By Mustapha Salisu
The Centre for Information Technology and Development (CITAD) has called on the National Assembly to reconsider a proposed amendment to the Nigeria Data Protection Act, 2023, which seeks to compel social media platforms, data controllers and data processors to establish physical offices in Nigeria.
The organisation warned that the proposed legislation could undermine digital rights, innovation, competition and digital inclusion while creating unnecessary barriers for technology companies and online service providers.
Addressing journalists in Kano on Friday, CITAD’s Digital Rights Officer, **Ali Sabo**, said although the organisation supports efforts to strengthen data protection and accountability, the blanket requirement for physical offices was disproportionate and could negatively affect Nigeria’s digital economy.
The proposed amendment, sponsored by Senator Ned Munir Nwoko, seeks to mandate all data controllers, data processors and operators of social media platforms to maintain physical offices within Nigeria, with non-compliant entities facing the risk of being prohibited from operating in the country after 30 days.
Sabo noted that the proposal could particularly affect start-ups, non-profit organisations, open-source projects and emerging digital platforms that lack the financial capacity to establish permanent offices in Nigeria.
According to him, the bill could unintentionally reinforce the dominance of large technology companies while creating an uneven digital environment that stifles competition and discourages home-grown innovation.
He further argued that the Nigeria Data Protection Act, 2023, already provides a comprehensive legal framework for protecting personal data, stressing that priority should be given to strengthening the implementation and enforcement of existing provisions rather than introducing additional regulatory burdens.
Sabo also dismissed the argument that mandatory physical offices were necessary for accountability, noting that complaints, regulatory engagement and enforcement actions could effectively be managed through digital channels and designated local representatives.
He warned that excessive regulatory requirements could discourage global digital platforms from operating in Nigeria, limiting access to digital services for young people, entrepreneurs, civil society organisations and small businesses that depend on such platforms for education, communication, advocacy and economic opportunities.
CITAD therefore urged the Senate and the House of Representatives to subject the proposed amendment to broad stakeholder consultations involving digital rights organisations, technology companies, consumer groups, civil society organisations, data protection experts and start-ups before taking any legislative action.
The organisation also recommended alternative measures, including requiring appropriate foreign data controllers and processors to appoint authorised representatives in Nigeria, strengthening the capacity of the Nigeria Data Protection Commission, improving cross-border regulatory cooperation, establishing accessible digital complaint channels, adopting risk-based compliance obligations for high-impact data processing activities and enforcing existing data protection laws.
“Nigeria needs a regulatory environment that protects citizens’ privacy and strengthens accountability without unnecessarily restricting access to digital services or stifling innovation,” Sabo said.