La Côte d’Ivoire a adopté la loi n°2013-450 du 19 juin 2013 sur la protection des données personnelles afin de répondre aux exigences de la transformation numérique.
L’article 1er de cette loi définit les données à caractère personnel comme étant « toute information de quelque nature qu’elle soit et indépendamment de son support, y compris le son et l’image relative à une personne physique identifiée ou identifiable directement ou indirectement, par référence à un numéro d’identification ou à un ou plusieurs éléments spécifiques, propres à son identité physique, physiologique, génétique, psychique, culturelle, sociale ou économique. »
Ainsi, en vertu de l’article 3, sont notamment soumis à la loi :
-
toute collecte, tout traitement, toute transmission, tout stockage et tout utilisation des données à caractère personnel par une personne physique, l’Etat, les collectivité locales, les personnes morales de droit public ou de droit privé ;
-
tout traitement automatisé ou non de données contenues ou appelées à figurer dans un fichier ;
-
tout traitement de données mis en œuvre sur le territoire national.
L’article 46 de loi créé l’Autorité de protection des données à caractère personnel[1], autorité administrative indépendante chargée de la régulation des télécommunications et des technologies de l’information et de la communication.
Dès lors, tous ces traitements de données sont soumis à une déclaration préalable auprès de l’Autorité de protection des données à caractère personnel. Cette déclaration doit comporter l’engagement que le traitement est conforme à la loi sur la protection des données. L’Autorité de protection des données à caractère personnel délivre, par la suite, un récépissé permettant au demandeur de mettre en œuvre le traitement des données.
NIGERIA
Updated on 01/02/2025
I. Economic Data
A. Macro-economic data
-
General data[1]
- Population in 2023: 223,804,632
- Surface area: 923,773 km²[2]
- Density: 230.44 inhabitants/km².[3]
- GDP (nominal) 2023: $362.81 bn
- GDP (PPP) 2023: $1,414 Md[4]
- GDP (PPP)/person 2023: $1,621.1
- Growth rate: 2.9%
- GNI/capita (PPP): $5,200
- HDI 2019: 0.54[5]
- Literacy rate in 2021: 63%[6]
- Life expectancy in 2022: 54


I. Economic data
A. Macro-economic data
- General data[1]
-
Population 2021: 85,372,377 inhabitants
-
Area: 774,815 km2
-
Density: 98 inhabitants/km2
-
GDP (nominal) 2022: $907.12 bn[2]
-
GDP/capita 2022: $10,674.5[3]
-
GDP (PPP) 2022: $3,182 bn[4]
-
GDP (PPP)/capita 2022: $37,445.2[5]
-
2021 growth rate: 5.5%[6]
-
GNI/capita (PPP) 2021: $30,290
-
HDI 2021: 0.838
-
Literacy rate: 97%[7]
-
Life expectancy 2022: 78.5 years
- Policy[8]
Türkiye is a parliamentary Republic made up of 81 provinces[9]. Since 2014, the President has been Recep Tayyip Erdogan.
In 2017, Mr. Erdogan organized a constitutional referendum. The result was in favor, so now most of the Prime Minister's executive powers have been transferred to the President[10].
Türkiye became a member of the Council of Europe in 1949 and NATO in 1952. In addition, Türkiye was a member of the UN Security Council in 2009 and 2010.
Türkiye officially applied to join the European Union, and became a candidate country in 1999[11]. However, at the time of writing, negotiations between the European Union and Türkiye have not reached a conclusion, and Türkiye is not a member of the European Union.
Türkiye faces tensions with some of its neighbors, particularly Greece, over the status of islands in the Aegean and the delimitation of maritime zones; Cyprus, as Türkiye refuses to recognize the Republic of Cyprus; and Armenia, as the borders between Armenia and Türkiye have been completely closed since 1993.
- Economic development
Türkiye is a member of the OECD and the WTO and is the 20th largest world power.
Türkiye has a high inflation rate of 19.6%. The unemployment rate reached 13.4% in 2021[12].
In 2021, the Turkish currency lost 44% of its value against the dollar[13].
