African Union Legal Instrument P a g e | 30 Section II: Criminal Provisions Article 29: Offences specific to Information and Communication Technologies 1. Attacks on computer systems State Parties shall take the necessary legislative and/or regulatory measures to make it a criminal offence to: a) Gain or attempt to gain unauthorized access to part or all of a computer system or exceed authorized access; b) Gain or attempt to gain unauthorized access to part or all of a computer system or exceed authorized access with intent to commit another offence or facilitate the commission of such an offence; c) Remain or attempt to remain fraudulently in part or all of a computer system; d) Hinder, distort or attempt to hinder or distort the functioning of a computer system; e) Enter or attempt to enter data fraudulently in a computer system; f) Damage or attempt to damage, delete or attempt to delete, deteriorate or attempt to deteriorate, alter or attempt to alter, change or attempt to change computer data fraudulently. State Parties further undertake to: g) Adopt regulations compelling vendors of information and communication technology products to have vulnerability and safety guarantee assessments carried out on their products by independent experts and researchers, and disclose any vulnerabilities detected and the solutions recommended to correct them to consumers; h) Take the necessary legislative and/or regulatory measures to make it a criminal offence to unlawfully produce, sell, import, possess, disseminate, offer, cede or make available computer equipment, program, or any device or data designed or specially adapted to commit offences, or unlawfully generate or produce a password, an access code or similar computerized data allowing access to part or all of a computer system.

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