
Data Protection & Privacy
Data Protection & Privacy Lawyers in Lagos & Abuja
We help businesses comply with the Nigeria Data Protection Act 2023: registration and audits with the NDPC, policies and contracts, data breach response, and an outsourced data protection officer on retainer.
Data protection in Nigeria is now enforced
Why clients choose our data protection and privacy lawyers
Who we act for
Frequently Asked Questions
Data Protection & Privacy: common questions
Does the Nigeria Data Protection Act apply to small businesses?
Yes. The NDPA applies to any organisation that processes personal data of individuals in Nigeria, whatever its size. Registration with the NDPC and annual audit returns are only required for data controllers and processors of major importance.
What is a data controller or processor of major importance?
It is an organisation that processes personal data on a scale or of a kind that the NDPC treats as particularly important, based mainly on the number of people whose data it processes and the nature of its activities. These organisations must register with the NDPC.
Does my business need a privacy policy in Nigeria?
Yes. The NDPA requires organisations to tell people clearly how their personal data is collected, used, shared and kept. A privacy policy on your website or app is the usual way to do this, and it must reflect how your business actually handles data.
Can we store personal data on cloud servers outside Nigeria?
Yes, provided the data is adequately protected, for example because the destination country has adequate data protection law or because appropriate contractual safeguards are in place. The transfer should be assessed and documented.
What are the penalties for breaching the NDPA?
The NDPC can impose fines of up to the higher of ₦10 million or 2% of annual gross revenue for data controllers and processors of major importance, and up to the higher of ₦2 million or 2% for others, as well as ordering remedial action.
How quickly must a data breach be reported in Nigeria?
Where a breach is likely to result in a risk to individuals' rights and freedoms, the NDPC must generally be notified within 72 hours of the organisation becoming aware of it.
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