Nevertheless, the Turkish economy coped with the health crisis caused by Covid-19 without going into recession in 2020 and experienced a growth rate of 5.5% for the year 2021[14].
Recently, the Turkish economy has suffered a further shock from the earthquake of February 6, 2023, causing $34bn of damage[15].
- Resources[16]
Türkiye’s main resources are agricultural (wheat, barley, cotton, olives, dried fruit and citrus fruits, rice), mining (coal, lignite, chromium, iron, zinc) and industrial (automobiles, textiles)[17].
Agriculture accounts for 5.5% of GDP, mining and industry 31.1%, and services 63.4%.
The tourism sector generated $13.7 billion in 2020.
- Population
77% of the Turkish population is urban. 22% of the population is under 15, 68% between 15 and 65 and 10% over 65[18].
Türkiye’s five most populous cities are Istanbul (15,462,452 inhabitants), Ankara (5,663,322 inhabitants), Izmir (4,394,694 inhabitants), Bursa (3,101,833 inhabitants) and Antalya (2,548,308 inhabitants)[19].
- Foreign investment[20]
In 2021, foreign direct investment inflows to Türkiye reached $12.5 bn, an increase of 60.2% on 2020.
60% of foreign direct investment inflows come from European countries, 23% from Asia and 16% from America.
Foreign investment is focused on finance (31.6%), manufacturing (24.2%), energy (10.6%), information and communication technologies (8.8%), wholesale and retail trade (8.4%) and transportation and warehousing (4.7%).
In 2020, exports of goods generated $224 bn for Türkiye. Imports reached $253 bn[21].
Politics[7]
Nigeria is a federal republic divided into 36 states.
Since its independence, Nigeria has been switched between military and democratic regimes.
Formerly a British protectorate, Nigeria became independent in 1960. However, this new independence was marked by a period of economic and social tensions. Indeed, until 1970, Nigeria faced famine and civil war, resulting in the loss of the oil-rich Biafra region.
Apart from a brief period of democracy, Nigeria was under authoritarian military rule for twenty years. However, the economic crisis resulting from falling oil prices led to strong calls for democratic reforms.
Nigeria then became a democracy once again and from 1999 to 2015 was led by presidents from the People's Democratic Party.[8]
Since 2015, presidents from the All Progressives Congress have been elected. However, voter turnout is plummeting, with just a quarter of the population voting.
At the time of writing, Bola Tinubu has been the President of the Republic since he was elected on May 29, 2023.
Economic development [9]
Nigeria enjoyed robust growth until 2014, which has since fallen off, including in the non-oil sectors of its economy such as construction, wholesale trade, telecoms and hotels.
Nigeria is now Africa's leading economic power, ahead of South Africa.
Oil and gas production account for the bulk of its exports and revenues, and Nigeria is the world's 10th largest producer of natural gas.
With a view to accelerating the country's industrialization, the government has launched major projects in the gas sector. However, agriculture (cassava, yams, cocoa, peanuts, millet) still plays a major role.
Nigeria remains a vulnerable country due to its weak infrastructure, insufficient economic diversification and corruption.
Nigeria's inflation rate rose for the second consecutive month in October 2024, reaching 33.9%, compared with 32.7% in September. This was mainly due to a rise in food prices.[10]
Population [13]
Nigeria is the most densely populated country on the African continent. The population is densest in the south of the country, while the central part is much less populated.
The Niger Delta and, especially, the South-West are highly urbanized. Lagos has become one of the world's leading megacities, with over 10 million inhabitants.
The population, whose demographic characteristics are those of sub-Saharan countries, is heavily affected by AIDS.
In 2018, 30.9% of the population lived on less than 1.90$ per day. This percentage has fallen sharply since 2003, when it was 47.9% .[14]
Nigeria is the world's 10th largest producer of natural gas.[11] It is the country's main source of exports and revenue.
