Nigeria
ModerateNigeria Data Protection Act 2023 (NDPA)
Authority: Nigeria Data Protection Commission (NDPC) | Enforcement: partial | Enacted: June 2023
Overview
Nigeria enacted the NDPA in June 2023, replacing the NDPR (2019 regulation). The NDPC was established as a dedicated regulatory authority. The Act provides comprehensive data protection but enforcement infrastructure is still developing.
14-Topic Coverage
Data Protection Authority
Fully AddressedNDPC established as independent regulator with enforcement powers.
Consent Requirements
Fully AddressedConsent must be obtained for processing. Six lawful bases similar to GDPR.
Data Subject Rights
Fully AddressedRights to access, rectification, erasure, restriction, portability, and objection.
Cross-Border Transfer
Fully AddressedTransfers to adequate countries, with appropriate safeguards, or consent.
Breach Notification
Fully AddressedMust notify NDPC and affected data subjects of personal data breaches.
DPO Requirements
Partially AddressedDPO required for organisations processing data of more than a prescribed number.
Children's Data
Partially AddressedParental consent required for children. Specific age threshold to be defined in regulations.
Penalties & Enforcement
Pending EnforcementPenalty framework established. Enforcement mechanisms still being operationalised.
Sector-Specific Rules
Partially AddressedCBN data requirements, NCC telecom rules, NHIA health data guidelines.
Cookie/Tracking
Not AddressedNo specific cookie regulation.
AI & Automated Decisions
Not AddressedNo specific provisions on automated decisions.
Data Localisation
Partially AddressedSome sector-specific localisation for financial data and government data.
Significant Data Fiduciary
Partially AddressedMajor data controllers have additional obligations including annual audit requirements.
Government Data
Partially AddressedNDPA applies to government processing with exemptions for national security.
Coverage Summary
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