Article

AI and the NDPA: what Nigerian organisations must do in 2026

Nigeria has no AI-specific law in force, but AI is not unregulated: the NDPA 2023 and the NDPC's GAID 2025 already set rules for automated decisions, impact assessments and transfers abroad.

The short answer

There is no AI-specific law in force in Nigeria. The National Digital Economy and E-Governance Bill, which includes AI provisions, is still before the National Assembly, and the National Artificial Intelligence Strategy (September 2025) is policy, not law. But where an AI tool uses personal data, the Nigeria Data Protection Act 2023 (NDPA) applies in full, and the NDPC's GAID 2025, effective since September 2025, names AI directly.

What the NDPA already requires for AI

General information, not legal advice; your data protection officer and legal advisers should confirm how the rules apply to you.

RuleWhat it means for AI
Automated decisionsPeople have the right not to be subject to a decision based solely on automated processing, including profiling, with legal or similarly significant effects. Where an exception applies (a contract, consent or a law with safeguards), still offer human intervention, a chance to give their view and a way to contest. Your privacy notice must say when you use automated decision-making
Impact assessmentsA data privacy impact assessment (DPIA) before processing likely to result in high risk; consult the NDPC if high risk remains after mitigation
Transfers outside NigeriaOnly where the recipient is bound by adequate protection (contractual clauses, binding corporate rules) or a ground such as informed consent applies; record the basis for each transfer
Registration and accountabilityData controllers and processors of major importance register with the NDPC; lawful basis, purpose limitation, data minimisation, accuracy and security apply to AI like any other processing

What the GAID 2025 adds

The GAID explains the NDPA in practice and names AI:

RequirementDetail
Document your safeguardsOrganisations deploying AI or other emerging technologies document the technical and organisational measures protecting data subjects (automated-decision rights, sensitive data, children and vulnerable groups, cross-border flows) and include them in the annual compliance audit return
Mandatory DPIAsAmong other things: profiling and automated decisions with significant effects, systematic monitoring, sensitive data, new technologies, sectors such as digital financial services, health and education, and cross-border transfers
Test before you trustTest AI in low-risk settings, monitor it continuously, and retest or retire it when it falls short

The NDPC plans to review the NDPA for AI and other emerging technologies; no draft had been published when we wrote this, so watch for updates.

Rather talk it through? If you are not sure whether your AI tools need a DPIA or a transfer safeguard, we can map them and prepare what is needed. Talk to a Promatics specialist

Why data location matters for AI in Nigeria

There is no major public cloud region in Nigeria: the nearest Microsoft Azure and Google Cloud regions are in South Africa, and Amazon Web Services' Lagos Local Zone has its parent region in Cape Town. Most generative AI services process prompts abroad and Microsoft 365 offers no Nigerian data residency, so most AI tools touching personal data need a lawful NDPA transfer basis and, under the GAID, usually a DPIA.

From 1 January 2027. NITDA's National Cloud Technical Guideline sets data-residency rules by data sensitivity for federal public institutions and regulated-sector organisations, and expects AI providers serving them to have AI governance, risk management and auditability aligned with ISO/IEC 42001. Sector regulators such as the CBN, SEC Nigeria and the NCC may add expectations.

Self-hosting keeps AI processing in Nigeria: an open-weight model on your premises or in a Nigerian data centre handles prompts and documents locally, with no border crossing; the NDPA and GAID still apply to its personal data. See private AI and self-hosted models.

What to do now

  • List AI tools in use, including unapproved ones (shadow AI).
  • Record personal data in, processing location, vendor training use.
  • Keep personal, confidential, classified data out of public AI; approve business tools.
  • Too sensitive? Self-hosted models, on your premises or a Nigerian data centre.
  • AI in credit, hiring, eligibility, pricing? Build in human review and contest routes.
  • DPIAs done where the GAID requires them, transfers included, and filed.
  • Transfer safeguards agreed with AI vendors; basis recorded for each transfer.
  • Privacy notice describes any automated decision-making.
  • AI safeguards recorded for your compliance audit return.
  • Publish an AI acceptable use policy and train staff on it.

When to bring in help

One or two business AI tools for drafting: a clear policy, sensible settings and your data protection officer's guidance often suffice. Bring in help when AI touches decisions about people, sensitive or financial data, a regulated sector, or your own products and services.

Our AI governance and security service inventories your AI use, prepares the assessments and safeguards the NDPA and GAID expect, applies technical controls and documents it in plain language, alongside your data protection officer and legal advisers, who remain responsible for legal interpretation. Starting out? An AI readiness assessment covers governance within a broader plan.

Sources and further reading

Product capabilities and guidance change. These are the primary sources this article relies on, checked on the review date above.

  1. Nigeria Data Protection Act 2023, Nigeria Data Protection Commission
  2. General Application and Implementation Directive (GAID) 2025, Nigeria Data Protection Commission
  3. National Cloud Technical Guideline 2026, National Information Technology Development Agency

This article is general information, not legal, accounting or security advice for your specific situation. Examples are hypothetical unless stated otherwise.

Talk to Promatics

Use AI with confidence under the NDPA

Regulators, customers and partners now ask how AI is controlled. We inventory your AI use, prepare the GAID assessments and document safeguards with your DPO and legal advisers.

  • An inventory of AI tools and use cases, including unapproved ones
  • DPIAs and transfer safeguards prepared for AI use
  • Plain-language reporting for leadership and your DPO