Experts speak on cross border application of data protection regulation at UUBO 5th webinar series

Experts from regulatory bodies, law firms, ICT and data protection firms have explained how data can be transferred from country to country with the application of the right data regulations.

Speaking during the 5th session of its September series webinar organised by Udo Udoma & Belo-Osagie (UUBO) in collaboration with its Investigations, Compliance and Ethics (ICE) Team, titled: Cross Border Application of Data Protection Regulation, Olufemi Daniel Esq, Lead, Regulations Monitoring and Compliance, National Information Technology Development Agency, (NITDA) said to transfer data on a trans-border basis, there must be a stated legal basis for the transfer to be done.

Daniel Esq explained that except for security and other peculiar issues, it is expected that the data subject should be informed of the data transfer, adding that the objective of the Nigerian Data Protection Regulation, (NDPR) is that Nigerian businesses should be afforded the opportunity to interact globally.

He further explained that one of the propositions Nigeria is making is that Africa should be made a single market, so that if data is being transferred to other countries, it should be a seamless continental transfer rather than a cross border transfer.

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“There are lots of data going in and coming out of Nigeria as a result of our population and size. The philosophy behind the Nigerian Data Protection Regulation, (NDPR) is to ensure Nigerian businesses remain competitive in the global economy. We want to ensure we have a pragmatic law that meets the global acceptable minimal standard that we can start on. The NDPR recognises the right to transfer data outside of Nigeria except for government data,” Daniel Esq added.

After four successful and engaging events, Udo Udoma & Belo-Osagie’s Investigations, Compliance and Ethics (ICE) Team held the fifth session of the “UUBO ICE September Series 2020”.

The UUBO ICE September Series is an interactive series of webinar sessions held every Wednesday in September 2020 between 2.00 p.m and 3.30 p.m.

Each session features curated panels of local and international stakeholders and experts, offering richly diverse cross-border perspectives, experience, and best practices on topical ICE issues.

Jumoke Lambo, partner in the law firm of Udo Udoma & Belo-Osagie (UUBO) and head Immigration, Business Establishment and Advisory Teams stated that the need for companies or organisations, who collect, process, store or transfer the data of persons from other jurisdiction to be aware of the obligations imposed by the data protection and privacy laws of different jurisdictions cannot be overemphasized.

Lambo said companies are finding it imperative to retain law firms who provide data protection advice to enable them to navigate this ever-changing terrain and remain compliant, adding that this is one of the services that the UUBO data protection practice provides to clients.

Also speaking at the webinar, Rebecca Cousin, partner Slaughter and May’s corporate and commercial group said it is key for businesses wherever in the world they may be to understand when the General Data Protection Regulation (GDPR) applies and when it doesn’t and also to know those grey areas so they understand where there are ambiguity which can be helpful.

Elena Agaeva, head M&A and Corporate Practice, St. Petersburg office of Egorov Puginsky Afanasiev & Partners gave instances when Russian regulations can apply in the transfer of data. “Data localisation rules means if a company collects personal data of Russian citizens, it must ensure that primary collection of data is made in Russia with a Russian server,” she said.