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Regulatory Alert: Nigerian Data Protection Commission Issues Guidance Notice on Registration of Data Controllers and Data Processors of Major Importance

Regulatory Alert: Nigerian Data Protection Commission Issues Guidance Notice on Registration of Data Controllers and Data Processors of Major Importance

Overview

On February 14, 2024, the Nigerian Data Protection Commission (NDPC) issued a Guidance Notice directing all Data Controllers and Data Processors of Major Importance (DCPMIs) to register with the Commission. The Notice, issued under Sections 5(d), 6(c), and 44 of the Nigeria Data Protection Act (NDPA) 2023, sets out the criteria for qualification and the classification of DCPMIs.

The Guidance Notice categorises DCPMIs into three levels: Major Data Processing Ultra High Level (MDP-UHL), Extra High Level (MDP-EHL), and Ordinary High Level (MDP-OHL). Registration fees range from N250,000 for the Ultra High Level to N10,000 for the Ordinary High Level. The registration window runs from January 30, 2024, to June 30, 2024, and can be completed via the NDPC's online portal.

This regulatory alert examines the criteria for qualification, the classification and registration requirements, and the timeline for compliance. It also highlights the penalties for defaulting organisations and how KENNA, as a licensed Data Protection and Compliance Organisation (DPCO), can assist with the registration process.

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