Top 12 GDPR requirements you must know in 2024
Top 12 GDPR requirements you must know in 2024 Towards the early 2000s, the European Union realised the need to regulate data protection and security. Although some other factors were involved, the fast rise of the internet became the final push for a data protection regulation. This brought about the implementation of the GDPR. On May 25, 2018, the General Data Protection Regulation (GDPR) came into existence. The main goal of the GDPR is to give data subjects (owners of data) more control and protection over how their data is collected, processed, used, and stored by organisations. An important point to note is that the GDPR applies to every organisation that operates in the EU or handles data belonging to an EU citizen, wherever they are. Now, there are several GDPR requirements for organisations, and this article provides a summary of them. Lawful, fair, and transparent processing Shouldn’t be hard, right? Yes, it sounds straightforward, but according to IT Governance UK, it’s the most violated GDPR requirement. Article 5 of the GDPR mandates every organisation handling data to have a legal reason to do so. Meaning, you can’t collect, process, and store personal information for any random purpose. To know if your processing is lawful, check it against the GDPR’s lawful basis for processing. For data processing transparency, you should communicate clearly your ways of processing, in addition to the lawful reasons, to the data subjects. For this, you should make privacy notices and ensure data owners have easy access to it. Purpose limitation This requirement addresses another issue. With this, every organisation can process data for the lawful purpose clearly stated ONLY. This means that you cannot process collected data for reasons beyond the initial purpose. Data minimisation Isn’t it better to collect all the data you can get from each subject in one go? While it sounds reasonable, the GDPR kicks against it. You can only collect data necessary for the stated purpose. For instance, in research for the average height of males, the HIV/AIDS status of the subject isn’t needed. As such, you shouldn’t collect it. Accuracy No organisation should keep or process incorrect data. As such, data accuracy under the GDPR is mandated and effective immediately upon discovery. Storage limitation There‘s a limit to how long an organisation’s keep data after processing. Of course, there are unique timeframes for each type of data. In summary, data retention under the GDPR cannot be longer than necessary. Integrity and confidentiality The GDPR states that organisations must implement technical measures to ensure data security. Such methods include encryption, data masking, etc. Accountability Yes, the GDPR requires absolute compliance by organizations. And so they have to show proof of their compliance. Struggling with GDPR compliance? Contact Johan’s Consult now for a free 1-1 consultation.Data Subject Rights Since the goal of the data protection regulation is to give subjects more control, it makes sense that there are GDPR rights for individuals. The right to be informed Entities (organisations) must tell individuals what data is collected, how it’ll be processed, and the purpose. And these must be communicated clearly in plain language. Right to rectification Should the data subject discover any inaccuracies in its data, he/she can request that the organisation correct it. Now, the organisation has a month to rectify the inaccuracy. But there are exceptions. The right to access An individual can demand a copy of his/her personal data. Once the individual submits DSARS (data subjects access requests), the organisation has one month to oblige the request. Right to erasure Under certain circumstances, individuals can ask organisations to delete their data permanently. For example, cases of unlawful processing and when the data is no longer necessary. Right to data portability Individuals can obtain and reuse their personal data for personal reasons. This right is for data given to the organisation through contract or consent. The right to object When organisations want to process data for lawful reasons, they give subjects the right to object to the processing. Unless they have valid reasons not to, organisations must stop processing when individuals exercise this right. Want to learn how to write a GDPR-compliant consent statement? Click here. Privacy by design This concept has been around for awhile. Although it used to be a best practice for data protection, the GDPR mandates it for every organisation. This requirement mandates organisations to implement technical and organisational measures to ensure data protection and Use security measures to implement the GDPR principles. To help you track your compliance journey, make use of this checklist. Data transfers In the event that an organisation needs to transfer data between borders, the GDPR requires additional steps. However, if you’re moving data within the EU, you’re exempt from extra requirements. For data transfers with third-party countries—outside the EU—Article 46 outlines protection steps. Basically, this situation’ll need an SCC (standard contractual clauses). An SCC is used for data transfers between an EU country and a third-party country. Data protection impact assessment A DPIA (Data Protection Impact Assessment) helps organisations identify and reduce risks associated with data processing. It’s required in situations where sensitive information or data of vulnerable persons’ is processed. Article 35 of the GDPR speaks on the concept of DPIA and states that it is required where data processing “is likely to result in a high risk to rights and freedom of natural persons.”