Drafting a Legally Compliant Data Privacy Policy
Technology has led to the Increasing need for data protection. The world today is on the verge of being fully digitalized and Nigeria is no stranger to this phenomenon. To help regulate data protection, the government set up a commission for the purpose of protecting one’s data (information)
Most organizations that collect, store, or process personal information are in essence, receiving people’s data and they have the responsibility of protecting and keeping them private. It is a must for any organization in Nigeria, with a digital presence to ensure that the rules guiding data privacy are strictly adhered to. This not only makes the companies compliant with the extant rules and regulations but also is a trust-building tool between businesses and their customers.
This article outlines the key considerations and steps for drafting a legally compliant data privacy policy.
1. Understand the Applicable Legal Framework
Before drafting, one must identify the laws that govern data protection in your jurisdiction and industry. Different jurisdictions have specific laws put in place to regulate data privacy. In Nigeria, the regulatory bodies on data privacy are the Nigerian Data Protection Commission (NDPC) and National Information Technology Development Agency (NITDA) on rules and the laws formulated to guide data privacy/protection compliance are the Nigeria Data Protection Act, 2023 (NDPA) and the NDPC Regulations. For the European Union Countries, the General Data Protection Regulation (GDPR) regulates data privacy.
2. Define the Purpose of the Policy
The policy should clearly explain why the organization collects data and how it is used. This ensures transparency and builds user trust.
3. Essential Components of a Data Privacy Policy
A comprehensive data policy should cover at least the following sections:
I. Introduction
A. State the organization’s commitment to data protection.
B. Identify the data controller or processor.
II. Scope- Who does the policy apply to? (e.g., customers, employees, website users). III. Types of Data Collected
A. Personal identifiers (names, addresses, phone numbers).
B. Sensitive data (health, biometrics, financial information).
C. Digital identifiers (IP addresses, cookies, device information).
IV. Legal Basis for Processing
A. Consent.
B. Contractual necessity.
C. Legal obligation.
D. Legitimate interest.
V. Use of Data- How the data will be processed (marketing, service delivery, compliance). VI. Data Sharing and Third Parties
A. Whether data is shared with affiliates, vendors, or regulators.
B. Cross-border transfers and safeguards (e.g., Standard Contractual Clauses, adequacy decisions).
VII. Data Subject Rights
A. Right of access.
B. Right to rectification.
C. Right to erasure (“right to be forgotten”).
D. Right to data portability.
E. Right to withdraw consent.
VIII. Data Retention- State how long different categories of data will be retained and criteria for deletion.
IX. Security Measures
A. Technical safeguards (encryption, firewalls).
B. Organizational safeguards (limited access, training).
X. Cookies and Tracking Technologies- Explain the use of cookies, analytics, and opt-out options.
XI. Policy Updates- How changes will be communicated to users.
XII. Contact Information- Designated Data Protection Officer (DPO) or privacy contact.
4. Draft in Clear, Accessible Language
Avoid overly technical or legal jargon. The GDPR, NDPA, NDPR and similar laws emphasize that privacy policies must be concise, transparent, and intelligible to the average user.
5. Ensure Operational Alignment
A privacy policy is only as strong as the practices behind it. Organizations must: a. Implement data protection by design and by default.
b. Conduct regular audits and Data Protection Impact Assessments (DPIAs). c. Train employees on privacy compliance.
6. Regularly Review and Update
Data practices evolve as technology, laws, and business models change. A policy should be reviewed periodically and updated to reflect new regulations or operational changes.
Conclusion
Drafting a legally compliant Data Privacy Policy requires a careful balance of legal accuracy, transparency, and practicality.
It is not just a document for regulatory compliance—it signals to clients, partners, and regulators that your organization values accountability and trust in handling personal data. A well-drafted policy therefore protects both the organization from liability and the rights of individuals whose data it processes.
As an accomplished lawyer with a background in corporate law practice coupled with interest in Legal research and artificial intelligence, I bring a unique blend of legal intelligence and technological insight to every endeavor.
With a commitment to continuous learning and a forward-thinking approach, I am dedicated to helping organizations and individuals navigate the intersection of law and technology, driving innovation while safeguarding compliance and ethical standards.
