NIGERIA Law and Practice Contributed by: Tiwalola Osazuwa, Peretimi Akinmodun, Lazarus Uwa Kalu and Mubaraq Popoola, ǼLEX
mandates platforms and internet interme - diaries to implement measures to address disinformation and misinformation, ensure the removal of unlawful content from their platforms and exercise due diligence to prevent the uploading of unlawful content. Other guidelines issued by the NITDA include: (i) the Guidelines for Nigerian Content Development in Information and Communication Technology; (ii) the Framework and Guidelines for Public Internet Access, the National ICT Policy, the National Cloud Com - puting Policy; (iii) the Guidelines for Registration of ICT Service Providers/Contractors for Delivery of its Services to Minis - tries, Departments and Agencies of Government; (iv) the Nigeria e-Government Interoper - ability Framework; (v) the Framework and Guidelines for Information and Communication Technology Adoption in Tertiary Institutions; (vi) the Framework and Guidelines for the Use of Social Media Platforms in Public Institutions; (vii) the National Digital Economy Policy and Strategy (2020–2030); (viii) the National Blockchain Policy; and (ix) the National Policy on Fifth Gen - eration Network for Nigeria’s Digital Economy. • The Nigerian Communications Act 2003 (the “NCA”). The NCA establishes the Nigerian Communications Commission (the “NCC”) and provides a regulatory framework for the Nigerian telecommunications industry. The NCC is authorised to issue licences to telecommunications service providers and
to regulate the telecommunications indus - try, generally. Among other things, the NCA ensures effective competition in the industry, consumer protection and quality of service. • Data protection legislation. The Nigeria Data Protection Act 2023 (the “NDPA”) and Nige - ria Data Protection Regulations 2019 (the “NDPR”) provide the legal framework for the protection of personal data of individuals in Nigeria. The data protection legislation seeks to safeguard the security of personal data of data subjects, ensure that data control - lers and processors are accountable for the personal data they process and facilitate data subjects exercising their rights. One of the overarching objectives of the NDPA is to strengthen the legal foundations of the national digital economy and guarantee the participation of Nigeria in the regional and global economies through the beneficial and trusted use of personal data. • The Central Bank of Nigeria Act (the “CBN Act”) and the CBN Guidelines and Regula - tions. The CBN Act establishes the Central Bank of Nigeria (the “CBN”) and empow - ers it to regulate banks and other financial institutions. Accordingly, the CBN has issued several guidelines and regulations to regulate entities that leverage technology to provide financial services. Fintech companies offering financial services to Nigerian consumers must obtain the appropriate licences and comply with the CBN’s applicable guidelines. There are a number of guidelines issued by the CBN to regulate these services. For example, the CBN introduced the eNaira and issued the Regulatory Guidelines on eNaira in October 2021 to govern the adoption of the eNaira. The CBN Guidelines on Operations of Elec - tronic Payment Channels in Nigeria 2016 outline the regulatory requirements for enti -
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