Law To Compel Social Media Platforms To Set Up Offices In Nigeria Underway

A Bill that will mandate social media platforms, data controllers, and data processors operating in Nigeria to set up physical offices in the country, has successfully passed its first reading in the Senate.

Senator representing Delta North senatorial district of Delta State, Ned Nwoko, who sponsored the Bill, disclosed to the News Agency of Nigeria (NAN) on Thursday that the proposed legislation also aimed to enhance the swift resolution of complaints and foster stakeholder confidence.

The Bill titled “A Bill for an Act to Alter the Nigeria Data Protection Act, 2023, LFN, to Mandate the Establishment of Physical Offices within the Territorial Boundaries of the Federal Republic of Nigeria by Social Media Platforms and for Related Matters,” seeks to enhance compliance with global data protection standards and boost Nigeria’s economic and security landscape.

“It shall read that the commission shall mandate all data controllers, data processors, or operators of social media platforms to establish and maintain a physical office situated within the territorial boundaries of the Federal Republic of Nigeria.

“Failure to comply with this requirement for a continuous period of 30 days shall render the entity liable to a prohibition from conducting operations within the jurisdiction of Nigeria,” he said.

Nwoko said he proposed in the Amendment Bill that Section 5 of the principal NDPC Act 2023 be altered by the addition of a new article P and that Section 65 of the principal Act be altered by the addition of new terms and their interpretations.

“They shall read that Data Controllers means entities that determine the purposes and means of processing personal data and bear legal responsibility for compliance with data protection laws,” he said.

Nwoko informed that Data Processors in the context of the Bill mean entities that process personal data on behalf of a data controller based on specific instructions and without autonomy over the purposes or means of processing.

He said Physical Offices according to the Bill refer to a fixed and operational business location within the Federal Republic of Nigeria.

The lawmaker maintained that the offices should be staffed and authorised to engage with regulators, stakeholders, and the public to fulfill legal and operational obligations.

“Operators of Social Media Platforms means legal persons or entities responsible for owning, managing, or controlling digital platforms that facilitate user interaction, content sharing, or communication,” he stated.