Tourism earned Nigeria $321 million in 2020.[12]
Resources
Foreign investment

[1] Unless otherwise stated, general data from https://donnees.banquemondiale.org/pays/nigeria?view=chart
[2] https://www.diplomatie.gouv.fr/fr/dossiers-pays/nigeria/presentation-du-nigeria/
[3] https://www.diplomatie.gouv.fr/fr/dossiers-pays/nigeria/presentation-du-nigeria/
[4] https://donnees.banquemondiale.org/indicateur/NY.GDP.MKTP.PP.CD?locations=NG
[6] https://donnees.banquemondiale.org/indicateur/SE.ADT.LITR.ZS?locations=NG
[7] Unless otherwise stated, the information below is taken from
[9] Unless otherwise stated, the information below is taken from the Atlas socio-économique des pays du monde, Larousse, 2024 edition.
[9] Unless otherwise stated, the information below is taken from the Atlas socio-économique des pays du monde, Larousse, 2024 edition.
[10] Source : Trading Economics
[12] Atlas socio-économique des pays du monde, Larousse, 2024 edition.
[13] Unless otherwise stated, the information below is taken from the Atlas socio-économique des pays du monde, Larousse, 2024 edition.
[14] Source : Banque Mondiale
[15]Source : Usher Brooke
I. Economic data
A. Macro-economic data
- General data[1]
-
Population 2021: 85,372,377 inhabitants
-
Area: 774,815 km2
-
Density: 98 inhabitants/km2
-
GDP (nominal) 2022: $907.12 bn[2]
-
GDP/capita 2022: $10,674.5[3]
-
GDP (PPP) 2022: $3,182 bn[4]
-
GDP (PPP)/capita 2022: $37,445.2[5]
-
2021 growth rate: 5.5%[6]
-
GNI/capita (PPP) 2021: $30,290
-
HDI 2021: 0.838
-
Literacy rate: 97%[7]
-
Life expectancy 2022: 78.5 years
- Policy[8]
Türkiye is a parliamentary Republic made up of 81 provinces[9]. Since 2014, the President has been Recep Tayyip Erdogan.
In 2017, Mr. Erdogan organized a constitutional referendum. The result was in favor, so now most of the Prime Minister's executive powers have been transferred to the President[10].
Türkiye became a member of the Council of Europe in 1949 and NATO in 1952. In addition, Türkiye was a member of the UN Security Council in 2009 and 2010.
Türkiye officially applied to join the European Union, and became a candidate country in 1999[11]. However, at the time of writing, negotiations between the European Union and Türkiye have not reached a conclusion, and Türkiye is not a member of the European Union.
Türkiye faces tensions with some of its neighbors, particularly Greece, over the status of islands in the Aegean and the delimitation of maritime zones; Cyprus, as Türkiye refuses to recognize the Republic of Cyprus; and Armenia, as the borders between Armenia and Türkiye have been completely closed since 1993.
- Economic development
Türkiye is a member of the OECD and the WTO and is the 20th largest world power.
Türkiye has a high inflation rate of 19.6%. The unemployment rate reached 13.4% in 2021[12].
In 2021, the Turkish currency lost 44% of its value against the dollar[13].
Nevertheless, the Turkish economy coped with the health crisis caused by Covid-19 without going into recession in 2020 and experienced a growth rate of 5.5% for the year 2021[14].
Recently, the Turkish economy has suffered a further shock from the earthquake of February 6, 2023, causing $34bn of damage[15].
- Resources[16]
Türkiye’s main resources are agricultural (wheat, barley, cotton, olives, dried fruit and citrus fruits, rice), mining (coal, lignite, chromium, iron, zinc) and industrial (automobiles, textiles)[17].
Agriculture accounts for 5.5% of GDP, mining and industry 31.1%, and services 63.4%.
The tourism sector generated $13.7 billion in 2020.
- Population
77% of the Turkish population is urban. 22% of the population is under 15, 68% between 15 and 65 and 10% over 65[18].
Türkiye’s five most populous cities are Istanbul (15,462,452 inhabitants), Ankara (5,663,322 inhabitants), Izmir (4,394,694 inhabitants), Bursa (3,101,833 inhabitants) and Antalya (2,548,308 inhabitants)[19].
