b) if the Data Subject's consent is given in the context of a written
declaration which also concerns other matters, the request for consent
shall be presented in a manner which is clearly distinguishable from the
other matters, in an intelligible and easily accessible form, using clear
and plain language. Any part of such a declaration which constitutes an
infringement of this Regulation shall not be binding on the Data Subject;
c) prior to giving consent, the Data Subject shall be informed of his right
and method to withdraw his consent at any given time. However, the
withdrawal of consent shall not affect the lawfulness of processing based
on consent before its withdrawal;
d) when assessing whether consent is freely given, utmost account shall be
taken of whether the performance of a contract, including the provision
of a service, is conditional on consent to the processing of Personal Data
that is not necessary (or excessive) for the performance of that contract;
and
e) where data may be transferred to a third party for any reason
whatsoever
2.4
DUE DILIGENCE AND PROHIBITION OF IMPROPER MOTIVES
(a) No consent shall be sought, given or accepted in any circumstance that
may engender direct or indirect propagation of atrocities, hate, child rights
violation, criminal acts and anti-social conducts;
(b) A party to any data processing contract, other than an individual Data
Subject, shall take reasonable measures to ensure the other party does
not have a record of violating the principles set out in Part 3 and he is
accountable to NITDA or a regulatory authority for data protection within or
outside Nigeria; accordingly, every Data Processor or Controller shall be
liable for the actions or inactions of third parties who handle the Personal
Data of Data Subjects under this Regulation;
(c) In this Part, “a party” shall include directors, shareholders, servants and
privies of the contracting party; and record shall include report of public
9
NIGERIA DATA PROTECTION REGULATION