DATA PROTECTION ACT 2023
The Nigeria Data Protection Act 2023 is the landmark legislation that provides a legal framework for the protection of personal information and the regulation of data processing in Nigeria. Signed into law on June 12, 2023, it establishes the Nigeria Data Protection Commission (NDPC) and outlines the rights of data subjects. This is the complete Nigerian Data Protection Act 2023. Searching for a section of this act has been made easy on this website.
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Arrangement of Sections
PART I: OBJECTIVES AND APPLICATION
PART II: ESTABLISHMENT OF THE NIGERIA DATA PROTECTION COMMISSION, AND ITS GOVERNING COUNCIL
4. Establishment of the Nigeria Data Protection
5. Functions of the Commission
6. Powers of the of the Commission
7. Independence of the Commission
8. Establishment of the Governing Council of the Commission
9. Appointment of members of the Council
10. Tenure of members of the Council
11. Cessation of membership
12. Functions and powers of the Council
13. Conflict of interest
PART III: APPOINTMENT OF THE NATIONAL COMMISSIONER, AND OTHER STAFF OF THE COMMISSION
14. Appointment of the National Commissioner for the of the Commission
15. Secretary to the Council
16. Staff of the Commission
17. Staff regulations and discipline
18. Pension
PART IV: FINANCIAL PROVISIONS
19. Funds of the Commission
20. Expenditure of the Fund
21. Power to borrow and accept gifts
22. Account and audit
23. Annual reports and estimates
PART V: PRINCIPLES AND LAWFUL BASIS GOVERNING PROCESSING OF PERSONAL DATA
24. Principles of personal data processing
25.Lawful basis of personal data processing
26. Consent
27. Provision of information to the data subject
28. Data privacy impact assessment
29. Obligations of the data controller and data processor
30. Sensitive personal data
31. Children or persons lacking the legal capacity to consent
32.Data Protection Officers
33. Data protection compliance services
PART VI: RIGHTS OF A DATA SUBJECT
34. Right of a data subject
35. Withdrawal of Consent
36. Right to object
37. Automated decision making
38. Data portability
PART VII: DATA SECURITY
39. Security, integrity and confidentiality
40. Personal data breaches
PART VIII: CROSS-BORDER TRANSFERS OF PERSONAL DATA
41. Basis for cross-border transfer of personal data
42. Adequacy of protection
43. Other bases for transfer of personal data outside Nigeria
PART IX: REGISTRATION AND FEES
44. Registration of data controllers and processors of major importance
45. Fees and levies
PART X: ENFORCEMENT
46. Complaints
47. Compliance orders
48. Enforcement orders
49. Offences and penalties
50. Judicial review
51. Civil remedies
52. Forfeiture
53. Joint and vicarious liability
PART XI: LEGAL PROCEEDINGS
54. Limitation of suits against the Commission
55. Service of documents
56. Restriction on execution against property of the Commission
57. Indemnity of staff, members, and employees of the Commission
58. Power of arrest, search and seizure
59. Right to appear in court
PART XII: MISCELLANEOUS PROVISIONS
60. Directives by the Minister
61. Regulations
62. Directives, codes, and guidelines
63. Priority of the Act
64. Transitional provisions
65. Interpretation
66. Citation