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.
  • Why is mutual assent important in a contract?

    This is one of the key elements of a contract because is shows the meeting of the minds of both parties
  • What is SON?

    SON stands for ‘Standards Organization of Nigeria’
  • Is it legal to transfer the personal data you obtained legally to another person?

    No, its not legal. This is because the law prohibits anyone from transferring the data of a third party to another person without consent from the third party to do same even if the data was rightfully obtained in the first instance.
  • What is eligible for Patent registration?

    Patents are granted for the invention of products or processes. However, for it to be patentable, the invention

    • Must be new,
    • Must have an inventive step that is not obvious to someone with knowledge and experience in the subject,
    • Must be capable of being made or used in some kind of industry and not be, a scientific or mathematical discovery, theory or method, a literary, dramatic, musical or artistic work, a way of performing a mental act, playing a game or doing business, the presentation of information, or some computer programs, an animal or plant variety, a method of medical treatment or diagnosis,
    • And must not be against public policy or morality.
  • 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.
  • What is a trademark?

    A trademark can be any word, sign, symbol or graphic that you apply to your company, goods or services to distinguish them from those of your competitors; for example, a brand, product or company name, or logo. The trademark serves as a badge of origin for your business and its brands and products, and can consist of words, logos, slogans, colours and shapes, or a combination of all of these.
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