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