WorldStage Newsonline– Experts on data protection, local and international stakeholders and the regulatory bodies have explained the processes of cross border application of data protection regulations and best practice at the Udo Udoma & Belo-Osagie (UUBO) webinar series.
Speaking recently, at a virtual event, with the theme: Cross Border Application of Data Protection Regulation organized by Udo Udoma & Belo-Osagie (UUBO), The Lead, Regulations Monitoring and Compliance, National Information Technology Development Agency, (NITDA) Olufemi Daniel Esq, said to transfer data on a trans-border basis, there must be a stated legal basis for the transfer to be done.
He said, Nigerian Data Protection Regulation (NDPR) recognize the right to transfer data outside of Nigeria except government data.
“We have the guideline on local content in ICT, Article 14 of that says that you cannot transfer government data and in section 3 of our cybercrimes Act, talks about critical national information,
“What I understand is that critical national data’s are expected to be stored only within Nigeria. For exception to that you can apply on case basis to NITDA and the Office of the Presidency and it will be evaluated and considered.
On the issue of cross border transfer article 211 of the NDPR, he said “transfer can only be done on certain basis that are listed, that include: a stated legal basis for the transfer to be done; except for security and other peculiar issues we always expect the data subject should be informed of that transfer taking place.
Daniel Esq explained that aside from critical national data and government information, Article 212 of the NDPR gives opportunity to transfer even when the country you are transferring to is not in the white list of countries.
Partner in the law firm of Udo Udoma & Belo-Osagie (UUBO) and head Immigration, Business Establishment and Advisory Teams, Jumoke Lambo, stated that the need for companies or organisations, who collect, process, store or transfer the data of persons from other jurisdiction to be aware of the obligations imposed by the data protection and privacy laws of different jurisdictions cannot be overemphasized.
“UUBO is a NITDA license data protection organization which allows us to assist companies and organizations who is subject to the NDPR to comply with their obligations.
Lambo said companies are finding it imperative to retain law firms who provide data protection advice to enable them to navigate this ever-changing terrain and remain compliant, adding that this is one of the services that the UUBO data protection practice provides to clients.
Also speaking at the webinar, Rebecca Cousin, partner Slaughter and May’s corporate and commercial group said it is key for businesses wherever in the world they may be to understand when the General Data Protection Regulation (GDPR) applies and when it doesn’t and also to know those grey areas so they understand where there are ambiguity which can be helpful.
Elena Agaeva, head M&A and Corporate Practice, St. Petersburg office of Egorov Puginsky Afanasiev & Partners gave instances when Russian regulations can apply in the transfer of data. “Data localisation rules means if a company collects personal data of Russian citizens, it must ensure that primary collection of data is made in Russia with a Russian server,” she said
