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Nigeria: NDPC publishes NDPA Implementation Directive

On May 31, 2024, the Nigeria Data Protection Commission (NDPC) published the draft General Application and Implementation Directive (GAID) for the Nigeria Data Protection Act (NDPA). In particular, the GAID seeks to provide guidance on the processing of personal information among citizens, organizations, communities, states, etc. The GAID provides the rules and procedures relating to the following matters, among others:

  • the scope of the NDPA particularly in relation to data controllers and processors not domiciled in Nigeria;
  • the categories of data subjects to whom the NDPA applies;
  • clarity in the event of conflicting provisions within the NDPA and the GAID, being that the NDPA shall prevail;
  • the role of the NDPC in collaborating with relevant public authorities to develop sub-national and sectoral guidelines on data protection;
  • the application of exemptions provided under the NDPA;
  • list of situations where the conduct of an individual processing data for household or personal purposes may cause risks to data subject privacy;
  • clarity on the designation of data controllers and processors of major importance;
  • the appointment, functions, and duties of the data protection officer (DPO);
  • the consent to cookies, and the definition of 'necessary cookies;'
  • the conditions for conducting a Data Privacy Impact Assessment (DPIA); and
  • further definitions including 'platform of data processing' and 'interoperable data privacy measures.'

Notably, the GAID notes that pending the issuance of guidelines on cross-border data transfer, the explanatory note provided in Schedule 3 of the GAID will be used for the evaluation of countries to determine their level of adequacy and for other grounds of cross-border data transfer recognized under the NDPA.

You can read the GAID here.