C 2622 2010 No.

Electronic Transactions

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	23.—(1) A data holder must implement appropriate technical and

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organizational measures. and exercise reasonable care to protect personal

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data against accidental or unlawful destruction or accidental loss and against

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unauthorized alteration, processing, disclosure or access, in particular where

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the processing involves the transmission of data over a network, and against

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all other unlawful forms of processing.

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implementation, such measures shall ensure a level of security appropriate

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to the risks represented by the processing and the nature of the data to be

(2) Having regard to the state of the art and the costs of their

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protected.

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	24. The data holder must, where processing is carried out on his

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behalf, choose a processor who provides sufficient guarantees in respect

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of the technical security measures and organizational measures governing

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the processing to be carried out and must ensure compliance with those

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measures.

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	25. NITDA may in consultation with any appropriate regulatory body,

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develop rules and guidelines for Data Protection in Nigeria.

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Part V — Electronic Contracts

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	26.—(1) In the context of contract formation, unless otherwise agreed

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by the parties, an offer and acceptance may be expressed by means of a

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document as defined in this Act.

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shall not be denied validity or enforceability on the ground that a document

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was used for that purpose.

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Provided that the interaction results in the agents engaging in operations that

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confirm or indicate the existence of a contract.

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agent and a natural person.

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	(b) A contract is formed if the person has reason to know that he is

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dealing with an electronic agent and the person takes actions or makes a

(2) Where a document is used in the formation of a contract, that contract

(3) A contract may be formed by the interaction of electronic agents:

(4) (a) A contract may be formed by the interaction of an electronic

Select target paragraph3