As Nigerian organizations expand globally in 2025, they will increasingly transfer personal data across borders to support trade, services, and innovation. 

The Nigeria Data Protection Act (NDPA) 2023 and its General Application and Implementation Directive (GAID) 2025 demand strict compliance to protect data subjects' rights while enabling secure data flows. 

Organizations must assess risks and implement safeguards to avoid penalties and build trust.

Understanding the Legal Framework

The NDPA's Part VIII governs cross-border transfers, prohibiting them unless the recipient country provides adequate protection or other safeguards apply. 

GAID Article 45 reinforces this by designating Part VIII as the primary authority and directs users to Schedule 5 for interim guidance on adequacy evaluations and transfer mechanisms. 

Effective from September 19, 2025, GAID emphasizes factors like enforceable data rights, the rule of law, and independent supervisory authorities for adequacy decisions. 

However, the Nigeria Data Protection Commission (NDPC) has not yet listed approved countries, requiring case-by-case assessments.

This aligns with international standards, such as the UK GDPR, which uses adequacy decisions, standard contractual clauses (SCCs), and binding corporate rules (BCRs) for transfers. 

Nigerian entities must integrate these into their operations to ensure seamless global compliance.

Key Mechanisms for Secure Transfers

Organizations achieve compliant transfers through three main routes under GAID Schedule 5.

First, adequacy decisions allow unrestricted flows if the NDPC deems the recipient jurisdiction sufficient based on criteria like effective data laws and redress mechanisms.

Second, Cross-Border Data Transfer Instruments (CBDTIs) serve as appropriate safeguards without adequacy. These include SCCs, BCRs, codes of conduct, and certifications, all subject to NDPC approval. For instance, BCRs suit multinational groups by enforcing group-wide policies.

Third, derogations permit limited transfers in specific cases, such as explicit consent, contractual necessity, vital interests, or public interest, but only when no other mechanism fits. The UK's ICO guidance mirrors this, advising transfer risk assessments to mitigate harms.

Addressing Challenges and Risks

In 2025, challenges persist: absent adequacy lists heighten scrutiny, and emerging technologies like AI amplify transfer risks. 

Non-compliance invites NDPC fines or data breaches, eroding stakeholder confidence. Organizations must conduct Data Privacy Impact Assessments (DPIAs) for high-risk transfers and maintain Records of Processing Activities (ROPAs).

Best Practices and Expert Support

Proactive measures include benchmarking against global standards, training staff, and engaging Data Protection Officers (DPOs). 

Ace Data Protection Consulting supports Nigerian firms with Privacy by Design, DPO-as-a-Service, audits, and cybersecurity solutions to navigate these complexities efficiently.