NIGERIA Law and Practice Contributed by: Tiwalola Osazuwa, Peretimi Akinmodun, Lazarus Uwa Kalu and Mubaraq Popoola, ǼLEX
that financial institutions can securely identify their clients. Relevant Elements Liability Licensed certification authorities are required to inform their users of the scope and limitations of certification authorities’ liabilities with respect to the expected reliance to be placed in the infor - mation contained in the digital certificates issued by the certification certificates. Under the NITDA Public Key Infrastructure Reg - ulations, the liabilities of licensed certification authorities are limited. Certification authorities will not be liable for any loss caused by reli - ance on a false or forged digital signature of a subscriber as long as the certification authori - ties have complied with the requirements in the NITDA Public Key Infrastructure Regulations. Data protection Trust service providers, telecommunication ser - vice providers, financial institutions and other organisations are required to put procedures and security controls in place to protect the privacy and confidentiality of the subscribers’ data. Con - fidential information provided by the subscriber must not be disclosed to a third party without the subscribers’ consent unless the information is required to be disclosed under Nigerian law or a court order. 9. Gaming Industry 9.1 Regulations Laws or Regulations in Relation to the Gaming Industry Before November 2024, the regulation of lotter - ies and gaming was done at both the federal and state levels of government. These included:
• the National Lottery Act 2005 (the “NLA”); • the National Lottery Regulations 2007 (the “NLR”); • the Lagos State Lotteries and Gaming Authority Law 2021 (the “LSLGA”); and • various laws of other states. However, following a recent Supreme Court decision in November 2024 in the case of Attorney-General of Lagos State & Ors and the Attorney-General of the Federation & Ors, the NLA has been declared void and the regulation of the industry is now limited to the State level. Key Legal Challenges Complex and multiple regulatory frameworks Following the decision of the Supreme Court, the gaming industry is now subject to regulation by multiple state regulators and the FCCPC. The multiple state regulatory frameworks will require operators wishing to engage in lottery and gam - ing activities to obtain several licences from the various states in which they want to operate. Licensing and compliance issues Decentralisation complicates operations by requiring businesses to navigate diverse state regulations on licensing and compliance, leading to higher administrative burdens and costs for Online gaming operators licensed in one state (eg, Lagos State) but serving customers in other states may come within the regulatory purview of the various states. This will lead to potential conflicts of authority, regulatory overlap and conflicting legal requirements. Sector-Specific Issues Nigeria’s current gaming regulatory framework does not explicitly mention or address in-game multi-state operators. Remote operations
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