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
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 December 2013, last amended in August 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
According to Section 9.3 of the Guidelines for Nigerian Content in Information and Communication Technology, Hardware Multinational Companies and Original Equipment Manufacturers (OEMs) of ICT products are required to provide a detailed local content development plan for the creation of jobs, recruitment of Nigerians, human capital development, use of indigenous ICT products and services for value creation.
The Guidelines further provide the minimum local content threshold for compliance by indigenous manufacturers in indigenous ICT products. Under Section 9.1 (3), OEMs must maintain at least 40% local content by value and volume either directly or through outsourcing to local manufacturers engaged in any segment of the product value chain. Section 9.2 (4) mandates Indigenous Original Design Manufacturers (ODMs) of ICT products to maintain at least 70% local content by value and volume either directly or through outsourcing to local manufacturers engaged in any segment of the product value chain.
Similar requirements for Hardware Multinational Companies, OEMs, and ODMs were provided in the 2013 Guidelines for Nigerian Content Development in ICT, which have been revised or maintained in the amended 2019 Guidelines. The threshold for local content from local manufacturers is revised down for OEMs from 50% in 2013 to 40% in 2019, and for ODMs, this has been adjusted upwards from 50% in 2013 to 70% in the 2019 Guidelines. Provisions maintained include the requirement for the local content development plan.
The Guidelines further provide the minimum local content threshold for compliance by indigenous manufacturers in indigenous ICT products. Under Section 9.1 (3), OEMs must maintain at least 40% local content by value and volume either directly or through outsourcing to local manufacturers engaged in any segment of the product value chain. Section 9.2 (4) mandates Indigenous Original Design Manufacturers (ODMs) of ICT products to maintain at least 70% local content by value and volume either directly or through outsourcing to local manufacturers engaged in any segment of the product value chain.
Similar requirements for Hardware Multinational Companies, OEMs, and ODMs were provided in the 2013 Guidelines for Nigerian Content Development in ICT, which have been revised or maintained in the amended 2019 Guidelines. The threshold for local content from local manufacturers is revised down for OEMs from 50% in 2013 to 40% in 2019, and for ODMs, this has been adjusted upwards from 50% in 2013 to 70% in the 2019 Guidelines. Provisions maintained include the requirement for the local content development plan.
Coverage Manufacturers of ICT products
NIGERIA
Since July 2003
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Nigerian Communications Act 2003
Self-certification is not allowed in Nigeria for Radio and Telecommunication equipment. Section 4 (1)(n) of the Nigerian Communications Act of 2003 mandates the Nigerian Communications Commission (NCC) to carry out type approval tests on communications equipment and issue certificates based on relevant technical specifications and standards. Otherwise, selling or installing any communications equipment or facilities without first obtaining the Commission’s type approval test certificate is an offence and, on conviction, punishable by a fine or imprisonment, or both fine and imprisonment.
Coverage Radio and telecommunication equipment
Sources
- https://web.archive.org/web/20230303083259/https://ncc.gov.ng/documents/128-nigerian-communications-act-2003/file
- https://web.archive.org/web/20230311123644/https://www.ncc.gov.ng/technical-regulation/standards/type-approval
- https://web.archive.org/web/20220627214541/https://www.ncc.gov.ng/docman-main/technical-standards/ts-applications/698-type-approval-application-form/file
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NIGERIA
Since December 2013, last amended in August 2019
Pillar Technical standards applied to ICT goods and online services |
Indicator Product screening and additional testing requirements
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
In 2013, the National Information Technology Development Agency (NITDA) released guidelines on Nigerian content development in information and communications technology, which were subsequently amended in 2019. These guidelines, applicable to both public sector entities and private enterprises, require multinational companies to provide verifiable documentation and execute affidavits concerning the origin, safety, source, and operational aspects of software being sold and deployed within Nigeria in order to "ascertain the full security of the product and protect national security" as well as to assure the full security of source code.
Coverage Horizontal
NIGERIA
Since January 2019
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Lawful Interception of Communications Regulations, 2019
In Nigeria, the law sets out the conditions for the interception of encrypted communications, including the power to require licensees to provide relevant security agencies with the key, code, or access to the protected or encrypted communication. Rule 9 of the Lawful Interception of Communications Regulations states that, notwithstanding any other law in force, no licensee shall provide any communications services which cannot be monitored and intercepted. Rule 10 of the Regulations stipulates that, when required by the Commission, the companies licensed have to install interception capabilities that allow or permit the interception of communications. Rule 16 states that a licensee failing to comply with the provisions of these Regulations shall be liable to a fine, or the commission may revoke the license.
Coverage Telecommunication sector
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 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...
