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    HomeEcosystem NewsEASTERN AFRICAIs This the End of Big Tech’s ‘Copy-Paste’ Legal Strategy in Africa?

    Is This the End of Big Tech’s ‘Copy-Paste’ Legal Strategy in Africa?

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    In a landmark decision with far-reaching implications for Big Tech in Africa, ride-hailing giant Uber has overhauled its terms and conditions across several East and Southern African nations following a two-year investigation by a regional competition watchdog.

    The COMESA Competition Commission (CCC) announced on Thursday, September 18, 2025, that it has closed its probe into Uber after the company amended clauses that were deemed misleading and “unconscionable” for consumers in key markets, including Kenya, Uganda, and Egypt.

    The ruling is a significant victory for regional regulators and signals a new era of scrutiny for global technology platforms, which have often relied on standardized global legal frameworks that offer little recourse for African users.

    The Investigation’s Core Concerns

    The investigation, which began on September 5, 2023, was prompted by numerous consumer complaints. The CCC’s probe focused on several critical areas of Uber’s user agreement that it argued left customers vulnerable.

    • Arbitrary Price and Service Changes: The Commission flagged Uber’s right to terminate a service “at any time, for any reason and without notice.” It also challenged the company’s power to change prices at its “sole discretion,” noting this could mislead consumers who make decisions based on an upfront price, only to be charged more later.
    • Dodging Liability: Uber’s terms effectively absolved the company of any responsibility for the quality of service or risks associated with rides provided by third-party drivers. The CCC countered that since consumers contract directly with Uber through the app, the company could not simply waive liability, leaving users with no effective way to seek redress for poor service or safety issues.
    • Unfair Legal Jurisdiction: In a particularly crucial finding, the Commission criticized a clause in the terms for Kenya and Uganda that designated the Laws of the Netherlands as the exclusive jurisdiction for settling disputes. This, the CCC argued, effectively denied consumers their right to affordable and effective local justice, as pursuing a case in the Netherlands would be prohibitively expensive and complex.
    • User Data Indemnity: The terms also required users to indemnify Uber against claims arising from the company’s use of their own data and content, a clause that offered little protection for consumer data privacy.

    A New Precedent for Tech Regulation in Africa

    Rather than facing fines or protracted legal battles, Uber cooperated with the Commission and agreed to amend its terms to address all the concerns raised. The company is now required to publish the updated, compliant terms and conditions on its apps and websites.

    This outcome is being seen as a watershed moment. It demonstrates the growing power and sophistication of regional regulatory bodies in Africa. By acting as a bloc, the 21-member COMESA was able to exert pressure that a single national regulator might have struggled to apply.

    The decision sends a clear message to other international tech companies operating on the continent: the era of “copy-paste” global terms of service is over. Platforms will now be expected to tailor their legal frameworks to comply with local consumer protection laws and provide accessible channels for redress.

    The COMESA Commission has stated it will conduct periodic reviews to ensure Uber’s compliance and has called on the public to remain vigilant. This case is likely to embolden other regulators across Africa to scrutinize the practices of gig economy platforms, social media companies, and other digital service providers, potentially redefining the relationship between Big Tech and one of the world’s fastest-growing digital markets.

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