President Bola Ahmed Tinubu signed the Nigeria Data Protection Act (NDPA) into law, marking a significant milestone in the country’s commitment to safeguarding personal data and privacy rights.
The NDPA replaces the earlier Nigerian Data Protection Regulations (NDPR) of 2019 and establishes a comprehensive legal framework for data protection in Nigeria.
The Act creates the Nigeria Data Protection Commission (NDPC), an independent regulatory body tasked with overseeing the enforcement of data protection laws, guiding data controllers and processors, and ensuring compliance across sectors. The NDPC is supported by a Governing Council responsible for setting policy direction.
The NDPA applies broadly to any individual or organization processing personal data of Nigerian residents, whether operating inside or outside Nigeria, significantly expanding the scope compared to previous regulations. However, it exempts personal or household data use and certain activities by competent authorities related to criminal justice, national security, or public health.
Key objectives of the NDPA include:
Protecting the fundamental rights and freedoms of data subjects as guaranteed by Nigeria’s Constitution.
Regulating the processing of personal data to ensure security and privacy.
Promoting responsible data handling practices.
Providing data subjects with rights such as access, correction, and information about how their data is used.
Strengthening Nigeria’s digital economy and enabling trusted participation in regional and global markets.
The Act also introduces lawful bases for data processing, including consent and legitimate interest, and mandates the appointment of Data Protection Officers by major data controllers to ensure internal compliance.
Experts say the NDPA is a crucial step for Nigeria to build trust in its digital ecosystem, protect citizens’ privacy, and attract international business. However, ongoing efforts will be needed to educate organizations, enforce compliance, and address emerging challenges posed by technologies like artificial intelligence.
