NIGERIA Law and Practice Contributed by: Tiwalola Osazuwa, Peretimi Akinmodun, Lazarus Uwa Kalu and Mubaraq Popoola, ǼLEX
Consumer protection Compliance with the provisions of the FCCPC and other sector-specific consumer protection laws is essential. Companies must avoid unfair trade practices and provide clear terms of ser - vice in line with relevant consumer protection laws. Freedom against discrimination Companies must ensure AI systems are designed to avoid bias and discriminatory outcomes, aligning their efforts with Nigeria’s constitutional principles of equality and non-discrimination. Tax implications Tax implications are significant, particularly for digital businesses. Understanding and comply - ing with digital tax laws is crucial. Cybersecurity Companies must anticipate ways these tech - nologies may be exploited for cybercrimes and implement safeguards that align with Nigerian cybersecurity regulations and frameworks. The NDPA requires companies to adopt appropriate technical and organisational measures to protect information technology systems from unauthor - ised interference. 7. Challenges with Technology Agreements 7.1 Legal Framework Challenges Main Challenges Faced by Organisations Entering into a Technology Agreement Regulatory and compliance challenges Given Nigeria’s complex and sometimes uncer - tain regulatory environment, with several laws and regulations, agencies and guidelines gov - erning the technology sector, organisations have the burden of ensuring that their technol -
With respect to 5G, telecommunications invest - ments and terrestrial fibre infrastructure in Nige - ria are concentrated in large commercial cities like Lagos, Abuja and Port Harcourt, creating an infrastructure gap in rural areas. To bridge this gap, network infrastructure sharing, particu - larly for 5G, is essential. The NCC has issued 5G spectrum licences to two telecom provid - ers. If these licensed operators share their 5G infrastructure with other operators, telecommu - nications coverage can easily be extended to underserved areas. Although AI is relatively new and its impact on the telecommunications sector is in its infancy, it will play an important role in the deployment of 5G, especially in the areas of resource allo - cation, efficient spectrum usage and intelligent traffic steering. The rise of IoT technologies has implications for the type approval process of telecommuni - cations equipment. As IoT devices proliferate, regulators will need to develop and implement updated type approval certification standards to address the unique characteristics of these new technologies. Legal Considerations for TMT Companies in Integrating Emerging Technologies Companies integrating emerging technologies in Nigeria should be aware of the following. Data protection and privacy concerns With 5G, IoT and AI technologies enabling the faster and more efficient transfer of personal data, including cross-border transfers of per - sonal data, it is essential for companies to com - ply with the requirements of the NDPA. Essen - tially, companies should implement procedures to enable data subjects to exercise their rights.
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