National Data Protection Regulations – Legal Alert


Monday, 29 April 2019  / 02:56PM  / By Oserogho & Associates / Header Image Credit:




The value, benefits, significance and risks associated with Data Information and Privacy, to modern daily activities, is no longer under-rated.


The National Information Technology Development Agency (“NITDA”) is statutorily obligated to develop Regulations which protects all electronic data information.


In compliance with the above-mentioned statutory obligations of NITDA, NITDA has published the Nigeria Data Protection Regulations (“NDPR”) to protect all electronic data Information.


Objectives of Data Protection Regulations


The fundamental objective of the NDPR or the Data Protection Regulations is the safeguard and the protection of the data rights, privileges and privacy of individuals who are of Nigerian descent, irrespective of their country of residence.


All public and private organisations who exercise any form of control over the data of individuals are required to, as from the commencement of the NDPR, circulate publicly their respective Data Protection Policies.


Summaries of all the Data collected and processed are to be delivered to NITDA.


Data User/Subject Consent


The Data Information of a Person can only be collected and or processed in accordance with the specific, legitimate and lawful consent of a Data User or Subject. Such consent must not be obtained by fraud, misrepresentation, coercion or undue influence.


No consent is to be sought, given or accepted in any circumstances that may engender directly or indirectly the propagation of the violation of any children’s rights, hate and other anti-social norms.


Any Data consent given must also be freely and easily withdrawn at any time by the Data User or Subject without any explanation for the withdrawal proffered. Similarly, the Data User has the right to the portability of his data where such portability is technically feasible.


A recognised key exception to the above consent rule is the processing and use of the personal data of an individual for scientific, historical, public interest research or other statistical purposes. Where however such Data is to be transferred to a third party, the prior consent of the Data Subject or User must again be obtained.


Data User Additional Rights


All Data Users or Subjects have a constitutional right to the protection of the privacy to their personal Data. Where the Data User gives his or her consent to the processing and use of the User or Subject’s Personal Data, all the data collected must be protected from all foreseeable breaches or hazards like the theft of such Data, cyber-attacks, viral attacks, hacking or the manipulation of any kind of such Data, etc.


Data Controllers, Processors and Custodians also owe a Duty of Care to all Data Users and Subjects.


Administrative Redress


Without prejudice to the right of the Data User or Subject to seek redress in a Court of Law, NITDA is required by the NDPR to establish a Administrative Redress Panel to among other things investigate and determine allegations of data breaches with appropriate redresses proffered by this Panel for any Data breach.


The Administrative Redress Panel is also empowered to during the course of its investigation, make administrative orders or directives which protects the Data Information which is under the NDPR investigation.


Additional Penalties for Data Breaches


In addition to the above-mentioned Administrative Reliefs, and any Criminal Liabilities arising from any Data Breach, other Reliefs and or Penalties for any Data Breach or for any non-compliance with any of the above Data Regulations is in the case of a Data Controller with more than 10,000 Data Subjects or Users the payment of a fine, the greater of 2% of the Data Controller’s Annual Gross Revenue for its preceding financial year-end or the sum of N10,000,000 (Ten Million Naira); whichever of the latter two that is greater.


For a Data Controller with less than 100,000 Data Subjects, the additional fine is the greater of 1% of the Data Controller’s Annual Gross Revenue for the preceding financial year end or the payment of N2Million as the fine for any Data Breach.




It is of practical concern that the Data Protection Regulations only protects individuals who are of Nigerian descent. Foreigners and corporate bodies Data do not appear to be protected under the NDPR.


It is also of great concern that unlike the more robust European Data Protection Regulations, manpower proficiency on the part of the Data Protection Regulator, Data Processors and Controllers among others may not be in tandem with the spirit of the provisions of the NDPR. A good example is the reality that many government establishments do not have functioning, up to date online presence and information.


The registration and licencing of external Data Protection Compliance Organisations by NITDA is likely to be inimical to the supervisory and manpower building capacities of NITDA itself.


