HOW TO FILE DATA PRIVACY AUDIT RETURNS

In our previous article, we considered everything you need to know about data protection compliance in Nigeria. In that article, we stated that as a requirement, data processors and controllers are required by the Nigeria Data Protection Regulation (NDPR) to file privacy audit returns.

To understand the meaning of data processors and controllers as it relates to data protection compliance, please click the link above.

In this article, we will discuss the procedures and requirements for filing privacy audit returns in Nigeria.

WHO NEEDS TO FILE PRIVACY AUDIT RETURNS?

Any natural person or entity who processes personal data on behalf of a data controller, alone or with the help of others (also known as data processors), is required to file privacy audit returns.

However, the audit returns are filed through licensed Data Compliance Officers (DCOs) who prepare an audit and submit their reports to the National Data Protection Bureau (NDPB).

WHO IS PRIVACY AUDIT RETURNS FILED TO?

Annual privacy audit returns are filed to the Nigeria Data Protection Bureau (NDPB).

WHEN IS THE DEADLINE FOR FILING PRIVACY AUDIT RETURNS?        

By virtue of Article 4.1 (7) NDPR, privacy audit returns are to be filed annually before 15th March of a new year.

WHAT ARE THE REQUIREMENTS FOR FILING PRIVACY AUDIT RETURNS?

Some of the information required to conduct an audit by a DCO are;

i. Information Security Policy

ii. Data Protection Policy

iii. Privacy Policy

iv. Records of processing activities

v. Data Inventory

vi. Details of third parties with whom data is shared

vii. With the above information, a DCO prepares an audit which is submitted to the NDPB.

CONCLUSION

The importance of filing privacy audit returns as either a data processor or controller in Nigeria is to keep the Government apprised of the steps or measures taken by stakeholders in enforcing the protection of sensitive information that belongs to users.

Need further information with respect to filing privacy audit returns as a company or a startup in Nigeria? Please reach out to us here, and we will be delighted to assist you.

 

 

 

Cynthia Tishion
Cynthia is a lawyer and currently serves as Head of Corporate / Commercial Services at LEX – PRAXIS. With her passion for business and entrepreneurship, she is actively engaged in creating awareness on the legal aspect of businesses through various platforms such as writing, public speaking engagements.
Cynthia Tishion

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