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Section 64 Nigeria Data Protection Act 2023

Section 64 Nigeria Data Protection Act 2023

Section 64 of the Nigeria Data Protection Act 2023 is about Transitional provisions. It is under Part XII (Miscellaneous Provisions) of the Act.

(1) A reference to the Nigeria Data Protection Bureau (in this section referred to as “the Bureau”) existing before the commencement of this Act, or a document issued in the name of the Bureau, shall be read as a reference to the Commission established under this Act, and all persons engaged by the Commission shall have the same rights, powers and remedies as existed in the Bureau before the commencement of this Act.

(2) For the purpose of subsection (1) —
(a) a person who, prior to the commencement of this Act, was an officer, employee or member of staff of the Bureau shall continue in office, and be deemed to have been appointed under this Act on such terms and conditions not less favourable than that enjoyed prior to the transfer of service ;

(b) all existing agreements and contracts currently in effect by the Bureau, as it relates to the provisions of this Act shall continue ;

(c) all records and equipment previously belonging to or allocated for use to the Bureau shall become, on the effective date of this Act, part of the records and equipment of the Commission ;
(d) properties held immediately before the commencement of this Act on behalf of the Bureau shall on the commencement of this Act, be vested in the Commission established under this Act ;

(e) any proceeding or cause of action pending or existing immediately before the commencement of this Act by or against the Bureau, in respect of any right, interest, obligation or liability may be commenced or continued, as the case may be by the Commission ; and

See also  Section 1 of the 1999 Constitution of Nigeria (Updated)

(f) all orders, rules, regulations, decisions, directions, licences, authorisations, certificates, consents, approvals, declarations, permits, registrations, rates or other documents that are in effect before the coming into effect of this Act and that are made or issued by the National Information Technology Development Agency or the Bureau shall continue in effect as if they were made or issued by the Commission until they expire or are repealed, replaced, reassembled or altered

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