Database

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NIGERIA

Reported in 2017, last reported in 2024

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
In recent years, the Nigerian government has reportedly blocked access to certain social media platforms and political content online. For example, in June 2021, the government ordered the blocking of X (formerly Twitter) on most major networks. The platform became accessible again in January 2022, after the company reportedly agreed to several government conditions, including establishing a local office, appointing a designated country representative, and paying taxes in Nigeria. In February 2024, authorities instructed service providers to block access to cryptocurrency trading websites such as Binance, OctaFX, and Coinbase. Additionally, Patreon—a platform that enables users to subscribe to content from creators—showed signs of being blocked on multiple ISPs in Nigeria throughout 2023 and 2024.
Coverage Social media plaforms and cryptocurrency trading websites

NIGERIA

Since June 2021

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Newspaper advertorial by National Broadcasting Commission (NBC)
It is reported that on 10 June 2021, the National Broadcasting Commission (NBC) asked all social media platforms and online broadcasting service providers in Nigeria to apply for the broadcast licence through a newspaper advertorial. The advertorial states that the request is in line with provisions of the National Broadcasting Act of 2004, Section 2(1)(b), which gives the NBC the responsibility of "receiving, processing and considering applications for the establishment, ownership or operation of Radio & Television Stations including cable television services, Direct Satellite Broadcast (DSB), and any medium of Broadcastings." In addition, in 2021, it was reported that the major global social media platforms had not registered with NBC, while Nigerian social media companies that sought to register reported inaction by the regulator. It has further been reported that NBC could not process the applications due to a lack of a licensing framework and capacity to enforce the directive.
Coverage Online broadcasting services and social media platforms

NIGERIA

Since December 2013, last amended in August 2019

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
Entities seeking to provide communication services or facilities in Nigeria are subject to a licensing requirement. According to Section 10.3 of the Guidelines for Nigerian Content Development in Information and Communication Technology (ICT), Software Multinational Companies and Original Equipment Manufacturers must negotiate Universal License Agreements (ULA) with the National Information Technology Development Agency (NITDA) and offer these licenses and services to the public sector under terms agreed upon with the agency.
Coverage Foreign software companies

NIGERIA

Since 2016, last amended in June 2020

Pillar Cross-border data policies  |  Indicator Infrastructure requirement
Guidelines on Operations of Electronic Payment Channels in Nigeria
Sections 2.4.4.8 and 3.4.3.6 of the "Guidelines on Operations of Electronic Payment Channels in Nigeria" stipulate that all domestic payment transactions must be routed through a local switch within Nigeria.
Coverage Financial sector

NIGERIA

Since January 2019
Since November 2020
Since June 2023

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Nigeria Data Protection Regulation 2019

Nigeria Data Protection Regulation 2019: Implementation Framework

Nigeria Data Protection Act, 2023
Sections 41.1 and 43.1 of the Data Protection Act (DPA) provide that a data controller is allowed to transfer personal data from Nigeria to another country as long as there is an adequate level of protection of personal data in such country or the data subject consented to the transfer after being informed of the risk and did not withdraw the consent, the transfer is necessary for the performance of a contract to which the data subject is a party, the transfer is for the data subject's benefit, necessary for a public interest, necessary for legal action, or protect the vital interest of the data subject or third party.
Prior to the DPA, the Nigerian Data Protection Regulation 2019 (NDPR) was the go-to regulation on data protection. Although enforceable, it remains a subsidiary legislation, and there was no specific commission to oversee data protection. According to Section 2.11 of the NDPR, personal data transfers are permitted on condition that the destination country offers an adequate level of data protection. Determining the level of data protection is a prerogative of the National Information Technology Development Agency (NITDA) based on the Honourable Attorney General of the Federation's (HAGF) consideration of the foreign country’s legal system, rule of law, respect for human rights and fundamental freedoms, as well as relevant general and sector-specific legislation in public security, defence, national security, and criminal law. The countries whose levels of personal data protection are considered adequate are provided in the whitelist in Annex C of the Implementation Framework of the Data Protection Regulation and include 42 countries in addition to the EU Member States and all African countries who are signatories to the Malabo Convention 2014.
Where a transfer to a jurisdiction outside the whitelist is being sought, the Data Controller shall ensure there is verifiable documentation to conduct the transfer under one or more of the exceptions stated in Art. 2.12 of the NDPR. These include the consent of the data subject and the necessity for the performance of the contract.
Coverage Horizontal

NIGERIA

Since January 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Nigeria has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

NIGERIA

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Nigeria has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

NIGERIA

Since January 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Nigeria has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

NIGERIA

Since June 2023
Since January 2019

Pillar Domestic data policies  |  Indicator Framework for data protection
Nigerian Data Protection Act, 2023

Nigeria Data Protection Regulation 2019
The Data Protection Act establishes a comprehensive regime for data protection in Nigeria, providing a legal framework for safeguarding personal information and creating the Nigeria Data Protection Commission (NDPC). Aligning with international standards, the Act sets forth principles for the processing of personal data, specifying requirements for handling sensitive information and children's data. Additionally, it mandates data controllers to conduct Data Protection Impact Assessments, appoint data protection officers, notify breaches, and adhere to data security protocols. The Act also imposes restrictions on cross-border data transfers, adopting the concept of adequate protection. Furthermore, it grants data subjects rights such as the right to object, withdraw consent, data portability, and protection from decisions based solely on the automated processing of personal data.
Before the enactment of the Data Protection Act, the Nigerian Data Protection Regulation served as the primary regulation for data protection. Although enforceable, it remains a subsidiary legislation.
Coverage Horizontal

NIGERIA

Since December 2013, last amended in August 2019

Pillar Intellectual Property Rights (IPRs)  |  Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
In 2013, the National Information Technology Development Agency (NITDA) promulgated guidelines on Nigerian content in information and communications technology, with subsequent amendments in 2019. These guidelines apply to both state entities and private enterprises. The guidelines mandate that multinational companies provide verifiable information and sign affidavits regarding the origin, safety, source, and functioning of software sold and deployed within Nigeria to "ascertain the full security of the product and protect national security." This requirement also aims to ensure the security of source code, though it remains unclear whether this could potentially result in the disclosure of the source code.
Coverage Software

NIGERIA

Since 2015

Pillar Domestic data policies  |  Indicator Minimum period for data retention
CyberCrime Act, 2015
Section 38 of the CyberCrime Act requires communication service providers to keep traffic data and subscriber information for two years.
Coverage Communication Service providers

NIGERIA

Since January 2019

Pillar Intellectual Property Rights (IPRs)  |  Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Lawful Interception of Communications Regulations, 2019
Rule 11.1 of the Lawful Interception of Communications Regulations, 2019 prohibits licensees from providing any communications services that cannot be monitored and intercepted. Further, Rule 9.1 of the same regulations states that where communication intercepted is encrypted, the communications service provider is required by the regulator to provide the key, code or access to the encrypted communication.
Coverage Telecommunications sector

NIGERIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Nigeria has no rules applicable to the protection of trade secrets.
Coverage Horizontal

NIGERIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Nigeria to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

NIGERIA

Reported in 2021

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
In December 2014, Nigeria's National Council on Privatisation (NCP) approved the sale of Nigerian Telecommunications (NITEL) and its mobile arm (M-Tel) to NATCOM Consortium. The government still owns 25% of the NITEL (the incumbent). The government announced it plans to return to the market to sell the remaining 25% to Nigerians through Initial Public Offering (IPO).
Coverage Telecommunications sector

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