Balogun Harold’s Technology & Media lawyers have market-leading experience in the technology and media sectors, advising global media and high-growth tech start-ups doing business in Nigeria.
We act as trusted independent and real-time advisors to technology and media start-ups throughout their entire corporate lifecycle from founder-led business to unicorns and global large-cap public companies. We have advised application software companies, media and internet companies, data & information companies, digital banking & payment companies, industrial tech companies, Fintechs, wealthtech and insurtech companies, systems & deep tech companies, infrastructure software & cyber security companies, retail-tech companies, mobility-tech companies, cloud managed service companies, digital health companies, regtech & suptech companies, amongst others
Our Thinking
Regulating Online Trust & Safety in Nigeria: An Overview
October 22, 2024In Nigeria, the regulatory landscape surrounding online trust and safety is anchored primarily in the Code of Practice for Interactive Computer Service Platforms & Internet Intermediaries (the “Code”). This framework defines the rules that digital platforms must follow, with specific obligations
How VCs Support Start-Ups Post-Investment
October 12, 2024It’s often overlooked but venture capital is more than just a financial investment—it’s a partnership that fuels growth. Beyond the cash infusion, VCs provide critical post-investment management support to help startups achieve critical product and revenue milestones. So, what should you expect from your VC after closing a round?
Intermediary Liability: Legal Considerations for Tech Platforms
September 30, 2024Intermediary liability refers to the legal responsibility of technology platforms for the content posted by their users. In Nigeria, this issue has gained increasing relevance with the rise of social media use, online defamation claims and legislative interest in regulating online harms caused by social media users. One of the key areas of concern is intermediary liability – the responsibility of platforms for user-generated content. Although still evolving, Nigeria’s legal framework on this issue differs significantly from countries like the U.S., making it important for technology platforms to be aware of potential legal risks
Software as a Service in Nigeria: Some Commercial Issues
September 25, 2024When global companies offer Software as a Service (SaaS) in Nigeria, they encounter distinct commercial challenges shaped by the country’s unique legal, economic, and business landscape. From navigating regulatory compliance and overcoming payment barriers to addressing data protection requirements and managing infrastructure limitations, these issues present significant hurdles. Importantly, these considerations differ markedly from those faced by foreign companies operating through local subsidiaries. Below, we explore some of the critical commercial challenges non-resident SaaS providers face when doing business in Nigeria.
Social Media Handles & Data Privacy Rights of Bank Customers
August 30, 2024In a recent judgment, a Nigerian Court upheld a new central banking regulation requiring banks to collect customers' social media account details as part of standard Know Your Customer (KYC) process. Additionally, the Court offered some side remarks on the data privacy rights of bank customers in relation to social media handles, raising concerns about the validity of these observations. This legal update assesses those obiter remarks within the framework of data privacy and constitutional law.
Some Compliance Learnings from FCCPC’s $220 million fine on Meta
August 15, 2024Until FCCPC's Decision imposing a $220m fine on Meta has been successfully appealed, the legal principles enumerated in the decision as well as the conclusions reached therein are generally legally binding on businesses operating in Nigeria. Without a doubt, the Decision has wide-ranging implications for tech companies and online platforms, operating in digital markets in Nigeria. In this client update, we highlight some of the key learnings from the Decision.
Key Competition Law Considerations for SaaS Suppliers and SaaS Resellers in Nigeria
August 14, 2024A growing area of regulatory risk for SaaS resellers and SaaS suppliers involves the requirement and enforcement of resale price maintenance in SaaS Agreements. Under Nigerian competition law (the “FCCP Act”), contractual clauses which stipulate the price which any goods or services must be resold are generally void and unenforceable. Parties to the such contract can also be the subject of a regulatory investigation and a potential imposition of fines by Nigeria’s competition regulator (the “FCCPC”). Resale price maintenance can also be considered to be a form of price fixing, which itself is a specific offence against competition under the FCCP Act.
FCCPC fines Meta Platforms Inc & Whatsapp LLC $220 million
August 13, 2024The FCCPC’s decision (the "Decision") to impose a $220,000,000 fine (the "Fine") on WhatsApp LLC ("WhatsApp") and Meta Platforms Inc. ("Meta") warrants an appellate review due to its unprecedented nature. This Decision affirms the powers of a competition regulator to investigate and penalize breaches of local data privacy regulations (the "NDPA/NDPR"), marking a significant development in Nigeria's data privacy jurisprudence. Additionally, the Decision has the potential to open a floodgate of numerous similar claims against Meta, given the individual right to civil remedies outlined in section 152 of the FCCP Act and section 51 of the NDPA
Fintech Lender not Liable for Breach of Human Rights of Borrower
February 19, 2024Fintech lenders in Nigeria frequently face legal action from their borrowers. Often, these borrowers, who have outstanding debts, initiate court proceedings to stall or avoid repayment altogether. One common claim made by borrowers is that a fintech lender has violated their constitutional rights by involving the Nigerian Police in the debt recovery process. In other cases, a borrower will allege that a fintech lender has violated his/her data privacy rights. In a recent case filed by a borrower against a fintech lender[1], we successfully argued, on behalf of the fintech lender, that the fintech's actions were lawful and did not constitute a violation of the Borrower's constitutional rights.