NIGERIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Nigeria has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
NIGERIA
Since June 2014
Since May 2022
Since May 2022
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Guidelines on International Money Transfer Services of June 2014
According to Section 3.6.1 of the Guidelines on International Money Transfer Services, there is a limit of USD 2,000 per transaction for foreign transfers, subject to periodic review by the Central Bank of Nigeria. It is reported that entrepreneurs are not able to accept credit card payments over the Internet due to legal and business concerns.
Coverage Online payments
Sources
- https://web.archive.org/web/20230919041924/https://www.cbn.gov.ng/Out/2014/BPSD/Guidelines%20on%20International%20Money%20Transfer%20Services%20in%20Nigeria%20Approved%20d.pdf
- https://web.archive.org/web/20240712181542/https://www.interesjournals.org/articles/the-problems-and-prospects-of-etransaction-the-nigerian-perspective.pdf
- https://web.archive.org/web/20221011100252/https://www.cbn.gov.ng/Out/2022/CCD/circular%20NIP%20limit.pdf
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NIGERIA
Reported in 2022, until July 2023
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Restrictions on foreign currency spending
It is reported that Nigerian banks have reduced the monthly international spending limit on debit cards in Nigerian naira. The monthly dollar spending limit went from USD 100 to between USD 50-20 per month (depending on the month). Therefore, customers cannot use their naira debit cards to pay for transactions of more than USD 20 or USD 50 per month. In addition, some banks suspended international ATMs and point of sales (POS) transactions. In late 2022, this restriction was partially lifted by allowing purchases in USD through selected platforms such as Paystack.
Coverage Online payments
Sources
- https://www.accountingshock.com/2022-card-cross-border-transaction-limit-for-first-bank/
- https://web.archive.org/web/20221104082343/https://techcabal.com/2022/04/25/naira-debit-cards-may-never-work-again-for-dollar-payments/
- https://web.archive.org/web/20220517185207/https://paystack.zendesk.com/hc/en-us/articles/360009881440-Pay-with-Card
- https://web.archive.org/web/20241115195930/https://www.premiumtimesng.com/news/more-news/609901-wema-bank-lifts-suspension-on-international-transaction-on-naira-cards.html?tztc=1
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NIGERIA
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Nigeria does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, it is reported that there is an informal threshold of USD 250.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240303200229/https://zonos.com/docs/guides/de-minimis-values#de-minimis-values-per-country
- https://web.archive.org/web/20230328185210/http://www.wcoomd.org/-/media/wco/public/global/pdf/topics/facilitation/activities-and-programmes/ecommerce/case-study/nigeria_case-study-on-cross_border-eco...
NIGERIA
Since November 2020
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Nigeria Data Protection Regulation 2019: Implementation Framework
According to Section 3.5 of the Implementation Framework of the Nigeria Data Protection Regulation, multinational corporations with a subsidiary in Nigeria are mandated to appoint a dedicated Data Protection Officer (DPO) who resides in Nigeria and has direct access to the organisation's management team in the country. This requirement applies to organisations classified as data controllers under any of the following conditions:
- The entity is a governmental body, ministry, department, institution, or agency;
- The organisation’s core activities involve the processing of personal data relating to more than 10,000 data subjects annually;
- The organisation routinely processes sensitive personal data as part of its operations; or
- The organisation holds critical national information infrastructure, as defined under the Cybercrimes Act or any subsequent amendments, which includes personal data.
- The entity is a governmental body, ministry, department, institution, or agency;
- The organisation’s core activities involve the processing of personal data relating to more than 10,000 data subjects annually;
- The organisation routinely processes sensitive personal data as part of its operations; or
- The organisation holds critical national information infrastructure, as defined under the Cybercrimes Act or any subsequent amendments, which includes personal data.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220806211310/https://taxtech.com.ng/download/Nigeria%20Data%20Protection%20Regulation%202019%20Implementation%20Framework.pdf
- https://iclg.com/practice-areas/data-protection-laws-and-regulations/nigeria
- https://www.dataguidance.com/notes/nigeria-data-protection-overview
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NIGERIA
Reported in 2023
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Local presence requirement for digital companies
It is reported that the Nigerian government is increasingly “encouraging” digital companies to establish a physical presence in the country. In 2023, a digital firm, which had its access to the Nigerian web space revoked for an unrelated matter, was required to set up a local office as part of the negotiations to regain its access.
Coverage Horizontal
NIGERIA
Since 2018
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Federal Competition and Consumer Protection Act, 2018
The Federal Competition and Consumer Protection Act, 2018 provides the general framework for consumer protection in Nigeria. However, it is reported that the non-existence of a law on electronic transactions in Nigeria has created an unpredictable legal environment for e-commerce.