- Foreign investment[20]
In 2021, foreign direct investment inflows to Türkiye reached $12.5 bn, an increase of 60.2% on 2020.
60% of foreign direct investment inflows come from European countries, 23% from Asia and 16% from America.
Foreign investment is focused on finance (31.6%), manufacturing (24.2%), energy (10.6%), information and communication technologies (8.8%), wholesale and retail trade (8.4%) and transportation and warehousing (4.7%).
In 2020, exports of goods generated $224 bn for Türkiye. Imports reached $253 bn[21].
B. Specific Franchising Economic Data
History
Africa is a highly promising continent for franchise development. Indeed, countries such as Nigeria, South Africa and Rwanda are among the world's fastest-growing economies.[16]
Nigeria's growing population is an important factor for the development of franchising in the country, which therefore represents a very serious market.[17]
Contract content
The cost of a franchise varies from one business sector to another. For example, Algorithmics, an educational franchise specializing in teaching computer programming to children, requires a total investment of $8,000. On the other hand, for Office Evolution, a master franchise in France specializing in coworking spaces for business customers, the total investment required is $190,000[20].
Institutions
Nigeria has an association specifically devoted to the franchise sector, called the Nigerian International Franchise Association[18]. Its aim is to promote and develop franchising in Nigeria.
Statistics
South Africa has around 800 franchise systems, spanning 14 sectors [23]. In 2018, there were 45,011 outlets in South Africa. 84% of franchisees rate their relationship with the franchisor as very good or good [24].
South Africa is now home to 68,000 franchisees [25]. 40% of them are based in the Gauteng province [26].
The biggest sector in the franchise business is fast food. South Africa has around 85,000 restaurants and over 850 franchises. The international food market is estimated to be worth $4.9 billion by 2026 [27].
In 2022, South Africa had 1,907 businesses and companies in a state of bankruptcy [28].
Economic impact
There are no precise statistics for the Nigerian market alone, but the African franchise market is estimated to be worth nearly $60 billion, with around 300 active networks .[21]
International [22]
Franchising is a fast-growing form of entrepreneurship in Nigeria, representing an investment opportunity for entrepreneurs. Franchising is particularly popular in the fast-food sector, with the Kentucky Fried Chicken franchise for example.
Numerous international franchises have set themselves up in Nigeria. For example, the French group Carrefour, present in Africa through its partnership with the Compagnie française de l'Afrique occidentale (CFAO), has a presence in Nigeria. The American Marriott group has 111 hotels in Africa, including 3 in Nigeria.
There are also many African franchisors in the fast-food and traditional restaurant sectors. Nigerian brands include Mr. Bigg's, which has 170 restaurants in Nigeria. Chicken Republic has 65 restaurants in Nigeria.
Nigerian brands include Big Treat, Charlies, Favorites, Frechies, Friends, Gina's Fast Food Delite, Kas Chicken, Kigstine Jo Snacks & Burger, Sweet Sensation, Tastees Fried Chicken (TFC) and The Kitchen.
Statistics [19]
In 2020, the Nigerian National Franchise Association estimated that in the next ten years the number of franchises in the country could reach 80,000, with 50,000 home grown and 30,000 international brands.
The development of franchising in Nigeria could directly create 2.1 million jobs, and almost 8 million indirectly.
Trade show
The Middle East Franchise Fair (MEFF), the first regional and travelling franchise fair in the Middle East, will take place from September 12 to 14, 2024 at the Doha Exhibition and Convention Centre. The fair is organized by Silvertrade, in collaboration with events company Al Maraya Public Relations[24].