. The regulation does not explicitly define high risk, but it generally refers to the use of: systematic and extensive profiling; Special category or criminal offence data on a large scale; and Systematic monitoringof publicly accessible places on a large scale For a better grip on GDPR compliance, you can use GDPR compliance software. Data protection officer A DPO (Data Protection Officer) is an individual trained in the technicalities of data protection who helps organisations with data protection in compliance with data protection regulations. Article 39 explains the roles of a data protection officer (DPO). highlights include: advising and training staff on their data protection responsibilities; Monitoring the organisation’s data protection policies and procedures; Overseeing
7 GDPR Compliance Software You Need For 2025
Facts first, Data is important. In fact, it’s a necessary part of every organisation, large or small. In today’s world, almost every nation and industry has established regulations for data protection and security. To prevent landing on the wrong side of such laws, you need to ensure 100% compliance.In this blog, you can expect a brief overview of the GDPR and top GDPR compliance software you’ll definitely need in 2025. Quick Recap: What’s the GDPR? The General Data Protection Regulation came into existence in 2018 and has since earned its reputation. It is by far the most respected data protection regulation in the world. As a matter of fact, it served as the template for most of the data protection laws around the world. For instance, the NDPA holds several similarities with the GDPR so much that the major difference between the two is the scope of application. The General Data Protection Regulation (GDPR) mandates organisations that fall under the following categories to have absolute compliance. operating in the EU. handling data of an EU citizen (no matter where it’s located) has a branch in the EU Does the GDPR apply to your organization? Find out at Johans Consults. The 7 GDPR principles At the core of the GDPR, there are 7 principles every company needs to follow. They are; Integrity and confidentiality You must employ every means necessary to protect data from unauthorised access, processing, damage, or accidental loss. So, you need a reliable data security system. Lawfulness, Fairness, and Transparency You cannot collect data for just any reason. So, whatever purpose you have must be lawful. Also, the data collection process must be transparent and legal. For instance, you cannot buy personal information from a third party. You need to get the data directly from the data subject itself. Also, you MUST tell the data owner the reason for the collection. Note: This reason must be stated clearly. Know how to write a GDPR consent statement. Purpose Limitation. As an organisation, you can’t just collect data for one reason and process it for several others. Once you’ve used the data for the purposes stated beforehand, you cannot make use of it. again. Although, if the need arises, you should inform the data subjects and seek their consent again. Data Minimisation This principle states that you cannot keep every single piece of information you collect. For example, when you collect data through the filling of forms, you’re mandated to keep the ones important to the cause only. The Ultimate GDPR Compliance Checklist for you Accuracy Your organisation must not store incorrect information. Every inaccuracy must be corrected with immediate effect. Accountability The GDPR holds every organisation accountable for what they do with users’ data and its safety. Also, you need to prove your compliance with the data protection regulation through proper records. Storage Limitation You can only keep data for a limited period of time. The duration depends on the type of data and its sensitivity. For example, you can store financial data for up to 6 years, but health-related data is more limited. Learn about the Top 12 GDPR Requirements. So, What is GDPR Compliance Software? Now that you understand the basics of the GDPR, you must know that compliance isn’t an easy task. Often times, a lot of organisations don’t even know where to begin. Neither do they know how to achieve maximum compliance. That’s where GDPR compliance software comes in. These softwares are the several tools that assist businesses towards GDPR compliance. Today, these tools come with different functionalities. Some simply record compliance activity, while the advanced others provide audits, reports on data breaches, consent management, and find weaknesses in your compliance strategy using gap analysis. To narrow down your search, we’ve compiled the top GDPR compliance software for you. Microsoft Purview Compliance Manager This is great GDPR compliance software made for Microsoft365 users. To use it, you’ll need An Office 365 E5 license. The features include; Ability to conduct several assessments Ability to identify and protect sensitive data Protects against unauthorised access Implements data minimisation and storage limitations Protects against accidental disclosure Classifies data based on the level of sensitivity Deletes data after a specified period of time Netwrix Netwrix supports organisations with GDPR compliance through its Auditor and related tools. Here are some of its remarkable