*Last updated on June 3, 2025*
A New Era for Data Protection in Nigeria
The key features of the Nigeria Data Protection Act 2023 represent a major shift in how personal data is handled and protected across the country.
In 2023, Nigeria stepped into a new chapter of digital responsibility with the signing of the Nigeria Data Protection Act (NDPA). It replaced the older NDPR and introduced a more structured, rights-focused approach to how personal data is handled across the country. But what exactly does the law say? And why should you care?
This article breaks down the Act’s core features in a simple, accessible way, with no legal jargon, just clear explanations. The full text of the Nigeria Data Protection Act 2023 and supporting guidelines are available via the Nigeria Data Protection Commission. If you’re curious about how data protection is evolving in Nigeria, you’ve come to the right place.
Key Features: Who the Law Applies To
The NDPA applies to both public and private organizations in Nigeria. It also affects businesses outside Nigeria that handle the personal data of Nigerians. So whether you’re running a local e-commerce store or a global SaaS platform, this law could apply to you.
Key Features: Legal Grounds for Handling Personal Data
Not all data processing is equal, and under the NDPA, you need a valid reason to collect or use someone’s personal data. Here are the main grounds:
- The person has given clear consent
- It’s necessary for a contract
- You’re complying with a legal obligation
- It’s in someone’s vital interest
- It’s part of a public task
- You or a third party have a legitimate interest (which isn’t overridden by the individual’s rights and interests)
Every data activity should be tied to at least one of these grounds.
The Rights Every Nigerian Has Over Their Data
See how Nigeria’s data rights compare globally.
One of the Act’s most significant shifts is giving people greater control over their personal data. These are the rights individuals can exercise:
- Ask what data you hold about them
- Request corrections or deletions
- Limit how their data is used
- Move their data elsewhere
- Say no to certain uses
- Object to automated decisions that have significant effects
If your business collects any kind of personal data, be ready to handle these types of requests. Read more about your digital rights under the NDPA.
Meet the Regulator: The Nigeria Data Protection Commission (NDPC)
The NDPA establishes a dedicated body, the Nigeria Data Protection Commission (NDPC), to enforce the law. They’re in charge of:
- Creating guidelines and codes of conduct
- Investigating complaints
- Conducting audits
- Issuing fines and sanctions when necessary
Understanding the key features of the Nigeria Data Protection Act 2023 also means understanding who enforces it. The NDPC isn’t just symbolic; they’ve got real teeth.
Explore how the NDPC protects your data and enforces the Act.
What Organizations Must Do
Among the key features of the Nigeria Data Protection Act 2023 is a clear set of responsibilities for data controllers and processors. The law places clear responsibilities on data controllers and processors. Here’s a snapshot of what’s expected:
- Put data security measures in place
- Keep records of your data processing
- Carry out risk assessments (DPIAs) when needed
- Appoint a Data Protection Officer (DPO) if your activities demand it
- Report any data breaches quickly
Failure to comply can result in significant enforcement actions by the NDPC.
Read our compliance checklist for Nigerian businesses.
Key Features: Handling Data Breaches the Right Way
If personal data gets into the wrong hands, the clock starts ticking. Under the NDPA:
- You must inform the NDPC within 72 hours
- If the breach puts people at serious risk, you must tell them, too
Being transparent about incidents is now a legal requirement.
Sending Data Abroad? There Are Rules
Want to use cloud services or tools based outside Nigeria? You’ll need to:
- Make sure the country has adequate data protection
- Put proper contracts (like Standard Contractual Clauses approved by the NDPC) or other safeguards (such as Binding Corporate Rules) in place
- Get NDPC approval in some cases
This part of the law is designed to ensure that Nigerian data remains secure, even when it crosses international borders. Learn more about SCCs from the European Commission.
See how the NDPA compares with GDPR and why it matters.
Wrapping Up: Building a Data-Respecting Future
The Nigeria Data Protection Act 2023 isn’t just another policy document. It’s a framework designed to help organizations build trust, operate responsibly, and align with global standards.
If you want to know how this law affects your business directly, check out our companion article: Nigeria Data Protection Act for Businesses: What You Need to Know. Want to stay compliant and build digital trust? Start by reviewing your data practices and exploring our complete compliance checklist.
At PlanetWeb, we’re committed to helping businesses and organizations navigate Nigeria’s evolving digital landscape. Explore more of our thought leadership on the key features of the Nigeria Data Protection Act 2023, data protection strategy, and regulatory compliance in Nigeria via our Insights hub.
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