Nigeria NDPR vs Europe GDPR : Key Similarities & Differences

What is NDPR & GDPR

In an era where data drives business and technological advancements, data privacy has become a paramount concern for individuals and organizations alike. Two significant data protection regulations that have garnered global attention are the General Data Protection Regulation (GDPR) and the Nigerian Data Protection Regulation (NDPR). In this blog, we’ll explore the key differences and similarities between these two NDPR Vs GDPR regulations, shedding light on their impact on data privacy in Europe and Nigeria.

Understanding GDPR

The GDPR, which came into effect in May 2018, is a comprehensive data protection regulation applicable to the European Union (EU) and European Economic Area (EEA) countries. Its primary goal is to give individuals more control over their personal data while placing specific responsibilities on organizations that collect, process, or store this data. Exploring GDPR in Nigeria, one finds that although the European regulation doesn’t directly apply, the nation has established NDPR to address and regulate data protection practices locally.

Understanding NDPR

The Nigerian Data Protection Regulation, enacted in January 2019, is Nigeria’s response to the growing need for data protection. It’s inspired by GDPR but tailored to Nigeria’s specific legal and business landscape. NDPR in Nigeria sets forth robust data protection regulations, ensuring a secure framework for handling personal information within the country.

NDPR vs GDPR : Key Differences

Let’s now see the difference between the Applicability of NDPR & GDPR In Nigeria.

Geographical Scope

GDPR has a broader geographical scope, while NDPR primarily focuses on Nigeria but also applies to international entities processing Nigerian data.

Individuals Protected

The NDPR applies to all Nigerian citizens residing in or outside Nigeria.
The GDPR applies to any individual or person who is a resident in the EU or EU citizens.

Data Processing Records

It is not mandatory for data controller or the processor to maintain a record of processing activities under NDPR.
Data controllers and data processors have an obligation to maintain a record of processing activities under GDPR.

Data Transfers

GDPR has specific rules for transferring data outside the EU/EEA, whereas NDPR doesn’t address this in the same detail.

NDPR vs GDPR Similarities

ConsentBoth regulations emphasize clear and affirmative consent for data processing.

Consumer AccessData Access in the primary right granted to all the data subjects, individuals in all the data privacy regulations across the world. Both NDPR and GDPR equally realizes its importance.

Personal DataBoth the regulations define Personal data as 'any information relating to an identified or identifiable natural person (Data Subject)'. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier.

Data Subject RightsAll the data subject rights granted under NDPR are already covered by GDPR under its eight fundamental rights.

Similar But in Different Ways

Data Protection Officers

Privacy officers are must for NDPR as well as GDPR compliance.

Under NDPR, it is mandatory for every controller to appoint a DPO but does not specify any requirement for processors to appoint a DPO.

GDPR outlines specific situations when a DPO is required.

Legal Basis for Processing Data

Both NDPR and GDPR provides few legal bases for processing.

There are six lawful bases recognized under NDPR which can be used by the data controller as justification for using a data subject’s information.

The GDPR outlines six lawful bases for processing the data, one of which must be used as justification for using a data subject’s information.

Reporting data breaches

Both NDPR and GDPR requires the data breaches to be reported.

No specific timeframe mentioned for notification of data breach. Also, it is not mandatory for data controllers to notify the supervisory authority.

Under GDPR, an organization has 72 hours period to report a data breach.

Damages / Fines

Here’s how NDPR and GDPR fees for damages differ.

The NDPR outlines that depending on the violation, a penalty may be up to:
For data subjects greater than 10,000: 2% of annual gross revenue of the preceding year or payment of the sum of NGN 10 million (approx. €25,000), whichever is greater.

For data subjects fewer than 10,000: payment of a fine of 1% of the annual gross revenue of the preceding year or payment of the sum of NGN 2 million (approx. €5,000) whichever is greater.

GDPR fines €20 million or 4% of annual global revenue, whichever is higher for grave violations.

Six lawful bases of processing for NDPR:

Performance of a contract
Legitimate interest
Consent
Public interest
Vital interest
Legal obligation

Six lawful bases of processing for GDPR:

Consent
Contractual necessity
Compliance of legal obligation
Necessary to protect vital interest of data subjects
Public interest
Legitimate interest pursued by the controller or by a third party

Nigeria's Data Protection Law in 2023

As the regulatory landscape evolves, organizations should stay informed about amendments to the Nigeria Data Protection Law in 2023 and any updates to the Nigerian Data Protection Act 2023. Compliance with these changes will be essential to maintain data protection standards.

Implications for NDPR Compliance

For Nigerian organizations, ensuring NDPR compliance is crucial. This involves appointing a NDPR compliance officer, conducting data protection assessments, and implementing appropriate safeguards for personal data. Consider using NDPR compliance software to streamline these efforts and meet the requirements of the Nigeria Data Protection Regulation.

Conclusion

In conclusion, while GDPR and NDPR share common goals of safeguarding individuals’ data privacy, they have distinct scopes and approaches due to their regional and legal contexts. Organizations must understand and adhere to the specific regulations that apply to their operations to ensure compliance and protect the privacy of data subjects. Whether you’re operating within the EU/EEA or Nigeria, data privacy is a fundamental right that demands careful attention and adherence to the relevant data protection regulations.

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