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Data Controller Agreement

Data Controller Agreement Template for Nigeria

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Key Requirements PROMPT example:

Data Controller Agreement

"I need a Data Controller Agreement for my fintech startup based in Lagos, which will be processing customer payment data and sharing it with international payment processors starting March 2025. The agreement should include specific provisions for cross-border transfers and financial data protection."

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Document background
This Data Controller Agreement is essential for organizations operating in Nigeria that process personal data and need to comply with the Nigeria Data Protection Regulation (NDPR) 2019. The document should be used when establishing formal data processing arrangements and defining data controller responsibilities under Nigerian law. It includes crucial provisions for data protection compliance, security measures, breach notification procedures, and data subject rights. The agreement is particularly important given Nigeria's increasing focus on data protection enforcement and the significant penalties for non-compliance with the NDPR. Organizations should implement this agreement as part of their data protection compliance program, especially when handling sensitive personal data or engaging in significant data processing activities.
Suggested Sections

1. Parties: Identification of the contracting parties including their registered addresses and company details

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Definitions of key terms used in the agreement, including those specified in the NDPR

4. Scope and Purpose: Details of the data processing activities covered by the agreement

5. Data Controller Obligations: Legal obligations and responsibilities of the data controller under NDPR

6. Data Protection Principles: Commitment to comply with Nigerian data protection principles including lawfulness, purpose limitation, and data minimization

7. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under NDPR

8. Security Measures: Technical and organizational measures to ensure data security

9. Data Breach Notification: Procedures for handling and reporting data breaches

10. Confidentiality: Obligations regarding confidentiality of personal data

11. Term and Termination: Duration of the agreement and termination provisions

12. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes

Optional Sections

1. International Data Transfers: Required when personal data will be transferred outside Nigeria

2. Sub-processing: Include when the controller may need to engage sub-processors

3. Insurance Requirements: Specific insurance obligations for high-risk processing activities

4. Audit Rights: Detailed audit provisions for complex processing operations

5. Industry-Specific Compliance: Additional requirements for specific sectors (e.g., healthcare, financial services)

6. Data Protection Impact Assessment: Required for high-risk processing activities

7. Force Majeure: Provisions for handling circumstances beyond parties' control

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of data processing activities, categories of data, and purposes

2. Schedule 2 - Security Measures: Specific technical and organizational security measures implemented

3. Schedule 3 - Contact Details: Key contacts including Data Protection Officer details

4. Schedule 4 - Sub-processors: List of approved sub-processors if applicable

5. Appendix A - Data Subject Request Procedure: Detailed procedures for handling data subject requests

6. Appendix B - Data Breach Response Plan: Step-by-step protocol for handling data breaches

7. Appendix C - Compliance Checklist: NDPR compliance requirements and verification checklist

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Consent
Confidential Information
Data Controller
Data Processor
Data Protection Laws
Data Protection Officer
Data Subject
Data Subject Rights
NDPR
NITDA
Personal Data
Personal Data Breach
Processing
Sensitive Personal Data
Sub-processor
Technical and Organizational Measures
Third Party
Transfer
Authorized Personnel
Business Day
Effective Date
Force Majeure Event
Implementation Framework
International Transfer
Material Breach
Notice
Processing Records
Regulatory Authority
Representatives
Security Measures
Services
Term
Territory
Working Day
Data Protection Impact Assessment
Accountability Measures
Anonymization
Pseudonymization
Cross-border Processing
Database
Digital Identity
Direct Marketing
Filing System
Privacy Notice
Privacy Policy
Record of Processing Activities
Special Categories of Data
Clauses
Interpretation
Scope of Processing
Controller Obligations
Data Protection Principles
Data Subject Rights
Security Measures
Confidentiality
Data Breach Notification
International Transfers
Sub-processing
Audit Rights
Compliance
Record Keeping
Personnel
Technical Requirements
Liability
Indemnification
Insurance
Term and Termination
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Variation
Waiver
Third Party Rights
Governing Law
Dispute Resolution
Regulatory Compliance
Data Protection Impact Assessment
Cooperation
Warranties
Remedies
Relevant Industries

Financial Services

Healthcare

Technology

E-commerce

Telecommunications

Education

Professional Services

Manufacturing

Retail

Insurance

Government

Non-profit Organizations

Media and Entertainment

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Data Protection

Privacy

Procurement

Corporate Governance

Internal Audit

Business Development

Project Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

IT Director

Chief Information Officer

Chief Technology Officer

Operations Manager

Project Manager

Business Development Manager

Contract Manager

Chief Executive Officer

Chief Operating Officer

Industries
Nigeria Data Protection Regulation (NDPR) 2019: The primary data protection framework in Nigeria that sets out rules and guidelines for the processing of personal data, rights of data subjects, and obligations of data controllers and processors.
Constitution of the Federal Republic of Nigeria 1999: Section 37 provides for the fundamental right to privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications.
Nigeria Data Protection Implementation Framework: Provides detailed guidance on implementing the NDPR, including requirements for data protection compliance, audit procedures, and training requirements.
Cybercrimes (Prohibition, Prevention, etc.) Act 2015: Provides legal framework for the prohibition, prevention, detection, prosecution and punishment of cybercrimes, including provisions relevant to data security and protection.
National Information Technology Development Agency Act 2007: Establishes NITDA, which issued the NDPR and provides overall regulation of information technology and electronic data practices in Nigeria.
Consumer Code of Practice Regulations 2007: Includes provisions for the protection of consumer information and privacy in the telecommunications sector.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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