By Jeremiah Onaolapo Esq., Principal Partner at Smart Tent and Trust LLP.
Introduction
Technology and Information Technology (IT) law is a rapidly evolving field that addresses legal issues arising from the use of technology in our interconnected world. In Nigeria, the rise of fintech, e-commerce, artificial intelligence, and digital communication has made IT law increasingly critical and imperative. From data privacy to intellectual property protection, the legal framework must adapt to the demands of the digital age, otherwise there will be break down of law and order in that space by individual who may have tendencies to misuse it. This article delves briefly into the key aspects of tech and IT law in Nigeria, supported by few statutory provisions, judicial precedents, and practical scenarios.
WHAT IS TECH AND IT LAW?
Tech and IT law encompasses legal principles governing the use of technology and IT systems. It covers areas like:
Data Protection and Privacy. Cybersecurity and Cybercrime. Intellectual Property (IP) in the IT. E-Commerce and Online Transactions. Artificial Intelligence.
These laws aim to strike a balance between innovation and the protection of fundamental rights such as privacy, security, and intellectual property.
KEY ASPECTS OF TECH AND IT LAW IN NIGERIA
1.Data Protection and Privacy
The right to privacy is enshrined in Section 37 of the 1999 Constitution of Nigeria, which guarantees citizens’ privacy in their homes, correspondence, and communications. To enforce this right in the digital sphere, Nigeria introduced the Nigeria Data Protection Act (NDPA) 2023, which provides a powerful and robust structure for data protection and establishment of the Nigeria Data Protection Commission (NDPC) as the enforcement authority.
Key Provisions of NDP Act 2023:
Organizations must seek and obtain clear consent before processing personal data, except in certain circumstances that is permitted within the ambit of the law. Rights to access personal data, correct incomplete or inaccurate data, right to be forgotten and data portability must not be denied. Personal data can only be transferred to countries with adequate protection standards or legally recognized safeguards. Organizations must notify NDPC of data breaches within 72 hours of becoming aware, and also the data subject must be informed if the breach poses danger to the rights. It is critical for organization processing large or significant data to appoint Data Protection Officer to ensure proper management and oversees compliance with the law. Organization that engages in high risk data processing activities must conduct Data Protection Impacts Assessment to assess potential impacts on
data subjects. In a public interest case Paradigm Initiative v. NIMC and Anor (2024), the Applicant emphasized the importance of safeguarding biometric data collected for the National Identity Number (NIN) scheme. The case highlighted the growing need for robust data protection mechanisms in Nigeria.
Cybersecurity and Cybercrime The Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015 is Nigeria’s primary legislation for combating cybercrime. It criminalizes activities such as hacking, identity theft, cyberstalking or bullying, and online fraud (whether WhatsApp, Instagram, X, Tiktok, Facebook or any other platform). Part III of the Act provides a comprehensive listings of the possible offices that is practiced through the internet and further to an enforcement under the Part V of the Act.
Judicial Precedent:
In EFCC v. Okeke Obiwanne of the Invictus Group, a Nigerian entrepreneur who was arrested and charged with 2 count of computer fraud and wired fraud to which he pleaded guilty. He was consequently convicted, and the Nigeria government moved the Federal High Court in Lagos to forfeit the monies domiciled in his account to the Government of Nigeria and same was granted. This high-profile case underscored the need for a persistent and stricter enforcement of cybercrime laws within Nigeria.
Intellectual Property (IP) in the IT. Digital technology has transformed how intellectual property is created, shared, and protected. In Nigeria, the Copyright Act 2022 which was signed into law by in March 17, 2023 by President Muhammadu Buhari governs IP rights, offering protections against unauthorized use of works. The Copyright Act of 2022 repealed the one of 2004, and introduces several significant changes to the Nigeria’s copyright practices. It expands copyrightable work, replacing the term cinematograph films with audiovisual works to enable an encompassing digital production such as pictures, sound recording and videos. Additionally, the emergence of this law introduces right of distribution, communication to public, wire and wireless sharing. Provision for protection of technological measures for IP right holders against indiscriminate use of their IPs, and also adequate intervention by web and application builders to detect IP violations and immediately ban or delete post by unauthorized person.
Practical Scenario:
Nigerian musicians often face copyright violations on digital platforms. Streaming services have been compelled to adopt better licensing agreements to comply with copyright laws. Please note that IPs service are not restricted to musical art alone. It is all encompassing, as long as there is originality in the work or art, IP law can be provided for protection of that work.
E-Commerce and Online Transactions With the growth of e-commerce platforms, legal issues surrounding online contracts, consumer protection, and digital payments have become prominent. The Electronic Transactions Bill, awaiting passage into law, seeks to provide a framework for secure online transactions. The Federal Competition and Consumer Protection Act, 2018 (FCCPA) safeguards consumers against unfair practices. The Evidence Act, 2011, recognizes electronic signatures and documents in legal proceedings and as such legal right or breach of contract emanating from any online platforms can be tried.
Artificial Intelligence and Emerging Technologies AI and emerging technologies, such as blockchain and IoT, present unique legal challenges. While Nigeria currently lacks a specific AI legislation, general laws like the NDPA 2023 and Cybercrimes Act 2015 can perfectly apply to certain aspects. In a Global Precedent, the European Union, the GDPR provides a model for regulating AI’s use of personal data. Nigeria could adopt similar approaches to address ethical and legal issues related to AI.
SOME BASIC CHALLENGES IN IT LAW IN NIGERIA
Lack of Awareness: Many Nigerians are unaware of their rights under tech laws. Enforcement Gaps: Regulatory agencies face resource constraints. Rapid Technological Change: The law often lags behind technological advancements.
PRACTICAL RECOMMENDATIONS FOR STAKEHOLDERS
Legislative Reforms: Enact and update laws to address emerging tech issues. Public Awareness Campaigns: Educate citizens and businesses about their rights and obligations, such as this article aims to achieve. Capacity Building: Strengthen regulatory agencies to enforce compliance effectively.
CONCLUSION
Tech and IT law is essential for fostering innovation while protecting rights in Nigeria’s digital ecosystem. With a powerful and robust statutory frameworks like the NDPA 2023, FCCPA 2018 and Cybercrimes Act, 2015 and through the enforcement of judicial precedents, Nigeria can address the challenges of the digital age. Proactive measures, including legislative reforms and public education, are critical to ensuring a balanced and secure tech-driven society.
CALL TO ACTION
Are you compliant with Nigeria’s tech and IT laws? Ensure you consult legal experts. A proactive approach today can safeguard your digital operations tomorrow.
AUTHOR
JEREMIAH ONAOLAPO is the lead partner at Smart Tent and Trust LLP, a distinguished law firm specializing in bespoke legal services tailored to meet the unique needs of its clients. With a strong commitment to excellence, Jeremiah brings extensive experience and in-depth knowledge across a range of legal disciplines, delivering innovative and practical solutions to complex legal challenges. Dedicated to personalized service, he works closely with clients to understand their goals, ensuring strategic and effective outcomes. At Smart Tent and Trust LLP, Jeremiah and his team continue to uphold the firm’s reputation for integrity, professionalism, and client-centric advocacy. You can contact us today at: Email: Onaolapojeremiah28@gmail.com, smarttentandtrustllp@gmail.com Phone: 07064506533
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