade Area (AfCFTA), which aims to create a single market for goods and services across the continent.

Despite the individual challenges African countries face, including varying stages of development, unemployment and linguistic diversity, the time has come for Africa to unite and collectively claim its rightful place in the digital era.

A unified African AI Act can provide the legal framework necessary to drive innovation while ensuring ethical standards and protecting the rights of its people.

Taking lessons from the EU through the EU AI Act, African countries can develop a regulatory framework that addresses the unique challenges and opportunities of the continent.

Such a framework can ensure that AI technologies are used responsibly and equitably, fostering an environment where innovation thrives and all citizens benefit from the advancements in AI.

ADEQUATE FUNDING

Importantly, the African AI regulation should also address the funding problem. AI-based innovation is not cheap. For example, if I would like to train a large language model like ChatGPT for Oshiwambo or any local language.

First, you need large amounts of data and powerful graphics processing units (GPUs) which are necessary to speed up computational processes (in Namibia we have no computational facility with the capacity to perform such training, not even the Nust supercomputer).

The cost will end up in millions of US dollars just to train a local language model depending on the size.

Thus, it is important that adequate funding is made available.

To conclude, Africa stands at a pivotal moment in its digital transformation journey.

By adopting a unified approach to AI regulation, the continent can harness the power of AI to drive socio-economic development and position itself as a significant player on the global stage.

The lessons from the EU AI Act provide a valuable blueprint, but it is up to Africa to tailor these lessons to its unique context and needs.

Thus, ensuring the benefits of AI are experienced by all her people.

• *Lameck Mbangula Amugongo is an AI specialist and AI Ethics Advisor based in Europe. He holds a PhD in cancer science from the University of Manchester. The views expressed are his own
• *Tutaleni Iita Asino holds a Dual PhD in learning, design and technology and in comparative international education. The views expressed are his own.