What Companies Need to Know About the CyberCrime Act, 2015 by Kayode Adeniji
What Companies Need to Know About the CyberCrime Act, 2015 by Kayode Adeniji

CyberCrime Act, 2015 by Kayode Adeniji

By Editor

Nigeria and the Cyber Crime Act 2015

  Nigeria has more potential than any African nation to become a world power. To achieve this, leaders must treat every bill passed by the National Assembly as a tool for national growth. Corporate bodies must view the Cyber Crime Act 2015 as an economic opportunity, not just as punishment for online fraud. The law can attract foreign investment and strengthen Nigeria’s cyber space. Below are key provisions of the Act that affect private organisations.   President’s Power to Designate   The President, on the advice of the National Security Adviser, may declare certain computer systems as Critical National Information Infrastructure. This power is similar to declaring a state of emergency on an organisation’s network if interference threatens national security, health, or safety. Companies must therefore protect their systems from hacking, or the President could order restrictions on access and data transfer. (Sec. 3(2))   Electronic Signature   Organisations must secure their electronic signatures against forgery. The law makes electronic signatures in online transactions legally binding. If an alleged author denies a signature, he must prove it did not come from his system or network.   Reporting Cyber Threats (Sec. 21 (1-3))   Anyone running a computer system, public or private, must report cyberattacks to the National Computer Emergency Response Team (CERT) within seven days. CERT may then isolate affected systems until resolution. Companies that fail to report face denial of internet services and a fine of ₦2 million.   This puts companies in a dilemma: either report and risk business disruption, or fix the breach internally without CERT involvement. If the in-house fix fails, the organisation faces heavy liability.   Breach of Confidence by Service Providers (Sec. 29)   Before this Act, service providers operated unchecked, and consumers could only cancel contracts. Now, companies can hold providers accountable for poor services when financial losses are provable. The Act empowers businesses to demand quality.   However, the Act failed to create a specialised enforcement agency. Law enforcement bodies like the Police or EFCC may lack the technical expertise to handle such cases effectively. Until a specialised agency exists, companies must rely on current agencies.   Employee Responsibility (Sec. 31)   Employees must surrender all codes and access rights to employers upon exit. Failure attracts three years’ imprisonment, a ₦3 million fine, or both. HR departments should insert this rule into disengagement letters to protect company systems.   Duties of Service Providers to Law Enforcement (Sec. 40)   National security overrides privacy concerns. Service providers must release requested information to law enforcement. Failure attracts a ₦10 million fine. Company owners also risk three years in prison and a ₦7 million fine.   To stay protected, organisations should add clauses in contracts requiring service providers to notify them whenever law enforcement requests access to company data.         Kayode Adeniji is a dispute lawyer, resolution expert, and author of Righteous Man in Power. Contact: olukayodeadeniji@gmail.com     —

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