Embrasser l'avenir : Les bacs à sable réglementaires à l'ère numérique de l'Afrique

Dr Martin Koyabe’s recent presentation at the Smart Africa Digital Academy in Victoria Falls, Zimbabwe, has sparked an interesting conversation about the role of regulatory sandboxes in Africa’s rapidly evolving digital landscape. As the continent continues to make strides in technology and telecommunications, regulatory sandboxes have emerged as an innovative approach to foster growth and innovation while ensuring that regulations remain up-to-date and effective.

What is a Regulatory Sandbox?

As defined by the CGAP Technical Guide (2020), “a regulatory sandbox is a tool for developing evidence about how a new product, technology, or business model (innovation) works and the outcomes it produces.

By gathering evidence, it helps assuage (or confirm) regulatory concerns about the impact of innovations, allowing beneficial innovations to reach the marketplace. “

It is a formal regulatory initiative that tests innovations in the live marketplace on a time- and scope-limited basis. This allows the regulator to determine the appropriate regulatory treatment or status before the innovation can fully operate in the market.

History and Adoption of Regulatory Sandboxes

The first regulatory sandbox was launched in 2015 by the UK Financial Conduct Authority (FCA) when it coined the term “regulatory sandbox”. Since then, the concept has generated significant interest from regulators and innovators worldwide. As a result, sandboxes have gone live in over 25 countries, from Abu Dhabi to Sierra Leone, and have been adopted by sectors such as FinTech, Health, Transport, Energy, and ICT.

Several African countries, such as Ghana, Nigeria, South Africa, and Uganda, have established regulatory sandboxes in various sectors, primarily fintech. These sandboxes enable fintech companies and other innovators to test and develop new products and services in a controlled environment while ensuring compliance with relevant regulations.

The Benefits of Regulatory Sandboxes

The regulatory sandbox approach offers many benefits, helping to create a supportive and dynamic environment for the development and adoption of new technologies and business models. Here is a comprehensive list of the benefits regulatory sandboxes can provide:

• Encouraging Innovation: Regulatory sandboxes offer a safe space for companies to experiment with new technologies and business models, fostering innovation and driving progress within the industry.
• Accelerating Time to Market: Regulatory sandboxes help reduce the time it takes to bring innovations to the market by allowing companies to test their products and services in a controlled environment, ultimately benefiting consumers and the economy.
• Balancing Risks and Rewards: Regulatory sandboxes allow regulators to better understand the risks associated with new technologies, helping them strike the right balance between protecting consumers and enabling innovation.
• Fostering Collaboration and Trust: Regulatory sandboxes create a platform for open dialogue and collaboration between regulators and innovators, fostering trust and promoting a more transparent regulatory environment.
• Boosting Consumer Confidence: Inclusion in a regulatory sandbox may give comfort to customers that the services being tested are subject to scrutiny by regulators, increasing consumer trust in new products and services.
• Gaining Real Market Data: Firms can obtain real market data and information on user experience in a controlled environment before launching their products or services into the market, which aids in refining their offerings.
• Reducing Capital Requirements and Simplifying Administrative Duties: Firms in the sandbox may be subject to reduced capital requirements and simplified administrative duties depending on their activity, making it easier for them to operate.
• Facilitating Exemptions for New Players: Regulatory sandboxes can provide exemptions from certain requirements for new players looking to obtain a license but not meeting the requisite track record or capital resources requirements.
• Cost-effective Business Model Testing: The sandbox allows for cost-effective testing of new business models, enabling them to mature on the market.
• Controlled Testing of High-risk Technologies: The sandbox enables high-risk technologies to be tested in a limited environment before wider release, minimizing potential negative consequences.
• Offering Bespoke Compliance Arrangements: Under a regulatory sandbox, regulators can grant dispensations from rigid methods and provide tailored compliance arrangements, making it easier for firms to comply with regulations.
• Facilitating Partnerships: The sandbox can be helpful for larger firms looking to invest in innovative technologies or established firms wanting to facilitate partnerships with innovative start-ups, fostering collaboration and growth.

