Nigeria Data Protection News and Advisory

Data Protection and Privacy News and Advisory

Understanding DPCMI and who qualifies

Organizations in Nigeria 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 mandated by the Nigeria Data Protection Act (NDPA) of 2023. 

Who qualifies as a DCMI or DPMI

The NDPC’s Guidance Notice specifies the criteria for determining if an organization qualifies as a DCMI or DPMI. Your organization must register if it operates in Nigeria and meets any of the following conditions: 

  • Processes data volume: Processes the personal data of more than 200 data subjects within a six-month period.
  • Serves major sectors: Processes personal data as a provider in critical sectors, including:
    • Financial services (e.g., banks, insurance)
    • Communications
    • Health and education
    • Aviation, tourism, and hospitality
    • Oil and gas, and electric power
    • E-commerce, export, and import
  • Provides commercial ICT services: Offers commercial Information Communication Technology (ICT) services on digital devices with storage capacity that belong to another individual.
  • Maintains a fiduciary relationship: Holds a confidential relationship with data subjects, where the misuse of their data could cause significant harm. 

Registration tiers and fees

The NDPC outlines registration tiers for DCMIs/DPMIs based on data processing volume and nature. These include Major Data Processing at Ultra-High, Extra-High, and Ordinary High Levels, each with different processing thresholds and fees ranging from ₦10,000 to ₦250,000.

How to register

Registration is done through the NDPC’s online portal, involving an application form, document uploads, fee payment, and submission. NOTE: you must contact a DPCO.. read other articles on DPCO

Consequences of non-compliance

Failing to register by the deadline violates the NDPA and may result in penalties, including fines upto 10million Naira