Nigeria Data Protection News and Advisory

Data Protection and Privacy News and Advisory

Data privacy and Protection Act

Data privacy and Protection Act

The term “Data privacy and Protection Act” most recently and specifically refers to the Nigeria Data Protection Act (NDPA) 2023, which became law in June 2023. This act provides a legal framework for data protection in Nigeria, establishing the Nigeria Data Protection Commission (NDPC) to enforce its provisions. Its main objectives are to protect individuals’ rights regarding their personal data, regulate how organizations collect and process it, and give legal backing to data privacy as a fundamental right. 

Key provisions and objectives

  • Legal framework: The act provides a comprehensive legal framework for data protection in Nigeria, replacing previous regulations like the Nigerian Data Protection Regulation (NDPR) 2019.
  • Establishment of NDPC: It establishes the Nigeria Data Protection Commission (NDPC) as the independent regulatory body to oversee data protection and enforce the rules.
  • Protection of rights: The act aims to protect the fundamental rights and freedoms of data subjects, ensuring personal data is processed in a fair, lawful, and transparent manner.
  • Regulation of data processing: It regulates the collection, use, and transfer of personal data by organizations operating in Nigeria, and also applies to foreign entities that process the data of individuals in Nigeria.
  • Data subject rights: It recognizes specific rights for data subjects and provides mechanisms for them to seek redress for breaches.
  • Compliance obligations: The act imposes compliance obligations on businesses and requires certain large data processors to appoint a Data Protection Officer (DPO). 

Applicability

  • The NDPA applies to any entity processing the personal data of individuals in Nigeria, regardless of the entity’s location.
  • It protects the data privacy of Nigerian citizens and residents. 

Principles and obligations

  • Fairness and transparency: Data must be processed in a fair, lawful, and transparent manner.
  • Purpose limitation: Data should be collected for a specific, explicit, and legitimate purpose and not processed further in a manner inconsistent with those purposes.
  • Security: Organizations must take measures to securely store and process personal data to protect it from loss, theft, or unauthorized access

Download Data privacy and Protection Act