Coverage Horizontal
Sources
- https://web.archive.org/web/20211230153419/https://placng.org/i/wp-content/uploads/2019/12/Federal-Competition-and-Consumer-Protection-Act-2018.pdf
- https://web.archive.org/web/20231206142209/https://www.gelias.com/images/Newsletter/Electronic_Signatures_in_Capital_Market_Transactions_-_Moving_Forward.pdf
- https://www.interesjournals.org/full-articles/the-problems-and-prospects-of-e-transaction-the-nigerian-perspective.pdf?view=inline
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NIGERIA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Nigeria has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
NIGERIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Nigeria has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
NIGERIA
Since August 2011
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Guidelines on Point-of-Sale Card Acceptance Services by the Central Bank of Nigeria, 2011
According to Section 4.4.8 of the Guidelines on Point-of-Sale Card Acceptance Services, all domestic transactions in Nigeria, including but not limited to POS and ATM transactions, must be switched using the services of a local switch and shall not under any circumstance be routed outside Nigeria for switching between Nigerian issuers and acquirers.
Coverage Financial transactions
NIGERIA
Since March 2018
Since July 2003
Since July 2003
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Value-Added Services and Aggregator Framework (Amended), 2018
Nigerian Communications Act 2003
Nigerian Communications Act 2003
Within Section 2.3 of the Value Added Services and Aggregator Framework of 2018, any company in Nigeria is barred from offering any Value Added Service without an appropriate license by the Nigerian Communications Commission (NCC). In the Framework, the definition of Value Added Service is any network-based service other than voice conversation that is provided in the form of text, video, graphics, picture, multimedia or data for the purpose of conveying information or executable content either downloaded or accessed online and normally at extra cost. The following classes of services are recognised as value-added services:
- Information services/Content: news, updates, data, quizzes, games, ringtones, video streaming, alerts, product information, call centre, database access;
- Interactive services/ applications: charting, contest participation, e-voting, e-government, text-to-win, polls and surveys, coupons, online games, promotions, prepaid calling card service, call directory, location-based services;
- Commerce: e-banking, mobile money, e-health, telemarketing, e-ticketing.
This provision is in line with the Nigerian Communications Act, 2003 (Section 31.1), which mandates that a communications system or facility provider operate under a specific license unless exempted under the Act.
- Information services/Content: news, updates, data, quizzes, games, ringtones, video streaming, alerts, product information, call centre, database access;
- Interactive services/ applications: charting, contest participation, e-voting, e-government, text-to-win, polls and surveys, coupons, online games, promotions, prepaid calling card service, call directory, location-based services;
- Commerce: e-banking, mobile money, e-health, telemarketing, e-ticketing.
This provision is in line with the Nigerian Communications Act, 2003 (Section 31.1), which mandates that a communications system or facility provider operate under a specific license unless exempted under the Act.
Coverage Value-added services
Sources
- https://web.archive.org/web/20221129100723/https://www.ncc.gov.ng/docman-main/licensing-documents/licensing-frameworks/791-value-added-service-aggregator/file
- https://web.archive.org/web/20231213211626/https://www.ncc.gov.ng/docman-main/licensing-documents/licensing-frameworks/194-value-added-services/file
- https://web.archive.org/web/20230224082422/https://ncc.gov.ng/documents/128-nigerian-communications-act-2003/file
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NIGERIA
Since February 2022
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Insurance Web Aggregators Operational Guidelines of February, 2022
According to Section 4 of the Insurance Web Aggregators Operational Guidelines, the provision of Web-based insurance business, as well as Insurance Web aggregators services, is subject to licensing by the National Insurance Commission of Nigeria (NAICOM). A web aggregator is defined in Section 2 as any website that provides resources and information on products and pricing of insurance companies and offers leads to an insurance company.
Coverage Insurance web aggregators
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)
Section 10 of the Guidelines for Nigerian Content Development in Information and Communication Technology stipulates that indigenous software development and software-enabled products and services register their products, capabilities and organisation at the National Digital Marketplace (NDP) and NITDA portal for International Software Vendors.
Coverage Indigenous software development and software-enabled products and services
NIGERIA
Reported in 2022, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Licensing requirements for ICT imports
It is reported that importers of foreign technology must obtain a certificate from the National Office of Technology Acquisition and Promotion (NOTAP). One of the prerequisites for obtaining the certificate is the provision of a Technology Transfer Agreement duly approved by NOTAP.
Coverage ICT goods
Sources
- https://web.archive.org/web/20230929161254/https://www.state.gov/reports/2023-investment-climate-statements/nigeria/
- https://web.archive.org/web/20230601204341/https://www.state.gov/reports/2022-investment-climate-statements/nigeria/
- https://web.archive.org/web/20220322135118/https://www.notap.gov.ng/new_dev/requirements-for-the-registration-of-technology-transfer-agreements/
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NIGERIA
Reported in 2015, last reported in 2024
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Complaints about import procedures
It is reported that importers complain about inconsistent application of customs regulations and lengthy clearance procedures, often due to outdated manual processing systems and corruption. These factors sometimes contribute to product deterioration and result in significant losses for importers. Disputes among Nigerian Government agencies over the interpretation of regulations often cause delays, and frequent changes in customs guidelines slow the movement of goods through Nigerian ports.
Coverage Horizontal
