Sponsor: Senator Ned Munir Nwoko (Delta North)
BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:
- The Nigeria Data Protection Act, LFN, 2023 (in this Bill referred to as “the Principal Act”) is altered as set out hereunder:
- Section 5 of the Principal Act is altered by the addition of a new article P, which shall read:
“S, 5(p)The Commission shall mandate all data controllers, data processors, or operators of social media platforms to establish and maintain a physical office situated within the territorial boundaries of the Federal Republic of Nigeria. Failure to comply with this requirement for a continuous period of 30 days shall render the entity liable to a prohibition from conducting operations within the jurisdiction of Nigeria.” - Section 65 of the Principal Act is altered by the addition of new terms and their interpretations, which shall read:
““Data Controllers” means entities that determine the purposes and means of processing personal data and bear legal responsibility for compliance with data protection laws.
“Data Processors” means entities that process personal data on behalf of a data controller based on specific instructions and without autonomy over the purposes or means of processing.
“Operators of Social Media Platforms” means legal persons or entities responsible for owning, managing, or controlling digital platforms that facilitate user interaction, content sharing, or communication.
“Physical Office” means a fixed and operational business location within the Federal Republic of Nigeria, staffed and authorized to engage with regulators, stakeholders, and the public for the purpose of fulfilling legal and operational obligations.
“Social Media Platforms” means digital or online networks operated by legal entities that enable users to create, share, and interact with content, including text, images, videos, and other forms of communication, and facilitate public or private social interaction.”
EXPLANATORY MEMORANDUM
This Bill seeks to amend the Nigeria Data Protection Act, 2023, to mandate social media platforms, data controllers, and data processors operating within Nigeria to establish and maintain physical offices within the country’s territorial boundaries. The amendment aims to enhance the swift resolution of complaints, foster stakeholder confidence, ensure compliance with global best practices, and provide economic and security benefits to the nation.