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Database

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Restrictions on data

NIGERIA

Since 2008

Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
Guidelines for the Provision of Internet Service
Intermediary liability is currently not being addressed in existing Nigerian law, although some regulations such as the Nigerian Communications Act, National Information Technology Development Agency Act and the Nigerian Copyright Act are relevant to the subject. There is ongoing work on various legislative bills regarding the inclusion of clauses on liability of intermediaries.

The Guidelines for the Provision of Internet Service published by the Nigerian Copyright Commission (NCC) include a notice and takedown mechanism, provisions for limitiation of intermediary liability of internet services providers (ISPs) as content intermediaries, and a general obligation of ISPs to disconnect subscribers upon being made aware of infringing conduct. However, it remains unclear what practical force or effective application these guidelines have.
Coverage Internet intermediaries
Restrictions on data

NIGERIA

Since 2011

Chapter Data policies  |  Sub-chapter Restrictions on cross-border data flows
Guidelines on Point-of-Sale Card Acceptance Services
The Guidelines on Point-of-Sale Card Acceptance Services require IT infrastructure for payment processing to be located domestically. All Point-of-Sale and ATM domestic transactions need to be processed through local switches and it is forbidden to route transactions outside the country for processing.
Coverage Financial sector
Restrictions on data

NIGERIA

Since December 2013

Chapter Data policies  |  Sub-chapter Restrictions on cross-border data flows
Guidelines on Nigerian content development in information and communications technology
At the beginning of 2014, the National Information Technology Development Agency (NITDA) released guidelines on Nigerian content development in information and communications technology.

One of the requirements imposes that "Data and Information Management Firms" host government data locally within the country and shall not for any reason host any government data outside the country without an express approval from NITDA and the Secretary of Federal Government.

Another requirement imposes that all ICT companies host their subscriber and consumer data locally.
Coverage ICT companies
Sources
Establishment restrictions

NIGERIA


Chapter Business mobility  |  Sub-chapter Other restrictive practices related to business mobility
Immigration Act, Part V
Training and work experience is often required before the employer can recruit foreign workers. However, the duration of the training and work experience required depends on the services sector in question. Overall, the duration should include "sufficient experience".
Coverage Horizontal
Establishment restrictions

NIGERIA

Since 2015

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Immigration Act, Part V
Nigeria imposes quotas on foreign personnel based on the issued capital of firms. Furthermore, the employer must make an application in order to recruit the foreign service supplier and approval needs to be obtained from the office of the Comptroller General of Immigration, which might also give out temporary work permits outside the specified quota.
Coverage Horizontal
Establishment restrictions

NIGERIA

Since 2014

Chapter Competition policy  |  Sub-chapter Competition
Government's ownership of shares of the incumbent telecommunication operator
On December 2014, Nigeria's National Council on Privatisation (NCP) approved the sale of the assets of Nigerian Telecommunications (NITEL) and its mobile arm, M-Tel to NATCOM Consortium. Thus, NITEL (the incumbent) is no longer a State Owned Enterprise, but the Government still owns 25% of the company.The government announced it would soon return to the market to sell the remaining 25% to Nigerians through Initial Public Offering (IPO).
Coverage Telecommunication sector
Establishment restrictions

NIGERIA

Since 2004

Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Copyright Act
There is no specific legislation under the Nigerian Copyright Act which defines copyright exceptions such as fair use and fair dealing. The Copyright Act allows judicial interpretation on a case by case basis (Chapter C28, Section 5).
Coverage Horizontal
Establishment restrictions

NIGERIA

Since December 2013

Chapter Investment  |  Sub-chapter Other restrictive practices related to foreign investment
Guidelines on Nigerian content development in information and communications technology
The Guidelines on Nigerian content development in information and communications technology provide that companies supplying information and communication technology services are required to register as Nigerian entities with predominant Nigerian representation and that telecommunication towers should be built with 50% local value added.
Coverage Communication and telecommunication service providers, including data services
Establishment restrictions

