party to process the data obtained from Data Subjects shall ensure adherence to
this Regulation.
2.8
OBJECTIONS BY THE DATA SUBJECT
The right of a Data Subject to object to the processing of his data shall always be
safeguarded. Accordingly, a Data Subject shall have the option to:
a) object to the processing of Personal Data relating to him which the Data
Controller intend to process for the purpose of marketing;
b) be expressly and manifestly offered the mechanism for objection to any form
of data processing free of charge.
2.9
ADVANCEMENT OF RIGHT TO PRIVACY
Notwithstanding anything to the contrary in this Regulation, the privacy right of a
Data Subject shall be interpreted for the purpose of advancing and never for the
purpose of restricting the safeguards Data Subject is entitled to under any data
protection instrument made in furtherance of fundamental rights and the Nigerian
laws.
2.10
PENALTY FOR DEFAULT
Any person subject to this Regulation who is found to be in breach of the data
privacy rights of any Data Subject shall be liable, in addition to any other criminal
liability, to the following:
a) in the case of a Data Controller dealing with more than 10,000 Data
Subjects, payment of the fine of 2% of Annual Gross Revenue of the
preceding year or payment of the sum of 10 million Naira, whichever is
greater;
b) in the case of a Data Controller dealing with less than 10,000 Data
Subjects, payment of the fine of 1% of the Annual Gross Revenue of the
preceding year or payment of the sum of 2 million Naira, whichever is
greater.
2.11
TRANSFER TO A FOREIGN COUNTRY
Any transfer of Personal Data which is undergoing processing or is intended for
processing after transfer to a foreign country or to an international organisation
shall take place subject to the other provisions of this Regulation and the
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NIGERIA DATA PROTECTION REGULATION