Under the Nigeria Data Protection Act 2023 and the General Application and Implementation Directive 2025, the greatest regulatory risk often isn’t the breach itself, but how you respond to it.
In today’s digital environment, data breaches are an operational reality. It could be the result of a sophisticated cyber-attack or an email sent to the wrong person. It is important to note, however, that our data privacy law does not penalise organisations simply for being victims of a personal data breach.
The Real Risk
Regulatory exposure typically arises from a failure in accountability. If you cannot demonstrate robust technical and organisational safeguards, a proactive response, and compliance with reporting obligations, the Nigeria Data Protection cOMMISSION (“NDPC”) may view the incident as a broader governance failure.