[18] Source : WeFranchiz
[19] Source : Nigerian Franchise
[20] http://www.nigerianfranchise.org/newsletter.html
[21] Source : WeFranchiz
[22] Source : Franchise Directe
[23] Source : WeFranchiz
[24] L'Afrique : un continent prometteur pour la franchise internationale et locale, Presses universitaires de Provence, Rozenn Perrigot, edition 2018, p.141-153
[25] Unless otherwise stated, the information below comes from: https://iclg.com/practice-
Applicable legislation [23]
There is no specific legislation governing franchising. There is therefore no legal definition of franchising. However, franchising is defined by the Nigerian International Franchise Association as a business arrangement whereby the franchisor grants the franchisee the right to distribute certain products or services in a specific way, at a particular location and for a specified period of time. In exchange, the franchisee pays fees and royalties to the franchisor. [24]
There are no specific provisions governing the language in which franchise agreements must be drawn up. However, as the official language of Nigeria is English, in practice all documents must be drawn up in English.
Nevertheless, there is a Nigerian law on technology between foreign and Nigerian entities, the NOTAP act: National Office for Technology Acquisition and Promotion act. [25]
Jurisdiction and applicable law [28]
Nigeria has ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, concluded in New York on June 10, 1958.[29]
In addition, Section 6 of the NOTAP Act provides that NOTAP has the power to reject the registration of any franchise agreement which requires the franchisee to submit to foreign jurisdictions, in the event of any dispute concerning the interpretation or enforcement of franchise agreements in Nigeria.
In practice, it should be noted that NOTAP prefers that Nigerian law be adopted as the law governing the franchise contract. It is quite rare for another law to be chosen to govern contracts, in particular English law, or for a foreign jurisdiction to be recognized as competent.
Pre-contractual information
There is no legal obligation for the franchisor to provide pre-contractual information to the prospective franchisee prior to signing the contract.
However, as early as 1981, the Nigerian Supreme Court held in Kuforji & Anor v. V.Y.B Nig. Ltd, that pre-contractual misrepresentation was actionable. [26]

Contract perfomance [27]
According to the NOTAP Act, a franchise contract cannot be registered if the contract contains any provision imposing a resale price, whether for products intended for local consumption or for export.
The NOTAP Act requires technology transfers to be registered with NOTAP (National Office for Technology Acquisition and Promotion). As a general rule, NOTAP grants registration of franchise agreements for a renewable period of 3 years. Section 4 of the NOTAP Act specifies that registration is required if the contract has the purpose or consequence, in whole or in part, of being related to one of the following activities:
-
use of a trademark;
-
use of a patented invention;
-
provision of technical expertise in the form of technical assistance of any kind;
-
supply of detailed engineering drawings;
-
supply of machines and plants;
-
provision of operating staff, management assistance and staff training.
As franchises meet several of these criteria, they are subject to the NOTAP Act and therefore to this registration requirement.
Furthermore, the NOTAP Act states that contracts qualifying as technology transfer contracts may not exceed 10 years in duration.
Trademarks [30]
Trademarks and copyright are protected in Nigeria. On March 17, 2023, the President of the Federal Republic of Nigeria signed the Copyright Act[31] into law, which repeals the previous Copyright Act of 2004, ratifies existing copyright treaties and introduces new provisions into the law.
In terms of trademark law, Nigeria operates a registration system. Any word, brand, letter, number, company name, ticket, label or device can be registered with the Trademark registry.
On the other hand, trademarks that are too generic, misleading or descriptive, geographical names in their common meaning and chemical substances are ineligible for registration.
Nigeria operates on a first-to-file basis. This means that whoever registers the trademark first enjoys legal protection. To be valid, the application must be made before the Registrar of Trademarks, and must contain specific details such as the nature of the goods and their classification.
The trademark is registered for an initial period of 7 years, with the possibility of a second registration for up to 14 years. Currently, the registration process takes between 12 and 18 months.
Unregistered trademarks can also be protected in Nigeria under the common law offence of passing off (fraudulent substitution). In this case, the owner of the unregistered trademark must prove three cumulative elements:
-
acquisition of goodwill associated with the brand;
-
use of the trademark by a third party is likely to cause confusion or deception;
-
the use of the brand by a third party is likely to cause damage.
Business secrecy, on the other hand, is not legally protected in Nigeria. It may, however, be protected by contract or by applicable general legal principles.
