Cybercrimes (Prohibition, Prevention, ETC) Act 2015
The Cybercrimes (Prohibition, Prevention, ETC) Act 2015 was signed into law on 15 May, 2015. Prior to its enactment, Nigeria had very little legal protection on the use of the internet.
Expectedly, the objectives of the Act include: to provide a detailed and unified framework for the detection, prosecution, prevention and punishment of crimes committed over the cyberspace in Nigeria; (b) to protect vital national information; (c) to boast security on the internet for electronic communications, data, intellectual property, privacy etc.
The Act introduced a few landmark provisions for tackling crime in the cyber space. It grants courts the power to issue exparte warrants allowing the entry, search, and closure of buildings or property used to commit such crimes. The Act also penalizes cybersquatting, cyberbullying, computer phishing, spamming, spreading of computer viruses etc. These offences are punishable with prison terms or fines of between N250,000 to N10,000,000.
Other notable provisions of the Act include provisions on electronic signatures. It allows use of electronic signatures to buy goods and other transactions. The Act, however, does not allow the use of electronic signature in some transactions relating to certificates of birth and death; matrimonial causes, testamentary materials and court documents.
Under the Act, the President has the power to make guidelines and rules for protecting, storing, and accessing information considered to be of national importance. Also, the Act mandates all operators of cybercafes to register their businesses with both the Computer Professionals Registration Council and the Corporate Affairs Commission.
Importantly, telecommunication operators are required to retain subscribes’ information for two years, i.e. traffic on their networks.
Although this Act has been legally enacted, it has not received a lot of public attention because it is yet to be published in the Official Gazette of Nigeria. The Act does however offer significant prospects in tackling the pervasive problem of cybercrime.
National Information Technology Development Agency Act 2007
The National Information Technology Development Agency Act 2007 became effective in April 2007.
The Act established the National Information Technology Development Agency with the following objectives: a) to create a framework for the research, development and regulation of information technology systems, activities and practices in Nigeria, b) to develop guidelines for monitoring the use of electronic transactions in areas of commerce, c) to advise the government on ways of promoting the development of information technology in Nigeria by introducing appropriate legislation; and (d) to accelerate internet penetration in Nigeria and encourage its sound governance.
The Agency operates under the supervision of the Federal Ministry of Communication and Technology. The Act also established the National Information Technology Development Fund which is funded 1% of the taxable profit of companies who use IT for their core operations. They include pension managers, internet service providers information technology companies, insurance and financial institutions etc.
Most importantly, the Act introduces a novel regime in IT industry. The Act empowers the Minister in charge to designate, facilitate and encourage the development of information technology parks, which may on the approval of the President be declared Free Zones. This seems to be the first of its kind in Nigeria. It appears the Act is encouraging a Nigerian “Silicon Valley”.
Further, the Agency has issued Guidelines on Nigerian Content in Information and Communications Technology (ICT) which came into effect on December 3, 2013. This is another innovative idea. As with the Local Content Act in the oil and gas industry, the Guidelines were issued to promote inclusion of Nigerian content in IT industry, which is largely dominated by foreign products. The Guidelines require multinational companies to provide a local content development plan for the creation of jobs, recruitment of local engineers, human capital development and value creation for the local ecosystem.
National Office of Technology Acquisition and Promotion Act
The National Office of Technology Acquisition and Promotion Act came into effect in September, 1979. It was amended once, in 1992. The Act established the National Office of Technology Acquisition and Promotion.
The Agency's main objectives are to facilitate and monitor the inflow of foreign technology into Nigeria. The Agency also identifies and adapts imported technology to Nigeria.
The Agency also has powers to register and monitor all contracts or agreements signed by a Nigerian and a foreign technical partner for the transfer of foreign technology to Nigeria. The contracts covered by this Act include contracts for the use of trademarks or patented inventions, supply of technical expertise, detailed engineering, machinery and plants, provision of operating staff or training of personnel. Under the Act, every contract or agreement for the transfer of foreign technology must be registered with the Agency not later than 6 months after commencement.
To be registrable under the Act, a technology transfer agreement must contain details of the objectives of the agreement, obligation or services to be rendered, training or capacity building plans, information about the technical experts who will execute the agreement, and the fees involved. The Act permits the Agency to refuse registration for any agreement whose purpose is to, among other things, transfer technology which is either freely available in Nigeria; whose consideration is not commensurate with the technology being acquired; which contains some limitation on technological research or development or resale of the outcome of the technology transferred etc.
If a registrable agreement is, however, not registered, the Nigerian beneficiary will not be able to approach the official foreign exchange market to remit royalties, fees or interest that may be due to the foreign owner of the technology or trade mark. Also, the Act empowers the Agency to cancel any registration in respect of any agreement which is found to have been amended or modified in contravention of the Act.
With over 90 percent of the technology that powers the Nigerian economy being imported, the relevant government agencies have identified the need to encourage local research institutes to develop the necessary capacity and promote indigenous technology which would result in the improvement of the economy and reduction in capital flight. To this end, the Agency is in talks with other relevant government agencies, i.e. the Nigerian Investment Promotion Commission; National Agency for Science, Engineering and Infrastructure; Nigerian Export Promotion Council; National Agency for Science and Engineering Infrastructure; The Bank of Industry, and Nigerian Information Technology Development Agency etc., to harness intellectual property assets, exploitation inventions and innovations, amongst other things. This would be achieved by the execution of memoranda of understanding and strategic alliances to guide the operations of the parties to these agreements.
NOTAP had, as at November, 2006, established fifteen Intellectual Property Technology Transfer Offices (IPTTOs) in Universities, Polytechnics and Research Institutions in Nigeria, to promote interaction and strengthen the linkage between University/Research Institutions and Industries. This mechanism was established to facilitate partnership activities in the region where the tertiary/Research Institutions are located and beyond, with a view to improving regional economic potential.
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