7.2
NITDA shall coordinate transfer requests with the office of the
Attorney-General of the Federation (‘AGF’). A ‘white-list’ of jurisdictions
(the ‘White List’) has been compiled and is set out in Annexure C to
this Framework. Where transfer to a jurisdiction outside the White List
is being sought, the Data Controller shall ensure there is a verifiable
documentation of consent to one or more of the exceptions stated in
Article 2.12 of the NDPR.
7.3
Data Transfer to subsidiaries or headquarters outside Nigeria
Where an organization seeks to transfer personal data to another entity
within its group of companies or an affiliate company, it would suffice
for the organization to provide a Binding Corporate Rule (BCR) or sign
a Standard Contracting Clauses (SCC) to be adopted by industry and
NITDA. The BCR or SCC may be included in the data audit report or
submitted separately to NITDA.
8.0
RETENTION OF RECORDS (Art. 2.1(1c) NDPR)
8.1
The Regulation does not explicitly provide for a time period for the
retention of data, because the retention period in certain scenarios may
be subject to existing laws or contractual agreements. Every data
Controller Report shall specify the duration of storage clearly in its terms
of service or other binding document.
8.2
Where the retention period of Personal Data is not specified in the
contract between the parties or by applicable law, the retention period
shall be:
a)
3 (three) years after the last active use of a digital platform
b)
6 (six) years after the last transaction in a contractual agreement
c)
Upon presentation of evidence of death by a deceased’s relative
d)
immediately upon request by the Data Subject or his/her legal
guardian where (i) no statutory provision provides otherwise and
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