THE IMPORTANCE OF WEBSITE PRIVACY POLICY IN NIGERIA

Opatola Victor Esq.
0904 181 5408
#legalify

The only two things you should take away from this article

1. Privacy Policy is a Legal requirement for websites, Apps and any medium that collects user data.

2. Having a well suited and properly drafted Privacy Policy by your Lawyer, for your website and Mobile App is to your protection and advantage.

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Data is gold, but there are Laws regulating the collection, processing, use, transfer and deletion of customer data in Nigeria.

Your Website, Mobile Application or online personal service is under an obligation to protect personal data in any incidence of processing of such data.

So any how you cut it, this applies to your website or App.

******WHO NEEDS A PRIVACY POLICY

Under the National Information and Technology Development Agency Regulation (NITDA Regulation) any operator of a commercial website, mobile application, or online service that collects “Personal Data" from its users is required to post a privacy policy on its site and comply with that policy.

This means even if you are collecting only customers email and phone number you need a Privacy Policy,

This also applies when you use a third party to collect your data.

******PENALTIES FOR NOT HAVING A DATA PRIVACY POLICY

Apart from possible criminal liabilities, you will still be liable to pay the following:

1. If your website processes more than ten thousand people's data, you will pay the equivalent of 2% of your annual gross revenue in the preceding year or the payment of 10 million Naira ( which ever is greater).

2. If your website processes less than ten thousand people's data, you will pay the equivalent of 1% of your annual gross revenue in the preceding year or the payment of 2 million Naira ( which ever is greater).

3. This can lead to a user bringing a Lawsuit in the future, if her data was used in a way that violates her privacy, because the way or manner in which her data will be used was not stipulated

Your Website or App should have a privacy policy.