II. Legal information
A. Legal information directly related to the franchising

[23] Unless otherwise stated, the information below comes from: ICLG
[24] Source : Nigerian Fanchise
[25] National Office for Technology Acquisition and Promotion act, created by decree n°70/1979
[26] Source : VLEX
[27] Unless otherwise stated, the information below comes from: ICLG
[28] Unless otherwise stated, the information below comes from: ICLG
[29] https://www.newyorkconvention.org/french
[30] Unless otherwise stated, the information below comes from: ICLG
[31] wipo
I. Economic data
A. Macro-economic data
- General data[1]
-
Population 2021: 85,372,377 inhabitants
-
Area: 774,815 km2
-
Density: 98 inhabitants/km2
-
GDP (nominal) 2022: $907.12 bn[2]
-
GDP/capita 2022: $10,674.5[3]
-
GDP (PPP) 2022: $3,182 bn[4]
-
GDP (PPP)/capita 2022: $37,445.2[5]
-
2021 growth rate: 5.5%[6]
-
GNI/capita (PPP) 2021: $30,290
-
HDI 2021: 0.838
-
Literacy rate: 97%[7]
-
Life expectancy 2022: 78.5 years
- Policy[8]
Türkiye is a parliamentary Republic made up of 81 provinces[9]. Since 2014, the President has been Recep Tayyip Erdogan.
In 2017, Mr. Erdogan organized a constitutional referendum. The result was in favor, so now most of the Prime Minister's executive powers have been transferred to the President[10].
Türkiye became a member of the Council of Europe in 1949 and NATO in 1952. In addition, Türkiye was a member of the UN Security Council in 2009 and 2010.
Türkiye officially applied to join the European Union, and became a candidate country in 1999[11]. However, at the time of writing, negotiations between the European Union and Türkiye have not reached a conclusion, and Türkiye is not a member of the European Union.
Türkiye faces tensions with some of its neighbors, particularly Greece, over the status of islands in the Aegean and the delimitation of maritime zones; Cyprus, as Türkiye refuses to recognize the Republic of Cyprus; and Armenia, as the borders between Armenia and Türkiye have been completely closed since 1993.
- Economic development
Türkiye is a member of the OECD and the WTO and is the 20th largest world power.
Türkiye has a high inflation rate of 19.6%. The unemployment rate reached 13.4% in 2021[12].
In 2021, the Turkish currency lost 44% of its value against the dollar[13].
Nevertheless, the Turkish economy coped with the health crisis caused by Covid-19 without going into recession in 2020 and experienced a growth rate of 5.5% for the year 2021[14].
Recently, the Turkish economy has suffered a further shock from the earthquake of February 6, 2023, causing $34bn of damage[15].
- Resources[16]
Türkiye’s main resources are agricultural (wheat, barley, cotton, olives, dried fruit and citrus fruits, rice), mining (coal, lignite, chromium, iron, zinc) and industrial (automobiles, textiles)[17].
Agriculture accounts for 5.5% of GDP, mining and industry 31.1%, and services 63.4%.
The tourism sector generated $13.7 billion in 2020.
- Population
77% of the Turkish population is urban. 22% of the population is under 15, 68% between 15 and 65 and 10% over 65[18].
Türkiye’s five most populous cities are Istanbul (15,462,452 inhabitants), Ankara (5,663,322 inhabitants), Izmir (4,394,694 inhabitants), Bursa (3,101,833 inhabitants) and Antalya (2,548,308 inhabitants)[19].
- Foreign investment[20]
In 2021, foreign direct investment inflows to Türkiye reached $12.5 bn, an increase of 60.2% on 2020.
60% of foreign direct investment inflows come from European countries, 23% from Asia and 16% from America.
Foreign investment is focused on finance (31.6%), manufacturing (24.2%), energy (10.6%), information and communication technologies (8.8%), wholesale and retail trade (8.4%) and transportation and warehousing (4.7%).
In 2020, exports of goods generated $224 bn for Türkiye. Imports reached $253 bn[21].