It is of further concern that the office of the Attorney General of the Federation (“AGF”) has some supervisory roles where a person’s data is to be transferred to a foreign country or organisation. Does the AGF have the required information technology surveillance personnel and equipment to monitor any such Data transfers? This is especially as most Data these days are transferred and processed online, in real time, from various countries.



Proshare Nigeria Pvt. Ltd.



This is a free educational material. It does not serve as a source of solicitation, advertisement or the offering of legal services or advice of any kind. No Client/Attorney relationship is therefore created. Readers are strongly advised to always seek from qualified Legal Practitioners, competent legal counseling to their specific factual situation.


Intellectual Property Protected!

This material is protected by International Intellectual Property Laws and Regulations. This material can therefore only be reproduced or re-distributed for non-profit educational purposes under the strict condition that our Authorship of this material is explicitly acknowledged, and our above Disclaimer Notice is prominently displayed. [ ] 

Proshare Nigeria Pvt. Ltd. 


Related Posts on Corporate Governance

1.       Stakeholders X-Ray Nigerian 2018 Corporate Governance Code at IOD and FRCN Forum

2.      Nigeria: Procedure For Recognition And Enforcement Of Arbitral Awards

3.      Nigeria: Grounds Upon Which A Nigerian Court Will Set Aside Execution Of A Judgment

4.      SEC Nigeria Clarifies and Establishes Fiduciary Standard For Investment Advisers in Nigeria

5.      The EU Copyright Directive Is Likely To Stifle Competition And innovation

6.      The FRCN Nigerian Code of Corporate Governance 2018 – Jan 18, 2019

7.      Implementation of Code of Corporate Governance Will Minimize Wastage, Corruption – Osinbajo

8.     Executive Summary of Changes to CAMA – May 16, 2018

9.      The Un-Enforceability of the Nigerian FRC’s Code of Corporate Governance – Nov 08, 2016

10.  CBN Requests for Inputs on National Code of Corporate Governance Issued by FRCN – Mar 21, 2016

11.   S. 306 of ISA 2007 and Whistleblowers in Nigeria – Jan 21, 2014

12.  How to run a Whistleblower Program - US SEC Awards More Than $5 M to Whistleblower  - May 18, 2016

13.  Reps Pass Companies and Allied Matters Act Re-enactment Bill

14.  Stakeholders explore the Role of IST in Nigerian Capital Market Dispute Resolution

15.   Regulatory Conversations – A Public-Private Dialogue Holds On Sept 18, 2018

16.  Buhari Signs Law Separating NFIU from EFCC

17.   Unconstitutional, Null And Void - Legal Opinion On Preservation Of Suspicious Assets Order

18.  The Draft Nigerian Code of Corporate Governance 2018 For Your Input

19.  2018 Nigerian Code of Corporate Governance: Sectorial Codes to Serve as Guidelines - FRC

20. Landmark FHC Judgment On The Information Rights of Investors In The Nigerian Capital Market

21.  Executive Summary of Changes to CAMA

22. Senate Passes New CAMA Bill into Law; Lists Seven Benefits

23. Corporate Governance As A Strategy For Investment Drive – August 2018

24. Nigerian Patient’s Bill of Rights: 5 Things to Note

25.  IFRS 15 Implementation Efforts of 2018 Interim Reporters in the Oil and Gas Industry 


Proshare Nigeria Pvt. Ltd.


