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
Since January 2019
Pillar Domestic data policies |
Indicator Framework for data protection
Nigerian Data Protection Act, 2023
Nigeria Data Protection Regulation 2019
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.
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
Sources
- https://web.archive.org/web/20240207062905/https://ndpc.gov.ng/Files/Nigeria_Data_Protection_Act_2023.pdf
- https://web.archive.org/web/20230128054440/https://www.dataguidance.com/jurisdiction/nigeria
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=ng
- https://web.archive.org/web/20240920052245/https://www.dataguidance.com/sites/default/files/nigeriadataprotectionregulation11.pdf
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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
Sources
- https://web.archive.org/web/20220706015400/https://nitda.gov.ng/wp-content/uploads/2020/11/GNCFinale2211.pdf
- https://web.archive.org/web/20211204053055/https://iclg.com/practice-areas/digital-business-laws-and-regulations/nigeria
- https://web.archive.org/web/20201127142159/https://www.dlapiperintelligence.com/goingglobal/intellectual-property/index.html?t=trade-secrets
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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
Since June 2007
Since December 2007
Since December 2007
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act, 2007
Public Procurement Regulations for Goods and Works (2007)
Public Procurement Regulations for Goods and Works (2007)
Under the Public Procurement Act, 2007 (Section 34-3), margins of preference apply to tenders under international competitive bidding. These preferences include a local content margin, which can reach up to 15%, depending on the project. Additionally, Nigeria grants a preference to majority Nigerian-owned companies if their bid is within 15% of the price offered by a majority foreign-owned company. Section 106 of the Public Procurement Regulations for Goods and Works (2007) further specifies that, when comparing bids from foreign and national contractors, procuring entities may grant a preference to domestic bidders for goods manufactured in Nigeria. The Bureau of Public Procurement (BPP) periodically sets the margins of preference, which can be up to 15% for goods and 7.5% for works, based on the delivered price.
Coverage Horizontal
NIGERIA
Since May 2017
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Executive Order No. 003 of 2017 "On support for local contents in public procurement by the Federal Government"
Under Executive Order No. 003 of 2017, the Federal Government of Nigeria established that all Nigerian ministries, departments, and agencies are obliged to grant preferential treatment to locals in the public procurement processes. The Executive Order specifies that 'Made in Nigeria' products are given preferential treatment in all public procurement processes concerning several goods and services, including information and communication technology (ICT). According to the Order, "at least 40% of the procurement expenditure on these items in all [federal ministries] shall be locally manufactured goods or from local service providers".
Coverage Horizontal
NIGERIA
Since December 2013, last amended in August 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
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 the information and communications technology sector, with amendments introduced in 2019. These guidelines are applicable to both public sector entities and private enterprises. Section 9.4 (1) stipulates that ministries and government agencies must source and procure 40% of computer hardware and related devices exclusively from Original Design Manufacturers (ODMs) or Original Equipment Manufacturers (OEMs) approved by NITDA.
Coverage ICT hardware
NIGERIA
Since December 2013, last amended in August 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
Section 13.2 of the Guidelines for Nigerian Content Development in Information and Communications Technology (ICT) mandates that all Ministries, Departments, and Agencies (MDAs) ensure that sovereign data is hosted locally on servers within Nigeria. Additionally, MDAs are required to implement system logs and other computer data logging technologies to facilitate effective troubleshooting and forensic investigations within government systems.
Coverage Government data
Sources
- https://web.archive.org/web/20240317054754/https://nitda.gov.ng/wp-content/uploads/2020/11/GNCFinale2211.pdf
- https://web.archive.org/web/20211204053055/https://iclg.com/practice-areas/digital-business-laws-and-regulations/nigeria
- https://web.archive.org/web/20201129214959/https://www.uubo.org/media/1795/data-localization-laws-nigeria-w-022-1015.pdf
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NIGERIA
Reported in 2016, last reported in 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Local content requirements and lack of transparency in government procurement
It is reported that foreign companies may be subject to local content or other localisation requirement (e.g., partnership with a local partner firm or joining a consortium). Also, companies have expressed concerns about corruption and lack of transparency in procurement processes.
Coverage Horizontal
NIGERIA
Reported in 2021, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
High thresholds for international competitive tenders
Nigeria mandates that government entities must engage in competitive bidding for procurements exceeding NGN 2.5 million (approximately USD 5,747). For contracts above this threshold but below NGN 100 million (approximately USD 229,885) for goods and NGN 1 billion (approximately USD 2.3 million) for services and works, only Nigerian-owned companies are eligible to bid. For procurements exceeding these amounts, both Nigerian and foreign-owned companies are allowed to participate in the competitive bidding process. However, it's important to note that this specific bidding requirement is not explicitly stated in regulatory texts.
Coverage Horizontal
NIGERIA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Nigeria is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
NIGERIA
Since January 1995
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Nigerian Investment Promotion Commission Act, 1995
In 1995, the Nigerian Investment Promotion Commission Act opened all sectors to foreign participation. It allows for full foreign ownership of firms in all but the petroleum sector, where investment is limited to existing joint ventures or new production-sharing agreements.
Coverage Horizontal
Sources
NIGERIA
Since December 1971
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patents and Designs Act (Chapter 344, Laws of the Federation of Nigeria 1990)
The main statute that governs patent law in Nigeria is the Patents and Designs Act. Section 3.1 of the Patents and Designs Act requires that foreign applicants have an address for service in Nigeria. It is also reported that foreign applicants must perform patent prosecution through a registered Nigerian Patent Attorney.
Coverage Horizontal
Sources
- https://wipolex.wipo.int/en/legislation/details/5414
- https://web.archive.org/web/20230130114016/https://www.ip-coster.com/IPGuides/patent-nigeria
- https://web.archive.org/web/20231206115844/https://www.mondaq.com/nigeria/trademark/1112730/intellectual-property-in-nigeria-a-summary-of-protectable-rights-in-nigeria
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