features. Data Discovery and Classification: Netwrix finds, classifies, and protects sensitive personal data in accordance with the GDPR. Also, it scans on-premises and cloud-based systems to pinpoint where personal data is stored and ensures that there are controls to secure it. Security of Processing: Netwrix provides a clear picture of how data is accessed and shared. By monitoring user behaviour and detecting unauthorised access, it ensures secure personal data processing. Breach Notification: Netwrix is GDPR compliance software with data breach alerts. The software aids in quick detection of data breaches by reporting them. Audit and Reporting: Netwrix Auditor provides detailed auditing and reporting capabilities. This includes logs of data access, data modification, and user activities, which are crucial for demonstrating accountability. Not sure if you’re compliant with the GDPR? Contact us at Johans Consults for a detailed assessment. TrustArc This here is complete with all GDPR-oriented solutions to help every business plan, implement and even update their GDPR compliance practices. It’s main functions are: Reporting to regulator Monitoring compliance And recording processed activities. Snow software Snow Software is a GDPR risk assessment solution available on cloud, mobile, or on-premise. Below are some of its remarkable features. GDPR Risk Assessment: Snow Software identifies applications and devices that handle personal data and notes those with weak protections, e.g., encryption or anti-virus. Continuous Monitoring and Reporting: Snow’s solution keeps constant analysis of applications that process personal data and generates reports to help mitigate risks. Internal Threat Mitigation: The software focuses on reducing internal threats, such as corrupt employee actions and unsecure applications. To do so, the software flags risky devices and users. Comprehensive Asset Management: Snow also offers broad IT asset management features like license compliance tracking and software usage meters. So, you
GDPR Compliance in Nigeria: Is It Necessary?
The General Data Protection Regulation (GDPR) has seen a significant turning point for data protection and privacy worldwide. As Nigeria’s tech industry continues to grow, the question arises: is GDPR compliance in Nigeria necessary for the country’s current level of digital development? In this article, we’ll explore the implications of GDPR compliance for Nigeria. We’ll also try to discuss its benefits and if it’s necessary for the country’s current digital stage. What is GDPR Compliance? GDPR (General Data Protection Regulation) compliance refers to the adherence to a set of regulations established by the European Union (EU). These regulations help to protect the personal data and privacy of individuals within the EU. The GDPR aims to give individuals control over their personal data and to simplify the regulatory environment for businesses. Brief Overview of Nigeria’s Tech Industry Nigeria is quickly becoming a digital country. Currently, more people are using the internet and mobile phones, leading to an increase in online activities like shopping and digital payments. The country is also home to many new tech companies and innovation centers. However, Nigeria’s digital growth faces some challenges. For example, not enough people have access to reliable electricity or internet connection. There is also a shortage of skilled workers in areas like data protection and online security. Additionally, the country’s laws and regulations around data protection need to be stronger and clearer. To address these challenges, Nigeria has established strategies to boost digital growth. The government has created policies to promote a tech industry that benefits the country. Nigeria has also established rules to protect people’s personal information and build trust in the tech industry. Despite these efforts, the country’s digital industry is still evolving. As Nigeria continues to grow digitally, it needs to focus on protecting people’s data and improving infrastructure. Local skills are also needed to ensure sustainable growth and development. How Does GDPR Compliance in Nigeria Affect Businesses? GDPR compliance in Nigeria poses significant challenges for businesses operating in the country. Some common effects GDPR has on Nigerian businesses include: Aside from the positive effects GDPR has on Nigeria’s businesses, there are some challenges certain businesses face: Nigeria’s Data Protection Act Vs GDPR Compliance Nigeria’s Data Protection Act and GDPR compliance in Nigeria serve the same purpose— protecting personal data. However, they differ in scope and application. The Data Protection Act, tailored for Nigeria, applies to all organizations processing Nigerian personal data. On the other hand, GDPR compliance in Nigeria is tailored for organizations with EU ties or processing EU citizens’ data. While the Data Protection Act provides a foundation, GDPR compliance in Nigeria offers more stringent rules. This benefits organizations with international dealings. Both data protection acts are important. However, GDPR compliance in Nigeria is more important for businesses with global connections. This is to ensure they meet international data protection standards. Is GDPR Compliance in Nigeria Necessary? Following GDPR rules has its advantages, but is it the right fit for Nigeria? The country’s digital growth is at an early stage, with limited internet access and few experts. Rather than trying to follow GDPR regulations, a