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NDPA (Nigeria)
Nigeria Data Protection Act, 2023
WhenSigned into law in June 2023
Who enforces itNigeria Data Protection Commission (NDPC)
Who it applies toData controllers and processors in Nigeria or processing the data of people in Nigeria.
Tell the regulatorNotify the Commission within 72 hours of becoming aware of a breach likely to risk individuals…
DPO requiredData controllers and processors of major importance must designate a DPO; low thresholds (over…
RegistrationControllers and processors of major importance must register, with fees of N10,000-250,000 by…
Transfers abroadTransfers need an adequate level of protection in the destination or a listed basis such as in…
Request deadlineNo fixed number of days
Maximum fineGreater of N10 million or 2% of prior-year annual gross revenue for entities of major importance
52%
of Nigeria's 21 requirements are already met by European Union (GDPR). Here is what NDPA (Nigeria) adds, biggest gaps first.
DPO qualificationsGovernanceBig gap
GDPR1 DPO chosen for professional qualities, especially expert knowledge of data protection law and practice; no certification required.
NDPA (Nigeria) adds3 Expert knowledge required; NDPC keeps a database of certified DPOs with annual credential assessment, CPD points, and Commission-accredited DPOs signing DPIAs.
s.32(1); GAID Arts. 14, 28(4); CPD Guidance Notice (26 June 2026) · source ↗
RegistrationGovernanceBig gap
GDPR0 No general registration; controllers communicate DPO contact details to the supervisory authority.
NDPA (Nigeria) adds2 Controllers and processors of major importance must register, with fees of N10,000-250,000 by tier; ordinary-tier entities renew annually.
s.44; GAID Art. 9; Registration Guidance Notice (Feb 2024) · source ↗
RetentionGovernanceBig gap
GDPR1 Storage limitation: keep identifiable data no longer than necessary; erase when no longer needed.
NDPA (Nigeria) adds3 Without a statutory period, storage must end within six months after the purpose is accomplished.
s.24(1)(d); GAID Art. 49(3)-(4) · source ↗
Reach abroadReach and lawful basisGap
GDPR2 Applies to non-EU controllers offering goods or services to, or monitoring the behavior of, people in the EU.
NDPA (Nigeria) adds3 Applies to controllers and processors outside Nigeria processing personal data of data subjects in Nigeria.
s.2(2)(c) · source ↗
ChildrenReach and lawful basisGap
GDPR2 Parental consent required for information society services offered to children under 16; Member States may lower the age to no less than 13.
NDPA (Nigeria) adds3 Age 18 (Child's Rights Act). Parental or guardian consent with age verification; regulations pending for electronic services to children 13 and over.
s.31(1)-(5); s.65 · source ↗
MarketingPeople's rightsGap
GDPR2 Absolute right to object to direct marketing; prior consent required for electronic marketing under the ePrivacy Directive, with a customer soft opt-in.
NDPA (Nigeria) adds3 Consent is required for any direct marketing; objection to direct marketing is absolute.
GAID Art. 18(1)(a); s.36(4) · source ↗
DPO requiredGovernanceGap
GDPR1 DPO required for public bodies, large-scale systematic monitoring, or large-scale special-category or criminal data processing.
NDPA (Nigeria) adds2 Data controllers and processors of major importance must designate a DPO; low thresholds (over 200 data subjects in six months) capture many firms.
s.32(1); GAID Arts. 7(i), 11 · source ↗
DPIAGovernanceGap
GDPR2 DPIA required before processing likely to result in high risk; prior consultation if residual high risk remains.
NDPA (Nigeria) adds3 DPIA required before high-risk processing; mandatory for listed cases such as profiling, sensitive data and cross-border transfers, and filed with the Commission.
s.28; GAID Art. 28(3), (5) · source ↗
Tell peopleBreachesGap
GDPR2 Notify affected individuals without undue delay when the breach is likely to result in high risk.
NDPA (Nigeria) adds3 Notify affected data subjects immediately where high risk under the Act; GAID requires notice immediately after becoming aware.
s.40(3); GAID Art. 33(3) · source ↗
Criminal liabilityEnforcementGap
GDPR1 Member States set other penalties, including criminal penalties, for infringements not subject to administrative fines.
NDPA (Nigeria) adds2 Failing to comply with Commission orders is an offense with fines or up to one year in prison; principal officers are deemed culpable.
ss.49, 53 · source ↗
Already covered by GDPR: Lawful basis, Consent, Sensitive data, Rights, Request deadline, Records, Tell the regulator, Transfers abroad, Localization, Maximum fine, Private action.
A gap means NDPA (Nigeria) is more demanding than GDPR on that requirement, on our 0 to 3 scale (how we score). Read the cited section before acting. Not legal advice.
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