Data Processing Agreement Template for Nigeria

The Data Processing Agreement (DPA) is a mandatory legal document under Nigerian law for organizations that process personal data on behalf of others. It is required by the Nigeria Data Protection Regulation (NDPR) 2019 and its Implementation Framework 2020 whenever a data controller engages a processor to handle personal data. The agreement ensures clear allocation of responsibilities, establishes security standards, and provides mechanisms for maintaining data protection compliance. It must address specific requirements under Nigerian law, including data breach notification obligations, data subject rights, and requirements for international data transfers. This document is particularly crucial given Nigeria's increasing focus on data protection enforcement and the potential penalties for non-compliance with the NDPR.

1. Parties: Identification of the data controller and data processor, including their registered addresses and company details

2. Background: Context of the agreement, relationship between parties, and purpose of the data processing activities

3. Definitions: Definitions of key terms used in the agreement, aligned with NDPR definitions

4. Scope and Purpose of Processing: Detailed description of the data processing activities, categories of data, and processing purposes

5. Duration of Processing: Term of the agreement and processing activities

6. Obligations of the Data Processor: Core responsibilities of the processor including security measures, confidentiality, and processing limitations

7. Obligations of the Data Controller: Responsibilities of the controller including lawful basis for processing and instructions

8. Technical and Organizational Measures: Security measures required to protect personal data

9. Sub-processing: Conditions and requirements for engaging sub-processors

10. Data Subject Rights: Procedures for handling data subject requests and assistance to the controller

11. Data Breach Notification: Procedures and timeframes for reporting data breaches

12. Audit Rights: Controller's right to audit and processor's obligation to demonstrate compliance

13. Termination: Conditions for termination and data handling upon termination

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