simpler approach to protecting personal data might be more effective. To better protect data, Nigeria should focus on building its digital infrastructure. It should also focus on developing local skills, and strengthening data protection laws. We suggest that Nigeria sticks to its NDPR as that is a better fit for its specific needs and stage of digital growth. By doing so, the country can prioritize what matters most to its citizens and businesses. How To Implement GDPR Compliance in Nigeria As A Business Being a GDPR complaint as a business can sometimes be overwhelming. However, it should be taken one step at a time. As a business looking to be GDPR compliant, you’d have to check what personal data you handle and see if your company is at risk. Next, you have to create a plan to protect data, choose a person to oversee data protection and set up a team. Furthermore, it’s important to respect individuals’ rights and have a plan for data breaches. To effectively follow compliance rules, you have to train employees and regularly check compliance. By following a simple GDPR compliance checklist, your business can easily adapt to GDPR rules and protect personal data effectively. Government Role in Supporting GDPR Compliance in Nigeria For Nigerian businesses to successfully implement GDPR compliance in Nigeria, the government and policymakers have an important role to play. Here’s how they can help: 1. Provide Clear Guidance and Resources on GDPR Compliance in Nigeria This would go a long way in helping businesses understand what’s required of them. It could include workshops, webinars, and online resources. These resources should clearly explain GDPR principles in a Nigerian context. 2. Offer Training and Capacity-building programs The government can help businesses develop the necessary skills to implement GDPR compliance in Nigeria. This could include funding for training programs or partnerships with international organizations. The training should showcase expertise on GDPR compliance. 3. Establish a Regulatory Sandbox A regulatory sandbox would allow businesses to test new data protection solutions without fear of regulatory backlash. This would enable them to navigate GDPR compliance in Nigeria more effectively. Furthermore, establishing a regulatory sandbox can encourage innovation. It can also help businesses find practical solutions to GDPR compliance challenges. 4. Facilitate Collaboration Between Businesses, Regulators, and Experts Policymakers could collaborate with businesses to host events where they share best practices and expertise on GDPR compliance in Nigeria. These events could include regular forums or working groups where businesses can share their experiences and learn from each other. 5. Review and Update Nigeria’s Data Protection Laws To ensure alignment with GDPR principles, the government can provide a solid foundation for businesses to build on. This would ensure they meet the requirements for GDPR compliance in Nigeria. This would also help to avoid confusion and inconsistencies between local and international regulations. Final Thoughts on The question of whether GDPR compliance in
The GDPR Compliance Requirements Checklist.
GDPR compliance is not a foreign concept. But, many organizations do not know what GDPR is, nor do they know how to comply. Compliance with the GDPR should not be regarded as just a legal obligation. Considering that 47% of users have changed providers due to data privacy concerns, it’s also a perfect growth strategy for all businesses. This article contains an overview of the GDPR and a 9-step GDPR compliance checklist. GDPR Overview As the digital era approaches its peak, the value of data has become immeasurable. Businesses of all scales and types now depend heavily on the use of data. From marketing and research intents to sizing up the competition, data has deeply ingrained itself into the global setting. As a result, data protection—from accidental loss or compromise and cyberattacks—became paramount. What Is The GDPR? The GDPR stands for General Data Protection Regulation. It’s the European Union’s effort towards personal data protection of its citizens. Enacted in 2018, it grants individuals (data subjects) control over their personal data and holds organizations accountable for data protection. GDPR compliance benefits are numerous. First, you avoid the hefty penalties imposed. Yes, there are penalties for non-compliance with the GDPR. In fact, as of 1 March 2024, a total of 2,086 fines (+510 in comparison to the GDPR Enforcement Tracker Report 2023) have been recorded. Next, it fosters brand trust and attracts more clients from the EU, which is impressive. Basic Requirements of the GDPR The GDPR requires certain actions from organisations or data handlers towards data protection. These requirements are referred to as the principles of the GDPR. alternatively called the principles of data protection, it is necessary to know these principles to achieve maximum GDPR compliance. Companies processing personal data: Must be transparent about the whole process. Must do so for legitimate and clear reasons We must not collect more data than is necessary. Relative to the purpose of data processing Must make sure collected data is accurate and correct all inaccuracies immediately. Must keep data for as long as necessary. Must protect data from unlawful access and processing. Must be able to show their compliance with the GDPR. Aside these basic principles, some other GDPR requirements exist, such as; Data subject rights, risk