NIGERIA

Since August 2003

Chapter Investment  |  Sub-chapter Other restrictive practices related to foreign investment
Nigerian Communications Act
Some legal requirements in Nigeria restrict foreign investment in digital trade. According to Art. 31 of the Nigerian Communications Act, no person shall operate a communication system or facility nor provide a communication service in Nigeria, unless authorized to do so. Internet Service Provision and Internet Exchange licences authorise the provision of data services. On the other hand, the provision of voice over Internet Protocol (VoIP) does not require a license.
Coverage Communication and telecommunication service providers, including data services
Establishment restrictions

NIGERIA

Reported in 2009

Chapter Investment  |  Sub-chapter Screening of investment and acquisitions
Investment policy
Under the current system, no investment approval is needed, but it is required that all investment with a foreign participation is registered with the Nigerian Investment Promotion Commission and are covered by the treatment and protection clauses of the Nigerian Investment Promotion Commission Act (sections 17 and 27). However, there are no reports of investment in telecom sector being blocked on national security grounds.
Coverage Horizontal
Source
  • UNCTAD, Investment Policy Review on Nigeria (2009), p. 23: http://unctad.org/en/docs/diaepcb20081_en.pdf
Establishment restrictions

NIGERIA

Since December 2013

Chapter Investment  |  Sub-chapter Screening of investment and acquisitions
Guidelines on Nigerian content development in information and communications technology
Multinational companies are required to provide a local content development plan for the creation of jobs, recruitment of local engineers, human capital development and value creation for the local ecosystem.
Coverage Information and communication technology service providers (including telecommunication sector)
Establishment restrictions

NIGERIA

Since December 2013

Chapter Investment  |  Sub-chapter Restrictions on ownership
Guidelines on Nigerian content development in information and communications technology
The guidelines on Nigerian content development in information and communications technology introduce a minimum share capitalisation for Original Equipment Manufacturers (OEMs) and Original Design Manufacturers (ODMs) of ICT products of 2 billion Nigerian Naira (approx. 10,000 USD) and 5 billion Nigerian Naira (approx. 25,000 USD) respectively. This constiutes a discrimination against foreign investment.
Coverage Equipment and design manufacturers of ICT products
Fiscal Restrictions

NIGERIA

Since January 2016

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
WTO Government Procurement Agreement (GPA)
Nigeria is not a member of the WTO Agreement on Government Procurement.
Coverage Horizontal
Fiscal Restrictions

NIGERIA

Since May 2017

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
Executive Order "On support for local contents in public procurement by the Federal Government"
On 18 May 2017, the Federal Government of Nigeria established that all Nigerian ministries, departments and agencies will be obliged to grant preferential treatment to locals in the public procurement processes; this was done via an Executive Order signed by Acting President Yemi Osinbajo. The Executive Order specifies that 'Made in Nigeria' products are given preferential treatment in all public procurement processes concerning several goods and services, including information and commuication technology (ICT). According to the Order, "at least 40% of the procurement expenditure on these items in all [federal ministries] shall be locally manufactured goods or local service providers".
Coverage Several sectors, including the ICT sector
Fiscal Restrictions

NIGERIA

Since December 2013
Since May 2012

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
Guidelines on Nigerian content development in information and communications technology

National Information Technology Development Agency (NITDA) Declaration
The Nigerian Federal Ministry of Communication Technology has promulgated the Guidelines on Nigerian Content in the ICT sector. The guidelines apply to state entities as well as private enterprises and individuals. One of the requirements is that Ministries and other government entities shall purchase all hardware products locally as well as source and procure software from only local and indigenous software development companies. If the capacity for developing such software does not exist locally, a Nigerian company should provide the procurement, installation and support of the software.

The Director General of the National Information Technology Development Agency (NITDA) declared that the procurement by public institutions of non-made-in-Nigeria computers, where certified local brands exist, would be an offence punishable by a prison term and fine, under the NITDA Act.
Coverage ICT sector
Sources