The Privacy Agreement is a fundamental document required for organizations operating in Nigeria that collect, process, or store personal data. This agreement is designed to comply with the Nigeria Data Protection Regulation (NDPR) 2019 and other relevant Nigerian privacy laws. It should be used whenever an organization needs to establish clear terms for data processing activities, whether with employees, customers, or other stakeholders. The Privacy Agreement includes essential provisions such as data subject rights, security measures, breach notifications, and retention policies. It demonstrates compliance with Nigerian data protection requirements and helps organizations avoid potential penalties for non-compliance with NDPR, which can be up to 2% of annual gross revenue or 10 million Naira, whichever is greater.
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1. Parties: Identification of the data controller/processor and the data subject or categories of data subjects
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used in the agreement, including statutory definitions from NDPR
4. Purpose and Legal Basis: Detailed description of data processing purposes and legal grounds for processing
5. Categories of Personal Data: Specification of personal data types being collected and processed
6. Data Subject Rights: Enumeration of all rights under NDPR including access, rectification, erasure, and data portability
7. Data Security Measures: Description of technical and organizational security measures implemented
8. Data Retention: Retention periods and criteria for different data categories
9. Confidentiality: Obligations regarding confidentiality of personal data
10. Breach Notification: Procedures for handling and reporting data breaches
11. Termination: Conditions for agreement termination and data handling upon termination
12. Governing Law: Specification of Nigerian law and NDPR as governing framework
1. International Data Transfers: Required when personal data will be transferred outside Nigeria
2. Automated Decision Making: Required when automated processing, including profiling, is used
3. Special Categories of Data: Required when processing sensitive personal data such as health information or biometric data
4. Children's Data Processing: Required when collecting or processing personal data of children under 13
5. Third-Party Processing: Required when third-party processors are involved
6. Direct Marketing: Required when personal data will be used for direct marketing purposes
7. Cookie Policy: Required when using cookies or similar tracking technologies
1. Schedule 1 - Processing Activities: Detailed list of specific data processing activities and purposes
2. Schedule 2 - Technical and Organizational Measures: Detailed description of security measures and controls implemented
3. Schedule 3 - Approved Sub-processors: List of approved third-party data processors, if applicable
4. Schedule 4 - Data Retention Schedule: Detailed retention periods for different categories of personal data
5. Appendix A - Data Subject Request Procedure: Detailed procedure for handling data subject rights requests
6. Appendix B - Breach Response Plan: Detailed procedure for responding to data breaches
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