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

  • Why must I file Annual Returns?

    It is a mandatory statutory requirement under the Companies and Allied Matters Act to file Annual Returns yearly. 
  • 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 is an execution clause in a contract?

    This is the section in which the parties sign the contract or agreement.
  • Is there a penalty for late renewal of registration of products with NAFDAC?

    Yes, there is a late renewal fee, which is dependent on the category of the product.
  • Can I use the data collected legally for one purpose for another purpose?

    No, you can’t use the data collected for one purpose for a different purpose.
  • What is a copyright?

    Copyright is the exclusive legal right given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorise others to do the same.
  • 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
  • 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.
  • Why do I need a trademark?

    You need to register your trademark because if you don’t register it, someone else can! It helps identify you as the source and indicates a consistent level of quality of your products and services. Securing a registered trademark protects your brand, and provides you with tools to prevent someone else from using similar signs and riding off the back of your business.
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