Risks of Regulatory Sandboxes

• Competition issues: Regulators may inadvertently pick winners and create an uneven playing field.
• Limited capacity: Regulators may lack the resources or expertise to manage and monitor the sandbox effectively.
• Liability issues: Unclear liability in the case of failed testing.
• Unclear pathways for successful exit: Difficulty in transitioning from sandbox to full market operations.
• Intra- and inter-agency coordination issues: Coordination challenges among different regulatory bodies.
• Limited regulatory tools to implement the sandbox: Inadequate regulatory instruments to support sandbox operations.

Regulatory sandboxes can promote flexibility, enable innovation, and allow for policy experimentation in the digital ecosystem. By their very nature, disruptive, innovative products and services differ significantly from those in traditional markets, causing friction with existing regulatory frameworks.

Policymakers can experiment with flexible approaches to the enforcement of specific regulations, ultimately promoting innovation and assisting in assessing the viability of innovative products and services.

Considering a Regulatory Sandbox: Key Steps and Best Practices

When contemplating the implementation of a regulatory sandbox, regulators and governments must follow a systematic approach to ensure the effectiveness of the sandbox and its alignment with the desired objectives. The following steps and best practices provide guidance for those considering a regulatory sandbox:

• Define Objectives: Clearly outline the objectives that the regulatory sandbox aims to achieve. These objectives could include encouraging innovation, promoting competition, enhancing consumer protection, or fostering collaboration between regulators and industry stakeholders.
• Identify Barriers: Assess the barriers that innovators face within the current regulatory framework. These barriers might include rigid regulatory requirements, limited access to capital, or lengthy approval processes. By identifying these barriers, regulators can tailor the sandbox to address the specific challenges faced by innovators.
• Assess Solutions: Evaluate potential solutions to the identified barriers and determine if a regulatory sandbox is the most effective tool to address them. Consider alternative options such as Innovation Offices, Innovation Hubs, Accelerators, rule or policy updates, and other regulatory tools like wait-and-see, test-and-learn, or exemptions.
• Define Challenges: Understand the unique challenges that may arise while implementing a regulatory sandbox, such as legal constraints, capacity limitations, or inter-agency coordination issues. Addressing these challenges early on will help ensure a successful implementation.
• Dedicate Sufficient Resources: Allocate the necessary human and financial resources to effectively manage and operate the regulatory sandbox. This may include hiring skilled personnel, providing adequate training, and allocating funds for the sandbox’s operation and maintenance.
• Engage Industry Early in the Process: Involve industry stakeholders in the development and implementation of the regulatory sandbox, ensuring that the sandbox meets the needs of the innovators and facilitates open dialogue between regulators and market participants.
• Consult Best Practices: Research and consult best practices from jurisdictions with successful regulatory sandboxes, engage with other regulators through various platforms, and consider seeking guidance from private consulting firms experienced in sandbox implementation.
• Evaluate Regulatory Tools: Recognize that a regulatory sandbox is not the only tool available to achieve regulatory objectives concerning innovation. Many objectives can be achieved through alternative tools, and a regulatory sandbox should be used when live testing is necessary to inform a regulatory response.
• Design Sandbox for Specific Circumstances: Tailor the design elements of the regulatory sandbox to fit the specific legal, market, and capacity circumstances of the jurisdiction in question. A customized approach will yield better results than a one-size-fits-all model.
• Define Ownership and KPIs: Establish clear ownership of the regulatory sandbox, outlining the roles and responsibilities of all involved parties. Develop Key Performance Indicators (KPIs) to measure the success of the sandbox and ensure it is meeting its intended objectives.

By following these steps and best practices, regulators and governments can make informed decisions about whether to implement a regulatory sandbox and ensure its success in fostering innovation and collaboration in the digital ecosystem.

Conclusion

Regulatory sandboxes have the potential to unlock significant value in Africa’s digital age by fostering innovation, encouraging collaboration, and ensuring that regulations keep pace with technological advancements.

By addressing the challenges and implementing the recommendations highlighted above, Africa can continue to progress in the digital age and create a thriving ecosystem that benefits all stakeholders.