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A Data Processing Agreement sets clear rules when one company handles personal data on behalf of another in Nigeria. It's a legally binding contract that follows the Nigeria Data Protection Regulation (NDPR), spelling out exactly how sensitive information must be collected, stored, and used.

These agreements protect both businesses and their customers by defining security measures, data breach procedures, and each party's responsibilities. They're especially important for Nigerian companies working with international partners or handling data across borders, ensuring compliance with both local requirements and global privacy standards like GDPR.

A Data Processing Agreement becomes essential when your Nigerian business shares customer data with external partners or service providers. Common scenarios include hiring cloud storage providers, using customer relationship management (CRM) software, or working with marketing agencies that access your customer database.

Under the NDPR, you need this agreement before letting third parties process personal data of Nigerian residents. This includes working with payroll companies, recruiting firms, or any vendor handling employee information. The agreement becomes particularly crucial when data moves across borders or when dealing with sensitive details like health records or financial information.

• DPA Agreement: Standard agreement for basic data processing relationships, commonly used by Nigerian businesses for straightforward vendor arrangements
• Intercompany Data Processing Agreement: Specialized version for data sharing between affiliated companies or subsidiaries under the same corporate umbrella
• Third Party Data Processing Agreement: Comprehensive version for external service providers, with enhanced security and liability provisions
• Data Controller Agreement: Used when both parties act as independent controllers sharing data
• Sub Processor Agreement: Specific agreement for situations where processors delegate data handling to additional sub-processors

• Data Controllers: Nigerian businesses and organizations that own customer data and determine how it's used, including banks, hospitals, and e-commerce companies
• Data Processors: Service providers who handle data on behalf of controllers, such as cloud storage companies, payment processors, and marketing agencies
• Legal Teams: In-house counsel and external law firms who draft and review Data Processing Agreements to ensure NDPR compliance
• Compliance Officers: Internal staff responsible for monitoring data protection practices and maintaining agreement requirements
• IT Managers: Technical teams implementing the security measures and data handling protocols specified in the agreements

• Data Inventory: Map out what personal data will be processed, including types, sources, and storage locations
• Party Details: Gather full legal names, registration numbers, and contact information for all involved organizations
• Processing Scope: Define exact data handling activities, duration, and purpose under NDPR guidelines
• Security Measures: Document specific technical and organizational safeguards for data protection
• Breach Protocol: Establish clear notification procedures and response timelines
• Sub-processor Rules: List any third parties who might access the data and their roles
• Document Generation: Use our platform to create a customized, NDPR-compliant agreement that includes all required elements

• Parties and Purpose: Clear identification of data controller, processor, and specific processing activities
• Data Description: Detailed categories of personal data, processing duration, and transfer mechanisms
• Security Measures: Technical and organizational safeguards compliant with NDPR requirements
• Confidentiality: Staff obligations and access restrictions for processed data
• Breach Protocol: Notification procedures and response timelines under Nigerian law
• Sub-processing Rules: Conditions for engaging additional data processors
• Audit Rights: Controller's inspection and verification procedures
• Liability Terms: Clear allocation of responsibilities and indemnification provisions
• Termination Process: Data return or deletion procedures at agreement end

A Data Processing Agreement differs significantly from a Data Sharing Agreement in both purpose and scope under Nigerian law. While both deal with personal data, they serve distinct functions in data protection compliance.

• Primary Purpose: A DPA governs how a processor handles data on behalf of a controller, while a Data Sharing Agreement regulates the exchange of data between two independent controllers
• Legal Relationship: DPAs establish a hierarchical relationship with clear processor obligations, whereas Data Sharing Agreements create peer-level responsibilities between equal parties
• Security Requirements: DPAs mandate specific technical safeguards for data processing activities, while Data Sharing Agreements focus more on mutual data protection standards and transfer protocols
• NDPR Compliance: DPAs are explicitly required under NDPR for controller-processor relationships, but Data Sharing Agreements are voluntary arrangements between controllers sharing data for legitimate purposes