Case 14SaaS legal compliance in Nigeria
Making a SaaS company’s standard contracts work under Nigerian law.
A software company selling into Nigeria on its global terms needed to know which of those terms would hold, which would not, and how to get paid and stay tax compliant.
- Client
- SaaS company (confidential)
- Sector
- Software as a service
- Practice
- Venture & Technology
- Jurisdiction
- Nigeria
The brief
Our client, a software-as-a-service company, was signing Nigerian customers on the same standard terms it used in other markets.
It engaged us as local counsel to check those terms against Nigerian law and to advise on the practical questions of collecting payment and meeting its tax obligations.
Our advice
- 01
Standard contracts
Reviewing the terms of service, subscription agreement and order forms for enforceability in Nigeria, including limitation of liability, governing law, dispute resolution and consumer protection rules.
- 02
Local amendments
Preparing a Nigerian addendum so the company could keep one global template while meeting local requirements.
- 03
Payments
Advising on collecting subscription fees from Nigerian customers, including currency, payment processors and foreign exchange rules.
- 04
Tax
Advising on VAT on digital services supplied by non-resident companies, withholding tax on customer payments, and when the company would have a taxable presence in Nigeria.
- 05
Data protection
Aligning the contracts and data processing terms with the Nigeria Data Protection Act.
Outcome
The company kept its global contract template, with a Nigerian addendum that made it enforceable locally and a clear position on payments and tax.