assessments for data protection, and consent. The GDPR principles are a large part of the GDPR compliance checklist. Who Does the GDPR Apply To? The GDPR applies to every organization that processes personal data belonging to EU citizens and residents. The organization doesn’t have to be in the EU; it can be anywhere in the world. For example, a healthcare centre in Africa is subject to the GDPR when it treats an EU citizen. The same goes for online businesses, as they can’t know for sure the location of their clients. Who Is Responsible for GDPR Compliance? For GDPR compliance, there a “data controller vs. processor” tug of war going on. While both data controllers and processors have obligations to data protection, the controller is held responsible for GDPR compliance. Comprehensive GDPR Compliance Checklist According to Cybersecurity Ventures, the global annual cost of cybercrime is predicted to reach $9.5 trillion in 2024 and $10.5 trillion by 2025. This is enough motivation for you to tighten data protection in your organization. While you might feel invisible as an SME, you aren’t off the radar. In Nigeria, for example, SMEs were majorly hit by cyberattacks in 2022. To reduce the chances of your organisation falling victim, you should consider GDPR compliance. How? Here’s a comprehensive GDPR compliance checklist to help you get started. Step 1: Know Your Data. You can’t fight what you don’t know, can you? Of course not. Likewise, data protection. As an organisation, take a step back and understand what you aim to protect. With this, you can find the best protection measures. What data are you collecting? What category does it fall under? How sensitive is it? Step 2: Practice safe data collection procedures. When it comes to GDPR compliance, the best foundation is built on data collection best practices. Per the GDPR principles, ensure you communicate the precise purpose of the data processing. Consent is another box to tick. Although you have communicated the purpose with the data subjects, sometimes data processing can only happen with their full consent. So, explain how the data will be used and stored. Obtain explicit consent (make use of forms and checkboxes, not pre-ticked) when necessary. Keep records of the consent. It’ll serve as evidence of compliance. Better still, implement a capable privacy consent management system in place. You need to know that the GDPR has its own standard for valid consent. So learn how to write a GDPR consent statement. Step 3: Facilitate data subject rights. The GDPR gives data subjects certain rights, which are: Right to be informed: this is in line with step 2 above. Ensure you communicate the data processing procedure. Right of access: be ready; at any time, data subjects can request a copy of their personal data. Also ask for information to help understand what you’re doing with their data. Right to erasure: data subjects can request that their personal data be erased. Terms and conditions apply here, though. Rectification rights: individuals have a right to have inaccurate data corrected. Right to restrict processing: under the GDPR, individuals can limit how an organization uses their data. Objection to processing: data subjects have the right, under the GDPR, to stop controllers from processing their data. Data portability: Individuals have the right to obtain the personal data they have supplied to a controller in a structured, widely used, and machine-readable format. Also, they can ask the controller to transfer this data directly to another controller. Automated decision-making rights: Individuals have the right not to be subjected to decisions that rely entirely on automated processing (including profiling) and that have legal consequences for them. This part is very important to tick “done” on the GDPR compliance checklist. Step 4: Appoint a DPO Article 37 of the General Data Protection Regulation (GDPR) mandates the appointment
GDPR Compliance for SMEs: Best Checklist For All SMEs
GDPR compliance for SMEs can be tough, but it’s essential. As an IT consultant firm, we’ve seen how hard it can be to understand and follow the rules. However, we believe that any small business can achieve GDPR compliance with the right help. GDPR compliance for SMEs is crucial to avoid fines and build customer trust. In this article, we’ll share our expertise to make GDPR compliance easier for you. We’ll provide a simple, step-by-step guide to help you master the rules and achieve compliance. What is GDPR Compliance Checklist? GDPR compliance for SMEs is a guide used to ensure that an organization meets the requirements of the General Data Protection Regulation. It outlines the tasks and procedures needed to achieve GDPR compliance. Is GDPR Compliance for SMEs Important? You might think being GDPR compliant isn’t necessary for a small business. Well, that’s not true. If you’re a small business in the EU or handle the personal data of EU citizens, then you must be GDPR compliant. As an SME, you’d need to employ a data protection officer if your main business is processing personal data. SMEs often have limited resources, which might seem like a justifiable reason for not achieving GDPR compliance. Trust us, the consequences of non-compliance can be devastating. You’ll have to pay fines of up to €20 million or 4% of global turnover. Moreover, GDPR compliance demonstrates a commitment to data protection. It helps you build trust with customers and clients and enhances your reputation. Data protection is critical to business