ANALYSING THE EFFECTIVENESS OF THE NIGERIAN DATA PROTECTION LEGAL FRAMEWORK IN ELECTRONIC COMMERCE

Abstract

This paper aims to examine the extent of safety of consumers’ data in an electronic commerce transaction. Key issues in data processing and protection in electronic commerce were identified to include cross-border transfers and third-party risks, risks from data breaches and fraud, consent management overload, amongst others. The Nigerian data protection laws examined include the Nigerian Data Protection Regulation 2019 and the Nigerian Data Protection Act 2023. Similarities between both laws were highlighted, as well as notable differences. The Nigerian Data Protection Commission was also examined, where successes and enforcement challenges were identified. It was found that the Act does not expressly provide for e-commerce concerns, neither does it regulate data selling. This paper makes use of the doctrinal research methodology for its research. This work recommends that the Act should specifically recognise e-commerce peculiarities with regard to data processing, especially e-commerce platforms, and regulate them accordingly.