PrimaFacie

Privacy, made clear

PrimaFacie

Evaluate the risks and safeguards for transferring personal data of Nigerian data subjects to recipients outside Nigeria.

Legal Framework

Relevant provisions under NDPA and GAID

Sections 41-43 of the NDP Act - Cross-Border Transfer of Personal Data

Sections 41-43 NDPA govern the cross-border transfer of personal data. A data controller or data processor may transfer personal data to a foreign country or an international organisation only if: (a) the Commission has determined that the foreign country, territory, or international organisation ensures an adequate level of protection for personal data; or (b) appropriate safeguards have been provided by the data controller or processor.

Section 42 of the NDP Act - Appropriate Safeguards

Appropriate safeguards may include: (a) legally binding and enforceable instruments between public authorities; (b) binding corporate rules; (c) standard contractual clauses adopted by the Commission; (d) approved codes of conduct; (e) approved certification mechanisms; or (f) contractual clauses authorised by the Commission.

GAID Regulation - Transfer Impact Assessment Requirement

Before transferring personal data outside Nigeria, data controllers must conduct a Transfer Impact Assessment to evaluate: (a) the circumstances of the transfer; (b) the legal framework of the recipient country; (c) the risks to data subjects; and (d) the supplementary measures necessary to ensure adequate protection.

What is a Transfer Impact Assessment?

A Transfer Impact Assessment (TIA) is a systematic evaluation of the risks associated with transferring personal data to a foreign country or international organisation. The TIA helps determine whether adequate protection exists and what supplementary measures may be required.

Key Assessment Areas

  • Nature and purpose of the transfer
  • Categories of data and data subjects
  • Recipient country's data protection laws
  • Recipient's security measures
  • Government access requests risks
  • Data subject rights enforcement

Required Documentation

  • Transfer mechanism being relied upon
  • Assessment of recipient country adequacy
  • Identified risks and their likelihood
  • Supplementary measures implemented
  • Decision and justification
  • Regular review schedule

Lawful Transfer Mechanisms

Permitted Transfer Mechanisms

  • NDPC adequacy determination
  • Standard Contractual Clauses (SCCs)
  • Binding Corporate Rules (BCRs)
  • Approved codes of conduct
  • Certification mechanisms
  • Explicit consent (limited circumstances)

High-Risk Transfer Scenarios

  • Countries with no data protection law
  • Countries with broad surveillance powers
  • Transfers of sensitive personal data
  • Large-scale systematic transfers
  • Transfers involving vulnerable groups
  • Cloud services with unclear data locations

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