Database

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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

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

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

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

NIGERIA

Since January 2004

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Nigeria is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

NIGERIA

Since December 1988, last amended in 2004

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright Act (Chapter 28, Laws of the Federation of Nigeria 2004)
Nigeria has a clear regime of copyright exceptions that follows the fair dealing model, which enables others to make the lawful use of copyrighted work. Section 6 of the Second Schedule of the Copyright Act lists the exceptions, which include research, private use, criticism or review or the reporting of current events subject to the condition that, if the use is public, it shall be accompanied by an acknowledgement of the title of the work and its authorship, except where the work is incidentally included in a broadcast.
Coverage Horizontal

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