A new bill requiring social media platforms, data controllers, and data processors operating in Nigeria to establish physical offices within the country has passed its first reading in the Senate.
The proposed legislation, titled “A Bill for an Act to Alter the Nigeria Data Protection Act, 2023, LFN, to Mandate the Establishment of Physical Offices within the Territorial Boundaries of the Federal Republic of Nigeria by Social Media Platforms and for Related Matters,” seeks to enhance compliance with global data protection standards and boost Nigeria’s economic and security landscape.
Speaking with the News Agency of Nigeria (NAN) on Thursday, Senator Ned Nwoko (PDP-Delta), who sponsored the bill said the amendment also aimed to enhance the swift resolution of complaints and foster stakeholder confidence.
Amendments to the NDPC Act
Senator Nwoko said he proposed in the bill that Section 5 of the NDPC Act 2023 be altered by the addition of a new article P.
“It shall read that 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’’, he said.
He further proposed that Section 65 of the Principal Act be altered by the addition of new terms and their interpretations.
“They shall read that Data Controllers means entities that determine the purposes and means of processing personal data and bear legal responsibility for compliance with data protection laws”, he said.
- He said Data Processors in the context of the bill meant 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.
- Nwoko said Physical Offices as referred to in the bill means a fixed and operational business location within the Federal Republic of Nigeria.
- He said they should be staffed and authorised to engage with regulators, stakeholders, and the public for the purpose of fulfilling legal and operational obligations.
“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,” he added.
What you should know
The amendment builds on the Nigeria Data Protection Act of 2023, which was signed into law by President Bola Tinubu in June last year. Africa.
- Requiring physical offices is expected to facilitate better oversight and interaction between social media platforms, users, and regulators, potentially reducing data-related disputes and enhancing accountability.
- If passed, this law could also foster job creation and investments in Nigeria, as companies will need to establish local infrastructure to comply with the regulations.
- The bill now moves to subsequent readings in the Senate, where it will be debated and refined further.