operations, and SMEs must prioritize GDPR compliance to avoid risks. This is to ensure business continuity and drive success. How to Be GDPR Compliant: GDPR Compliance for SMEs Checklist As we’ve earlier said, as long as you store data or use it, you must be GDPR compliant. Follow the checklist below to ensure you keep to your GDPR responsibilities: 1. Conduct a Data Audit Regarding GDPR compliance for SMEs, we think the best place to start is with a data audit. Essentially, you’re just taking stock of what personal data you’re collecting, storing, and processing. It’s a straightforward process, but it’s crucial to get it right. As a business, you need to understand what data you have, why you have it, and how you’re protecting it. From there, you can start making adjustments to ensure you’re meeting GDPR compliance requirements. It’s not a complicated process, but it does require some effort upfront. 2. Employ A Data Protection Officer(If Required) If you’re a small business with less than 250 employees and you don’t process individual data. If your business isn’t focused on processing personal data, then you don’t have to hire a DPO. However, if you process individual data, then you need to hire a DPO. You can simply nominate any of your staff to be responsible for data. This means that the individual chosen will ensure that your business is GDPR compliant. They should be responsible for conducting regular data audits and also stay up-to-date on GDPR compliance requirements. This will prevent your business from getting left behind. Furthermore, by appointing someone to this role, you’re sending your customers, employees, and partners a clear message that you take data protection seriously. 3. Review Data Sharing With Third Parties When it comes to sharing data with third parties, it’s essential to be cautious. You need to make sure that any third-party vendors or partners you work with are also GDPR compliant. Don’t assume they are—verify their credentials and monitor their activities. You can also review your contracts with third parties and ensure they include data protection clauses. This will help you maintain control over your data and ensure it’s being handled correctly. Remember, you’re responsible for ensuring third parties comply with GDPR, so don’t outsource your compliance obligations. 4. Implement Data Protection Policies Clear data protection policies are essential when it comes to GDPR compliance for SMEs. The policies should outline how you collect, store, and process personal data. Also, state the procedures for data breaches and subject access requests. When creating your policy, make sure your policies are easy to understand and accessible to all employees. Review and update them regularly to reflect changes in your data processing activities. Remember to include procedures for data retention, data sharing, and data subject rights. By having strong policies in place, you’ll be able to demonstrate your commitment to GDPR compliance. 5. Ensure Data Subject Rights Your customers have rights under GDPR, and it’s your job to respect them. Make sure you’re providing easy access to data subject rights. These rights include the right to access, rectify, erase, and restrict the processing of personal data. Additionally, you have to respond to requests promptly and efficiently and don’t charge for requests unless they’re excessive. Furthermore, be clear and transparent about how you’re processing personal data and provide easy access to data subject rights. 6. Provide Regular GDPR Training for Employees Your employees are your front line in data protection, so ensure they have the knowledge and resources they need to succeed. Provide regular GDPR training sessions, and make sure they’re engaging and interactive. Don’t just focus on compliance— emphasize the importance of data protection in building customer trust. Encourage employees to ask questions and report any data protection concerns. What Are The GDPR Compliance Challenges SMEs Face? As an SME looking to be GDPR compliant, you might face unique challenges. Here are some common obstacles to watch out for: 1. Limited Resources SMEs often have limited budgets and personnel. This makes it difficult to dedicate resources to GDPR compliance. However, this doesn’t mean you can’t achieve compliance. All you need to do is prioritize your efforts, focus on high-risk areas, and seek cost-effective solutions. 2. Complexity of GDPR GDPR can seem overwhelming, especially for SMEs without dedicated compliance teams. To make things easy, you can break down the regulation into manageable tasks. You can also seek guidance from experts or online resources. 3. Employee Buy-in Getting employees on
Steps To Compliance With The Nigerian Data Protection Regulation
