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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
Every requirement we score, with the rule in plain words and the section it comes from. Darker means more demanding. See every law side by side →
Reach and lawful basis
Reach abroad
3
Applies to controllers and processors outside Nigeria processing personal data of data subjects in Nigeria.s.2(2)(c) · source ↗
Lawful basis
1
Consent or listed necessity grounds, including legitimate interests unless the data subject would not reasonably expect the processing.s.25(1)-(2) · source ↗
Consent
2
Consent must be freely given, specific, informed and unambiguous; silence is not consent and the controller bears the burden of proof.s.26; s.65 · source ↗
Sensitive data
2
Sensitive data (genetic, biometric, health, religion, politics, ethnicity, sex life, union membership) needs specific consent or a listed ground.s.30; s.65 · source ↗
Children
3
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 ↗
People's rights
Rights
3
Access, copy, rectification, erasure, restriction, portability, objection (absolute for direct marketing) and safeguards against solely automated decisions.ss.34-38 · source ↗
Request deadline
0
No fixed number of days; requests must be handled without constraint or unreasonable delay.s.34(1); GAID Art. 49(2) · source ↗
Marketing
3
Consent is required for any direct marketing; objection to direct marketing is absolute.GAID Art. 18(1)(a); s.36(4) · source ↗
Governance
DPO required
2
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 ↗
DPO qualifications
3
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 ↗
No single certification named as mandatory; IIM is NDPC-licensed to certify.
Registration
2
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 ↗
DPIA
3
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 ↗
Records
2
GAID defines a Record of Processing Activities; DPO reports feed into it and it is checked in the annual compliance audit.GAID Arts. 13(2)-(3), 52; s.40(8) · source ↗
No standalone RoPA content rules seen in GAID.
Retention
3
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 ↗
Breaches
Tell the regulator
2
Notify the Commission within 72 hours of becoming aware of a breach likely to risk individuals' rights.s.40(2); GAID Art. 33(1) · source ↗
Tell people
3
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 ↗
Act ties notice to high risk; GAID wording is broader.
Transfers
Transfers abroad
2
Transfers need an adequate level of protection in the destination or a listed basis such as informed consent.ss.41-43; GAID Art. 45, Schedule 5 · source ↗
Localization
0
No general localization rule in the NDPA or GAID.ss.41-43 · source ↗
Sectoral rules (for example, ICT local content guidelines) may require local hosting; not verified.
Enforcement
Maximum fine
3
Greater of N10 million or 2% of prior-year annual gross revenue for entities of major importance; N2 million or 2% for others.s.48(4)-(5) · source ↗
Criminal liability
2
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 ↗
Private action
2
Data subjects who suffer injury, loss or harm may sue for damages; the Commission can also order compensation.s.51; s.48(2) · source ↗
Scores are our reading on the published rubric, checked 18 October 2026. Not legal advice.
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