Nigeria Data Protection News and Advisory

Data Protection and Privacy News and Advisory

Is NDPA compliance compulsory?

Yes, organizations designated as Data Controllers and Processors of Major Importance (DCMI/DPMI) are required to register with the Nigeria Data Protection Commission (NDPC). The registration is mandatory under the Nigeria Data Protection Act (NDPA). Organizations classified as DCMI/DPMI include those processing personal data of particular value to Nigeria’s economy, society, or security, such as banks, telecoms, and hospitals. 

Key registration details

  • Who must register: Organizations domiciled, resident, or operating in Nigeria that meet the criteria for a DCMI or DPMI.
  • Registration deadline: The extended deadline for existing DCMI/DPMI to register was September 30, 2024. Failure to register by the deadline is considered a default and may result in penalties.
  • New entities: Organizations that become a DCMI or DPMI after the Act’s commencement are required to register within six months of becoming one.
  • Classification: DCMI/DPMI are categorized into three levels based on criteria such as the sensitivity of data and processing volume:
    • Major Data Processing – Ultra High Level (MDP-UHL)
    • Major Data Processing – Extra High Level (MDP-EHL)
    • Major Data Processing – Ordinary High Level (MDP-OHL)
  • Registration fees: Fees for the three categories are ₦250,000 (MDP-UHL), ₦100,000 (MDP-EHL), and ₦10,000 (MDP-OHL).
  • Consequences of non-compliance: Failure to register can lead to penalties as stipulated by the NDPA. 

Contact a DPCO for guidiance on how to register to avoid making a serious mistake