Nigeria

Moderate

Nigeria 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 Addressed

NDPC established as independent regulator with enforcement powers.

Data Subject Rights

Fully Addressed

Rights to access, rectification, erasure, restriction, portability, and objection.

Cross-Border Transfer

Fully Addressed

Transfers to adequate countries, with appropriate safeguards, or consent.

Breach Notification

Fully Addressed

Must notify NDPC and affected data subjects of personal data breaches.

DPO Requirements

Partially Addressed

DPO required for organisations processing data of more than a prescribed number.

Children's Data

Partially Addressed

Parental consent required for children. Specific age threshold to be defined in regulations.

Penalties & Enforcement

Pending Enforcement

Penalty framework established. Enforcement mechanisms still being operationalised.

Sector-Specific Rules

Partially Addressed

CBN data requirements, NCC telecom rules, NHIA health data guidelines.

AI & Automated Decisions

Not Addressed

No specific provisions on automated decisions.

Data Localisation

Partially Addressed

Some sector-specific localisation for financial data and government data.

Significant Data Fiduciary

Partially Addressed

Major data controllers have additional obligations including annual audit requirements.

Government Data

Partially Addressed

NDPA applies to government processing with exemptions for national security.