Related Legal Alerts and Business Regulations

1.       New Harmonised Code of Corporate Governance – Legal Alert  – Mar 2019

2.      European General Data Protection Regulations - Highlights – Feb 26, 2019

3.      FBNQuest Proposed Transfer of FBNQuest Trustees Limited to FBN Holdings Plc

4.      Income Tax Country-by-Country Reporting Regulations, 2018 - Legal Alert

5.      UUBO Hosts Groundbreaking Thought Leadership Forum on ICE, December 6, 2018, in Lagos

6.      The Finance Function Of The Future: Using IFRS 17 To Build A Competitive Advantage

7.      IFRS 16 to Fuel Use of JVs to Avoid Lease Capitalisation

8.     How Government And Its Agencies Can Be More Efficiently Run – The BOI Example

9.      Finance and Accounting Outsourcing

10.  Judgment Delivered Against Plaintiff In First Nigerian Case on ATM Dispense Error

11.   Communique of the 58th Annual General Conference of the NBA

12.  IFRS Reporting – Matters Arising On Derivatives

13.  New Transfer Pricing Regulations, Guidelines and Circular - Legal Alert

14.  Copyright Collective Societies'' Regulations Revisited - Legal Alert

15.   Shares Pump and Dump Schemes - Legality - Proshare Jul 18, 2018

16.  Sales Tax versus VAT: Supremacy - Case Law Review

17.   Fire Safety Compliances and Regulations

18.  Admissibility Of Evidence As It Relates To Electronic Devises, Social Media And Forensic Science

19.  New Requirements For Registration Of Charges (Form CAC8) Takes Effect April 3, 2018

20. FIRS issues Public notice on Implementation of the Revised 2018 Transfer Pricing Regulations  Oct 22, 2018

21.  Senate Passes Resolution Mandating CBN To Suspend Bank ATM Charges

22. NASSBER Bills – A Status Update On Market Related Legislation

23. Senate Passes Resolution Mandating CBN To Suspend Bank ATM Charges

24. ADR - Alternate Dispute Resolution Multi-Door Court House – Legal Alert

25.  Stakeholders explore the Role of IST in Nigerian Capital Market Dispute Resolution

26. The Finance Function Of The Future: Using IFRS 17 To Build A Competitive Advantage

27.  IFRS 16 to Fuel Use of JVs to Avoid Lease Capitalisation

28. How Government And Its Agencies Can Be More Efficiently Run – The BOI Example

29. Court Approves Website Seizure and Anton Piller Order Against Online Copyright Piracy Platform

30. Hotels and Restaurants Consumption (Fiscalisation) Regulations

31.  Court Grants Injunction Restraining Lagos State From Enforcing New Consumption Tax Law

32. The New Land Use Charge Law of Lagos State - Proshare

33. Police Powers of Arrest and Civil Contracts

34. Stakeholders harp on robust PPP, at 2017 BusinessDay Education Summit

35.  Corporate Governance and Directors' Remuneration - Proshare

36. S. 306 of ISA 2007 and Whistleblowers in Nigeria - Proshare

37.  Stamp Duties on Bank Deposits and Transfers: Are There Unresolved Issues?

38. IFRS 9 Standard Implementation: Building Organisational Capacity for Implementation Success

39. Bank Charges: Role, Responsibilities and Rights

40.  Bank Charges & Recent Regulatory Guidelines

41.  Legal Update On The Implementation Of The Stamp Duties Act And The Rights Of Bank Customers

42. How Recent Environmental, Waste and Effluent Law & Regulations Affect You

43. Indonesia Issues New Regulation Regarding PLCs' Shareholding Reporting Obligations

44. Contracts - Time Is Of The Essence 

45.  Nigeria's new Immigration Regulations 2017 

46. The Law, The Environment And Permissible Noise Levels  

47.  Advancing the Role and Effectiveness of Audit Committees 

48. House Passes Federal Competition Commission Bill  

49. Registering a Business in Nigeria: Preliminary Considerations 

50. PEBEC approves 60-day action plan on Doing Business in Nigeria 

51.    Annual Minimum Corporate Compliances  

52.  You've Registered Your Trademark, What Now? Tips on Maintaining Trademark Protection 

53.  Why FGs Ban of Vehicle Imports Through Land Borders Makes Sense

54.   While Nigeria Dithers, 3 in 4 African Countries Improve Business Environment 

55.  The Un-Enforceability of the Nigerian FRC’s Code of Corporate Governance


Proshare Nigeria Pvt. Ltd.

Proshare Nigeria Pvt. Ltd.

Related News