Software is licensed, not sold. This distinction is foundational to understanding software transactions and has significant implications for both software vendors and their customers. In Nigeria, software licensing agreements are governed primarily by contract law and the Copyright Act 2022. This article explains the key elements of a software licence and the common pitfalls to…
A data breach can happen to any organisation, regardless of size or sector. The Nigeria Data Protection Act 2023 (NDPA) sets out specific notification obligations that organisations must meet when a breach occurs. This article explains what those obligations are and how to prepare for them. What Is a Personal Data Breach? Under the NDPA,…
The Central Bank of Nigeria released its Regulatory Framework for Open Banking in Nigeria in 2021. Open banking enables customers to authorise the sharing of their financial data with third-party providers (TPPs), facilitating the development of new financial products and services built on top of bank data. What Is Open Banking? Open banking is the…
The Cybercrimes (Prohibition, Prevention, etc.) Act 2015 is Nigeria’s primary legislation dealing with cybercrime. It criminalises a wide range of digital offences and imposes specific obligations on businesses operating in the digital space. Understanding the Act is essential for any company that relies on digital infrastructure. Overview of the Cybercrimes Act 2015 The Act provides…
Artificial intelligence systems are increasingly used in Nigerian businesses, from customer service chatbots and credit scoring models to automated hiring tools and content moderation systems. Nigeria does not yet have dedicated AI legislation, but the existing legal framework already has implications for AI deployment. What Existing Law Says The NDPA 2023 Automated decision-making that has…
E-commerce has grown rapidly in Nigeria, with platforms facilitating billions of naira in transactions annually. Yet many Nigerian e-commerce businesses operate with poorly drafted terms, unclear refund policies, and inadequate consumer protection mechanisms. Legal Framework E-commerce in Nigeria is governed by the Consumer Protection Act 2019, the FCCPA 2018, the Cybercrimes Act 2015, and the…
The Central Bank of Nigeria (CBN) has issued a series of regulatory frameworks that collectively define the compliance obligations of fintech companies operating in Nigeria. Whether you are running a payment service bank, a mobile money operator, a lending platform, or a cryptocurrency exchange, understanding the applicable CBN frameworks is essential to lawful operation. The…
The Nigeria Data Protection Act 2023 (NDPA) marks a significant shift in how personal data is regulated in Nigeria. Unlike its predecessor, the Nigeria Data Protection Regulation 2019 (NDPR), the NDPA is a full Act of the National Assembly with binding force, a dedicated regulatory body, and a clearer enforcement framework. Every business that processes…
Businesses should document who owns commissioned work, employee-created materials, software, designs, and content before those assets become commercially important. Copyright questions are often ignored because the work already exists and appears usable. That assumption can become expensive when a business later seeks investment, licensing revenue, or enforcement against infringement. The safest approach is to align…
An IP licensing agreement should state what rights are granted, where they may be used, for how long, on what commercial terms, and what happens when the arrangement ends. Licensing can unlock value without transferring ownership, but only if the boundaries are clear. Poorly drafted licences often create uncertainty around exclusivity, territory, sublicensing, quality control,…
Trademark registration helps businesses protect names, logos, and other brand identifiers by giving them a clearer basis to prevent confusingly similar use. A brand may become valuable long before a business realises it needs formal protection. That is why trademark review should happen early, especially before major marketing spend, expansion, licensing, or investor engagement. The…
A withholding tax clause helps the parties state clearly how deductions, remittances, evidence, and any gross-up obligation will be handled in the contract. Tax disputes in contracts often begin with silence. One party assumes payment is net of withholding tax. The other assumes the agreed amount will be received in full. If the contract does…