Data Protection Law in Nigeria

Data Protection Law in Nigeria

September 17, 2019

Data is the new gold and as such should be handled with a lot of care to prevent abuse by both individuals and corporate entities.

A person who has control over people’s data has lots of power over them and so in other to protect the data of a natural person, Nigeria has advanced with the enactment of the “Data protection law of Nigeria”known as NITDA (2019). This law regulates the use of personal data by data controllers which in this context can mean a company.

The law strictly prohibits the company from transferring the personal data of its staff or a third party to another person and it also implores companies to protect same from identity theft, secured against all unforeseeable hazard such as against virus, cyberattack etc and, it must be adequate, accurate and without prejudice to the dignity of a human person.

It is pertinent that every company must adhere to this law and this is so because if they are found guilty of giving unauthorised data to a third party, criminal actions can be instituted against them and they may be required to pay a fine of up to N10, 000, 000 (Ten Million Naira) million or N2, 000, 000 (Two Million Naira) depending on the amount of data that is being controlled by the entity or they may forfeit either 2% or 1% of all their gross income of the preceding year, this is determined by the amount of data the company controls. Where the company controls data of over 10, 000, he would pay the former but where they control data of less than 10, 000 the latter would be the case.

 

 

 

The information in this blog post (“post”) is provided for general informational purposes only, no information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through this post without seeking the appropriate legal or professional advice from the particular facts and circumstances at issue from a lawyer. This post is protected by intellectual property law and regulations. It may however be shared using appropriate sharing tools provided that our authorship is always acknowledged and this Disclaimer Notice attached

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Frequently Asked

  • When are Annual Returns due for filing?

    A company’s first Annual Returns are due for filing after 18 months of its inception, subsequently it should be filed annually as the name implies. The filing dates could differ for each company depending on their financial year end but must be filed not later than 42 days after its Annual General Meeting.

    The Annual Returns for Business Names is due not later than the 30th of June each year except in the year the business was registered.

  • What is the first thing I must do to register a business in Nigeria?

    To register a business in Nigeria; you would need to conduct a name search of the business. You can achieve this using your CAC-CRP account.

  • What will happen if I buy the wrong category of forms with NAFDAC?

    Nothing, the purchased form will be in your account for future use.

     

  • What is data protection?

    Data protection is a legal process of protecting sensitive data.

  • What is the importance of registering a patent?

    The main reason to register a patent is to ensure that the inventor is able to exclusively commercially exploit an invention. The rights to a patent are vested in the “Statutory Inventor” i.e. the first person to file and register the patent.

  • What are the product categories available when registering with NAFDAC?

    The product categories include: Food, Cosmetics, Drug, Medical Device, Agro-Chemicals & Pesticide, Veterinary Products, Vaccines & Biologicals, Herbal and Nutraceuticals and Water

  • Why do i need a Shareholders Agreement?

    You need a Shareholders Agreement to protect your investment in a company.  The shareholders Agreement establishes a fair relationship between all shareholders and sets out how the company is run.

  • How long does a trademark registration in Nigeria Last?

    Trademark is valid for seven years from the date of application but you may renew the application for the trademark for an additional period of 14years.

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