What is the Nigerian Data Protection Act?
The Nigeria Data Protection Act, 2023 (NDPA) is the country’s first comprehensive data protection law, signed into force on June 12, 2023. It establishes the Nigeria Data Protection Commission (NDPC) as the independent regulator, replacing the earlier Nigeria Data Protection Regulation (NDPR 2019) and the transitional Nigeria Data Protection Bureau. The NDPA applies broadly across industries — from banking, telecoms, health and education to technology, e-commerce, and government — and reaches both Nigerian organizations and foreign entities that process the data of individuals in Nigeria. Its purpose is to safeguard fundamental rights, create accountability for data controllers and processors, and align Nigeria with international standards for data protection and digital trade. Since its enactment, the NDPC has issued guidance and updates (including on registration, cross-border transfers, and sensitive data categories), making it a living framework that evolves with emerging practices.
What are the requirements for the Nigerian Data Protection Act?
Compliance with the NDPA begins with governance and registration. Organizations that qualify as Data Controllers or Processors of Major Importance must register with the NDPC, appoint a qualified Data Protection Officer, and maintain up-to-date records. All organizations processing personal data must identify and document a lawful basis for each activity, provide transparent privacy notices, and respect the rights of data subjects, including access, correction, erasure, objection, and portability. Additional safeguards apply when processing sensitive data or children’s information, requiring explicit consent or reliance on specific legal grounds. The Act also obliges companies to implement appropriate security measures, conduct Data Privacy Impact Assessments before high-risk processing, and ensure processors are bound by written contracts. Where personal data leaves Nigeria, the transfer must be covered by adequate protections or justified by limited derogations such as consent, contract, or public interest. Oversight by the NDPC includes the ability to request information, investigate, and issue binding compliance orders.
Why should you be compliant with the Nigerian Data Protection Act?
Compliance with the NDPA is not only a legal obligation but also a strategic advantage. Organizations that demonstrate strong data protection practices gain customer trust, improve their ability to do business with global partners, and avoid barriers to cross-border data flows. Compliance reduces the likelihood of reputational damage, operational disruption, and costly incidents such as breaches or disputes over data misuse. On the other hand, non-compliance carries significant risks: the NDPC has the authority to impose sanctions, order remediation or compensation, and levy fines that may reach millions of naira or a percentage of annual revenue. Persistent violations may also result in reputational harm, loss of contracts, and even criminal liability in some cases. By aligning with the NDPA, organizations protect individuals’ rights, strengthen their security posture, and position themselves as trustworthy actors in Nigeria’s rapidly expanding digital economy.
How to achieve compliance?
Becoming compliant with the Nigeria Data Protection Act (NDPA) starts with establishing the right governance, transparency, and security measures. Organizations must determine whether they are a Data Controller or Processor of Major Importance and, if so, register with the Nigeria Data Protection Commission (NDPC) and appoint a qualified Data Protection Officer. Every processing activity must be mapped to a lawful basis, privacy notices must be provided in clear and accessible language, and additional safeguards are required when handling sensitive data or children’s data. Organizations also need to implement appropriate technical and organizational security measures, maintain contracts with processors, conduct Data Privacy Impact Assessments for high-risk activities, and put in place processes for breach detection, notification, and cross-border transfers.
With the Centraleyes platform, these obligations can be streamlined into actionable steps:
- Automated assessments map your existing controls against NDPA requirements for governance, lawful processing, and security.
- Pre-built questionnaires capture evidence for registration, consent management, DPIAs, processor contracts, and breach procedures.
- Risk registers and dashboards highlight compliance gaps, track remediation, and document your organization’s accountability.
- Automated reporting provides the NDPC and internal stakeholders with audit-ready proof of compliance.
Most importantly, organizations can quickly identify where they stand, close gaps faster, and demonstrate compliance with confidence—reducing manual effort and accelerating the journey to full NDPA alignment.