B. Peripheral legal information
Competition law [32]
The Federal Competition and Consumer Protection Act, of 2018[1], governs competition law in Nigeria. This act prohibits any individual from entering into a contract that has the effect of restricting or preventing competition. Any contract that breaches this law is null and void and has no legal effect.
Nigeria's competition law prohibits any agreements restricting competition and any abuse of a dominant position.
Section 59 of the Federal Competition and Consumer Protection Act prohibits cartels, stating:
"(I)Any agreement among undertakings or a decision of an association of undertakings that has the purpose of actual or likely effect of preventing, restricting or distorting competition in any market is unlawful and, subject to Article 61 of this Act, void and of no legal effect.
Acts prohibited under subsection (I) include, but are not limited to:
-
directly or indirectly fixing a purchase price or selling price of goods or services subject to section 107 of this Act;
-
dividing markets by allocating customers, suppliers, territories or specific types of goods or services;
-
limiting or controlling production or distribution of any goods or services, markets, technical development or investment, subject to section 108 of this Act;
-
engaging in collusive tendering, subject to section 109 of this Act;
-
making the conclusion of an agreement subject to acceptance by other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such an agreement."
Section 60 specifies that article 59 does not apply if the agreement:
-
contributes to the improvement of the production or distribution of goods, services or the promotion of technical or economic progress, while allowing consumers to receive a fair share of the resulting benefit;
-
imposes on the undertakings concerned only those restrictions as are indispensable to the attainment of the objectives;
-
does not afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the goods or services concerned.
Sections 61 to 69 set out the provisions under which competition law may or may not apply.
Finally, Section 70 defines abuse of a dominant position:
"(1) An undertaking is considered to be in a dominant position if it is able to act without taking account of the reaction of its customers, consumers or competitors.
(2) A dominant position in a relevant market exists where an undertaking enjoys a position of economic strength enabling it to prevent effective competition being maintained on the relevant market and having the power to behave to an appreciable extent independently of its competitors, customers and ultimately consumers.
(3) The Commission shall publish the size of market share that may constitute a dominant position in particular markets."
Finally, Sections 71 to 75 set out the conditions for assessing abuse of a dominant position.
The Federal Competition and Consumer Protection Act created the Federal Competition and Consumer Protection Commission[33] to enforce competition law.
Personal data [35]
A data protection law was enacted in Nigeria in 2023, the Nigeria Data Act. This law guarantees a formal legal framework for the protection of citizens' personal information in the country.
Section 25 (1) of the Nigeria Data Act sets out the where personal information can lawfully be collected, namely:
-
the data subject has given and not withdrawn consent for the specific purpose(s) for which the personal data is to be processed, or;
-
processing is necessary:
-
for the performance of a contract to which the data subject is a party or to take action at the request of the data subject before entering into a contract;
-
to comply with a legal obligation to which the controller or processor is subject;
-
to protect the vital interests of the person concerned or of another person;
-
for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller or processor;
-
for the purposes of the legitimate interests pursued by the controller or processor, or by a third party to whom the data is disclosed.
Section 25 (2) of the Nigeria Data Act states that the processing of personal data is not lawful where:
-
it overrides the fundamental rights, freedoms and interests of the person concerned;
-
it is incompatible with other legal bases for processing under the subsection
-
the data subject has no reasonable expectation that the personal data will be processed in the way envisaged.
-
This new law set up the Nigerian Data Protection Commission (NDPC)[1], which replaces the Nigerian Data Protection Bureau (NDPB). Its mission is to regulate and promote the deployment of technological and organizational measures to improve the protection of personal data. However, it also has the task of imposing sanctions for any breach of the provisions of the Act or subsidiary legislation deriving from it.
Special provisions for foreign investments[37]
There are specific provisions concerning foreign investment. The Companies and Allied Matters Act , 2020, requires any foreign company doing business in Nigeria to incorporate a local company into its business.
In addition, the Immigration Act of 2015, as well as the Nigerian Investment Promotion Commission Act (Chapter N1), require foreign companies to be registered and obtain a business permit in order to set up in Nigeria with the Nigerian Investment Promotion Commission .[38]