Through the ages, information has always been a weapon, especially in the world of business. Organisations use consumer data to understand their stance, analyse competitors, and tailor their marketing efforts. So, where does NDPR compliance come in? Without the regulation of personal data, modern society could be at risk. Consider this: how do pharmaceutical companies identify public health needs? Consumer data is key. However valuable personal information may be, for reasons it also faces risks of being misused and exposed to dangers such as unauthorised access loss and compromise, which can have serious outcomes, like fraud impersonations and targeted assaults. The Nigerian Data Protection Regulation (NDPR) was introduced in 2019 as a measure to ensure the security of information in Nigeria’s landscape; however, with the continuous advancements in technology and emerging threats, the call for more robust and extensive regulations on safeguarding personal data became increasingly apparent. A Quick Overview of the Data Protection Law in Nigeria The NDPR was introduced as Nigeria’s first data protection regulation to protect the personal data of Nigerian citizens, both at home and abroad. While effective to an extent, it faced limitations in legislative power and enforcement. In 2023, the Nigerian Data Protection Act (NDPA) made some changes by replacing the NDPR to enhance data protection practices in alignment with those in the General Data Protection Regulation (GDPR). It focuses on defining the roles and responsibilities of data controllers and processors, establishing penalties for non-compliance, and upholding the rights of data subjects within Nigeria’s jurisdiction under the oversight of the Nigerian Data Protection Bureau (NDPB), which assists organisations in navigating compliance requirements. Why is NDPR compliance Important? In mediaeval times, kingdoms had robust defence systems—moats, walls, and soldiers—to guard against intruders. Similarly, today, laws like the GDPR and NDPA are essential to safeguarding citizens’ data. But why should organisations take these steps to NDPR compliance seriously? Fines The Nigerian data protection regulations impose significant fines on organisations that default. Non-compliance can result in fines as high as 2% of an organisation’s global annual turnover or NGN 10 million, whichever is greater. Sanctions The NITDA (National Information Technology Development Agency) has the authority to revoke licenses or place bans on organisations that fail to comply with the data protection regulations. Civil Liabilities Organisations can be held accountable for damages caused to data subjects due to non-compliance. Loss of Trust Failing to comply with data protection laws can severely damage an organisation’s reputation, causing a loss of trust among clients and partners. Increase in Clientele Organisations that comply with the NDPR are publicly listed on the NDPB’s website, which signals trustworthiness and can attract more clients. Requirements for NDPR Compliance The NDPB enforces data protection and privacy standards in Nigeria. Here are some essential compliance requirements for data controllers and processors: Annual Data Protection Audits Organisations must file an annual data protection audit with the NDPB through a licensed Data Protection Compliance Organisation (DPCO). Data Protection Impact Assessments (DPIAs) Conducting DPIAs to evaluate and minimise risks to data subjects is essential. Breach Notification In the event of a data breach, organisations must notify the NDPB within 72 hours of becoming aware of the incident. 6 Steps to NDPR Compliance That You Should Know Comply with the NDPR with the following steps: Step 1. Define Your Position Decide if your company functions as a data controller or data processor according to the NDPR regulations in place. A data controller has the task of determining the methods used for gathering data and how it is handled and stored, whereas a data processor handles data on behalf of the controller. Step 2: Evaluate Your Company Once you’ve identified your role, assess your current data protection practices. Ensure that data collection and processing align with the NDPR and that data subjects understand the process and have given consent. Step 3: Address Identified Issues If gaps in data protection are discovered, work to resolve them. For instance, consider encryption technologies if storing data securely is a challenge. Step 4: Appoint a Data Protection Officer (DPO) Like the GDPR, the NDPR requires certain organisations to appoint a DPO to oversee compliance. If resources are limited, you can outsource this role to a consultancy specialising in data protection. organisations Step 5: Submit Compliance Reports Organisations processing data from over 1,000 data subjects within six months or over 2,000 in 12 months must submit an annual compliance report to the NITDA. This report should include a description of data processing activities, organisational data protection policies, and proof of NDPR compliance. Step 6: Train Your Staff An effective data protection strategy requires that all staff members are well-trained in data protection principles and NDPR compliance practices. By adhering to these guidelines for meeting NDPR requirements in Nigeria, companies can enhance data security measures, establish credibility with clients, and adhere to the country’s data protection regulations. To help with this, a licensed data protection consultancy can be hired. Conclusion Safeguarding data is important to all parties involved. Particularly, the data subjects. This birthed the NDPR, NDPA, GDPR, and other data protection laws around the world. Compliance with the NDPR is a sure way to ensure your organisation is on the right track to data protection. Follow the steps included to achieve full compliance. As straightforward as it seems, many organisations fall into the categories below: Do not know what data protection is. Know about Data protection but are non-compliant Willing to comply with data protection regulations but don’t know how Understand data protection, aware of the NDPR and like laws, but need external help. If you fall into any of the groups, JOHAN CONSULTS is the agency for you. You can visit our website to begin your data compliance journey.
