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Regulatory

Data Protection

Compliance with the Nigeria Data Protection Act 2023: audits, policies, data subject requests, cross-border transfers and breach response.

Overview

The Nigeria Data Protection Act 2023 established the Nigeria Data Protection Commission and set out how personal data may be collected, used, shared and kept. We help organisations comply with it in a way that fits how they actually work.

We carry out data protection audits and gap assessments, draft privacy notices, policies and data processing agreements, advise on lawful bases for processing, and help clients register with the Commission where they are data controllers or processors of major importance. We also advise on the Commission’s General Application and Implementation Directive.

When things go wrong, we advise on breach notification, communication with affected individuals and engagement with the Commission, and we represent clients in investigations and related disputes.

What we do

  • Spin-Offs, Split-Offs, and Other De-Mergers and Divestitures

    Advising on the legal and regulatory aspects of spin-offs, split-offs, and other forms of de-mergers and divestitures to ensure smooth and compliant transactions.

  • Foreign Direct Investment

    Guiding clients through the legal complexities of foreign direct investments, including regulatory compliance and strategic planning.

  • Setting Up Businesses

    Assisting with the legal requirements for establishing new businesses, including entity formation, registration, and initial compliance.

  • Strategic Minority Investments

    Providing legal counsel on strategic minority investments, ensuring that clients' interests are protected and that investments comply with relevant regulations.

  • Privatizations

    Advising on the legal processes involved in the privatization of state-owned enterprises, ensuring transparent and efficient transactions.

  • Reconstructions

    Assisting with corporate reconstructions to optimize organizational structures and improve operational efficiency.

  • Re-Organizations to Develop Group Holding Companies

    Guiding clients through re-organizations to create or restructure group holding companies, ensuring legal and tax compliance.

  • Corporate Governance

    Advising boards and management on governance codes, board structure and committees, directors’ duties and conflicts of interest, and regulatory compliance.

  • Compliance

    Offering comprehensive compliance services to ensure that clients meet all regulatory requirements and avoid legal pitfalls.

  • Solvent Liquidations

    Advising on the legal procedures for solvent liquidations, ensuring that assets are distributed in accordance with the law and creditors' rights are respected.

FAQs

Data controllers and processors of major importance, a category the Commission defines by reference to the volume and sensitivity of data processed and the sector. Registration is renewed periodically.

A breach likely to result in a risk to individuals’ rights and freedoms must be notified to the Commission within 72 hours of the controller becoming aware of it, and affected individuals must be told without undue delay where the risk is high.

Yes, if the recipient country or organisation provides an adequate level of protection or another basis in the Act applies, such as binding corporate rules, standard contractual clauses or the data subject’s informed consent.
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