THE DIGITAL ECONOMY AND CONSUMER PROTECTION IN NIGERIA: A LEGAL ANALYSIS OF DATA PRIVACY LAWS UNDER THE NIGERIA DATA PROTECTION ACT 2023

Abstract

This study critically analyzed the Nigeria Data Protection Act (NDPA) 2023, assessing its provisions, strengths, and challenges in safeguarding consumer rights within Nigeria’s digital economy. The research employed a doctrinal methodology, examining the NDPA alongside international frameworks such as the General Data Protection Regulation (GDPR) and South Africa’s Protection of Personal Information Act (POPIA). Key findings revealed that the NDPA introduced significant rights for data subjects, including access, rectification, and deletion of personal data, while imposing obligations on data controllers and processors. The Act also established the Nigeria Data Protection Bureau (NDPB) to oversee compliance and enforcement. Despite these advancements, the study identified critical gaps, including limited institutional capacity, low public awareness, and insufficient provisions for emerging technologies such as artificial intelligence and blockchain. The comparative analysis highlighted lessons Nigeria could adopt from the GDPR and POPIA, including enhanced enforcement mechanisms, data portability rights, and robust public education initiatives. The research concluded that while the NDPA represents a commendable step toward strengthening data protection in Nigeria, its effectiveness depended on addressing the identified challenges. Recommendations included increasing funding for the NDPB, promoting digital literacy, updating the Act to address technological advancements, and fostering regional collaboration to harmonize data protection standards. These measures were deemed essential for creating a robust data protection regime that aligns with global best practices and supports the growth of Nigeria’s digital economy.