Senior Advocate of Nigeria, Oyetola Muyiwa Atoyebi SAN, FCIArb (U.K) (Notary Public), has examined the legal and regulatory framework governing cross-border data transfers under the Nigeria Data Protection Act 2023.
The article, titled “Cross-Border Data Transfers Under the Nigeria Data Protection Act 2023: Legal Challenges and Regulatory Compliance in Nigeria,” considers the growing importance of international data flows to modern digital commerce and the corresponding legal responsibility to ensure that personal data remains adequately protected when transferred outside Nigeria.
By: Oyetola Muyiwa Atoyebi SAN, FCIArb (U.K) (Notary Public)
Cross-border data transfers are essential to modern digital commerce but raise concerns about protecting personal data when it moves outside Nigeria. The NDPA 2023 and GAID 2025 establish requirements for lawful transfer mechanisms, adequate protection, safeguards and accountability, while organisations continue to face challenges involving foreign processors, cybersecurity, adequacy assessments, onward transfers and overlapping regulatory regimes.
The central challenge, according to the article, is therefore to facilitate legitimate international data flows without allowing the protection guaranteed under Nigerian law to diminish once personal data crosses Nigeria’s borders.
The article examines the legal framework for cross-border data transfers, the roles of the NDPC, controllers and processors, and relevant lessons from the GDPR.
It seeks to promote a clearer and more practical compliance framework that allows legitimate international data flows while ensuring that data-subject rights and protections remain intact beyond Nigeria’s borders.
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SOURCE
Omaplex Law Firm — Oyetola Muyiwa Atoyebi, SAN: Cross-Border Data Transfers Under the Nigeria Data Protection Act 2023: Legal Challenges and Regulatory Compliance in Nigeria.
Read the original article on Omaplex
