GDPR vs NDPA: Key Differences Explained
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Why Compare GDPR and NDPA?
The General Data Protection Regulation (GDPR) and the Nigeria Data Protection Act (NDPA) are two major privacy laws shaping how organizations handle personal data.
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GDPR: EU-wide law, effective since May 2018.
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NDPA: Nigeria’s first full-fledged data protection law, signed in 2023.
Both laws protect individuals’ privacy and regulate companies, but there are unique differences every compliance officer, startup founder, and lawyer should know.
At a Glance: GDPR vs NDPA
| Feature | GDPR (EU) | NDPA (Nigeria) |
|---|---|---|
| Jurisdiction | Applies across EU + foreign companies processing EU residents’ data | Applies across Nigeria + foreign companies processing Nigerian data |
| Enforcement Authority | Independent Data Protection Authorities (per EU member state) + European Data Protection Board (EDPB) | Nigeria Data Protection Commission (NDPC) |
| Legal Instrument | Regulation (directly binding law) | National Act (parliamentary law) |
| Fines | Up to €20M or 4% of global annual turnover | NDPC may impose fines (amounts guided by regulations & NDPR precedent) |
| Controllers of Major Importance | Not a GDPR category | Unique to NDPA — entities handling large-scale or sensitive data |
| Data Subject Rights | Access, rectification, erasure, portability, restriction, objection, automated decision-making | Similar rights, but emphasis on Nigerian context (e.g. local complaint mechanisms) |
| Lawful Bases for Processing | Consent, contract, legal obligation, vital interest, public task, legitimate interest | Consent, contract, legal obligation, vital interest, public interest |
| Data Protection Officer (DPO) | Mandatory for certain organizations | Required for Controllers/Processors of Major Importance |
| Cross-Border Transfers | Restricted unless adequate safeguards exist | Permitted but must align with NDPC guidance |
| Accountability Principle | Central to GDPR | Explicitly embedded in NDPA (prove compliance) |
| Impact Assessments (DPIA) | Required for high-risk processing | Also required, with NDPC oversight |
Key Differences Explained
1. Enforcement Models
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GDPR: Decentralized — each EU country has its Data Protection Authority, coordinated by the EDPB.
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NDPA: Centralized — the Nigeria Data Protection Commission (NDPC) regulates, investigates, and enforces.
2. Controllers of Major Importance
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GDPR doesn’t define this category.
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NDPA introduces it for organizations that process sensitive data at scale or pose national risks. This is a uniquely Nigerian compliance burden.
3. Fines & Sanctions
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GDPR penalties are fixed and well-defined.
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NDPA penalties are guided by regulations and will evolve as NDPC issues frameworks.
4. Cross-Border Data Flow
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GDPR allows transfers only to “adequate” countries or with safeguards.
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NDPA is still developing adequacy frameworks but requires compliance with NDPC-approved safeguards.
5. Cultural & Market Context
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GDPR reflects EU concerns about consumer privacy and strong regulatory tradition.
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NDPA is tailored to Nigeria’s digital economy, local realities (e.g. SIM registration, fintech boom), and capacity challenges.
Similarities You Should Note
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Both laws give individuals control over their personal data.
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Both require accountability, consent management, and DPIAs.
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Both apply extraterritorially (foreign companies must comply).
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Both stress protection of sensitive personal data (health, biometrics, political, religious data).
Real-World Examples
Example 1: Nigerian Fintech Expanding to Europe
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Must comply with both NDPA and GDPR if processing Nigerian and EU residents’ data.
Example 2: EU SaaS Provider Serving Nigeria
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Subject to GDPR by default.
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Also covered by NDPA since it processes Nigerian clients’ data.
Example 3: Local Nigerian Hospital
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Covered by NDPA only.
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Must adopt stricter safeguards for medical records under NDPA.
Practical Takeaways
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If you’re in Nigeria: Focus on NDPA compliance first, but align with GDPR if you serve international users.
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If you’re EU-based: Assume NDPA applies if you collect Nigerian data.
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If you’re global: Aim for GDPR-level compliance — it covers NDPA basics and more.
FAQ: GDPR vs NDPA
Q1: Is NDPA a copy of GDPR?
Not exactly. NDPA borrows concepts but introduces unique categories like Controllers of Major Importance.
Q2: Which is stricter — GDPR or NDPA?
GDPR is generally stricter, but NDPA is catching up fast.
Q3: Does NDPA recognize “legitimate interest” like GDPR?
No. NDPA uses “public interest” instead, limiting flexibility.
Q4: Can one DPO serve for GDPR and NDPA compliance?
Yes, but ensure they’re familiar with both frameworks.
Q5: Does NDPA apply to anonymised data?
No. Just like GDPR, anonymised data is out of scope, but pseudonymised data is covered.
