Nigeria
West Africa
Nigeria operates one of Africa's most developed and closely watched data protection regimes, and its trajectory is the clearest example of legislative evolution on the continent. The current primary instrument is the Nigeria Data Protection Act, 2023 (NDPA), signed into law on 12 June 2023 and in force from that date, which placed data protection on a primary-legislation footing for the first time. The NDPA applies to controllers and processors domiciled, resident, or operating in Nigeria, and extends extraterritorially to anyone processing the personal data of individuals in Nigeria, so foreign companies with Nigerian users must comply. It recognises six lawful bases, imposes heightened conditions on sensitive data, requires registration and annual audits (through licensed Data Protection Compliance Organisations) for controllers "of major importance," mandates DPIAs for high-risk processing, grants the full suite of data-subject rights, requires breach notification to the regulator within 72 hours, and provides administrative fines of up to 2% of annual global gross revenue. The NDPA superseded the Nigeria Data Protection Regulation, 2019 (NDPR), a subsidiary regulation issued by NITDA under the NITDA Act that had been Nigeria's first substantive data protection instrument, notable for its DPCO-led annual-audit mechanism. The NDPA absorbed and elevated that model into statute, and ATLPF holds both instruments, giving a clear before-and-after legislative history that few jurisdictions on the continent can match. Enforcement rests with the Nigeria Data Protection Commission (NDPC), an independent statutory authority that replaced the former Nigeria Data Protection Bureau and is empowered to register controllers and processors, issue regulations, investigate complaints, conduct audits, and impose sanctions. With two documented instruments (a superseded predecessor and an in-force Act) and an active named regulator, Nigeria is among the best-documented and most mature regimes in West Africa and on the continent.
| Topic | Instruments | Cases | Coverage |
|---|---|---|---|
| Data Protection | 6 | 3 | ● |
| AI Governance | 1 | 0 | ◐ |
| Fintech | 10 | 2 | ● |
| Cybercrime | 1 | 1 | ● |
| Digital Rights | 4 | 3 | ● |
| Platform Liability | 0 | 2 | ◐ |
| Telecoms | 1 | 0 | ◐ |
● Covered ◐ Partially covered ○ Not yet covered
Constitution of the Federal Republic of Nigeria, 1999, Section 37 (Right to Privacy, including correspondence and communications)
Enacted 5 May 1999
Freedom of Information Act, 2011
Enacted 28 May 2011
Lawful Interception of Communications Regulations, 2019
Enacted 23 Jan 2019
Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015
Enacted 15 May 2015
Operational Guidelines for Open Banking in Nigeria
Enacted 7 Mar 2023
Framework for Regulatory Sandbox Operations
Enacted 12 Jan 2021
Framework and Guidelines on Mobile Money Services in Nigeria
Enacted 9 Jul 2021
Guidelines on New License Categorization for the Nigerian Payment System
Enacted 9 Dec 2020
Regulatory Framework for Open Banking in Nigeria
Enacted 17 Feb 2021
Regulatory Guidelines on the eNaira
Enacted 25 Oct 2021
Guidelines for Licensing and Regulation of Payment Service Banks in Nigeria
Enacted 27 Aug 2020
Guidelines on the Operations of Bank Accounts for Virtual Assets Service Providers
Enacted 22 Dec 2023
Guidelines for the Operations of Agent Banking in Nigeria
Enacted 6 Oct 2025
National Artificial Intelligence Strategy (NAIS)
Enacted 2 Aug 2024
Nigeria Data Protection Regulation, 2019
Enacted 25 Jan 2019
Nigeria Data Protection Act, 2023
Enacted 12 Jun 2023
Central Bank of Nigeria
ECOWAS Community Court of Justice
Decided 25 Mar 2022
ECOWAS Community Court of Justice
Decided 14 Jul 2022
Nigeria Data Protection Commission
Decided 21 Aug 2024
Court of Appeal of Nigeria
Decided 24 Sept 2021
Competition and Consumer Protection Tribunal
Decided 25 Apr 2025
Subsidiary regulations and guidance issued under the NDPA continue to develop; ATLPF holds the Act and its NDPR predecessor but not the full body of NDPC subsidiary instruments. The DPCO-led audit model also concentrates compliance infrastructure in licensed intermediaries.