Section 48, NDPA

Enforcement orders

(1) Notwithstanding any criminal sanctions under this Act, if the Commission, after completing an investigation under section 46 of this Act, is satisfied that a data controller or data processor has violated any provision of this Act or subsidiary legislation made under this Act, it —

(a) may make any appropriate enforcement order or impose a sanction on the data controller or data processor; and

(b) shall inform the data controller or data processor, and if applicable, any data subject who lodged a complaint leading to the investigation, in writing of its decision.

(2) An enforcement order made or sanction imposed under subsection (1) shall include —

(a) requiring the data controller or data processor to remedy the violation;

(b) ordering the data controller or data processor to pay compensation to a data subject, who has suffered injury, loss, or harm as a result of a violation;

(d) ordering the data controller or data processor to pay a penalty or remedial fee.

(3) A penalty or remedial fee under subsection (2)(d) may be an amount up to the —

(a) higher maximum amount, in the case of a data controller or data processor of major importance; or

(b) standard maximum amount, in the case of a data controller or data processor not of major importance.

(4) The “higher maximum amount” shall be the greater of —

(a) $10,000,000, and

(b) 2% of its annual gross revenue in the preceding financial year.

(5) The “standard maximum amount” shall be the greater of —

(a) N2,000,000, and

(b) 2% ofits annual gross revenue in the preceding financial year.

(6) The Commission shail, in determining the sanctions, take into consideration the –

(a) nature, gravity, and duration of the infringement;

(b) purpose of the processing;

(d) level of damage and damage mitigation measures implemented:

(e) intent or negligence,

(f) degree of cooperation with the Commission; and

(g) types of personal data involved,

This is Section 48 of the Nigeria Data Protection Act 2023. To explore the rest of the legislation, please use the links below:

Section 48, NDPA

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