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Experts Advise African Firms Processing EU Personal Data

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A piece of advice has been given to organisations in Africa processing the personal information of data subjects from within the European Union (EU).

 

At an event hosted by Baker McKenzie and Cognia Law in Johannesburg, Head of the Technology, Media and Telecommunications Practice Group at Baker McKenzie in Johannesburg, Mr Darryl Bernstein, warned organisations doing such to already have effective General Data Protection Regulation (GDPR) compliance procedures in place, including Data Breach Security Checklists, impact assessments and subject data requests procedures.

 

Mr Bernstein said this due diligence is not only required by the GDPR regulation but can significantly reduce the risks associated with security breaches, raise awareness of the GDPR and ensure that companies have appropriate technical and organisational measures in place to comply with the legislation.

 

He further said it was essential for organisations to have a General Data Protection Regulation (GDPR) Data Security Breach Checklist in place to assess the risks of a data security breach and to implement a plan to contain and manage any data breaches.

 

Mr Bernstein noted that the first step on any organisation’s GDPR Data Security Breach Checklist should be to assess the risks associated with a data security breach.

 

“It is essential to know whose data might have been disclosed, what type of data has been breached and if it contains sensitive information.

 

“Affected organisations should also asses the volume of data disclosed and if any of the data has been lost or damaged. The cause of the breach and where in the world the breach occurred must also be investigated,” he said.

 

Mr Bernstein explained that step two on the Checklist should be to contain the breach and recover the data.

 

“Organisations who have fallen victim to a data breach must establish who will investigate the breach, who will assist with the containment of the breach and/or the recovery of information and if action should also be taken to prevent the breach from recurring. This is also the time to inform the police, if appropriate to do so,” the data expert said.

 

During step three, organisations must notify all data subjects who have had their private information breached.

 

“According to the GDPR, notification must take place without undue delay and no later than 72 hours after the breach has occurred. The nature and scope of the breach, as well as its consequences and the measures taken to rectify it, must also be disclosed to affected data subjects,” he said.

 

Mr Bernstein explained that South African organisations will have to have a similar checklist in place in order to comply to the soon to be implemented Protection of Personal Information Act (POPIA).

 

POPIA stipulates that a data breach must be notified as soon as reasonably possible after the discovery of the compromise, considering the legitimate needs of law enforcement or any measures reasonably necessary to determine the scope of the compromise and to restore the integrity of the responsible party’s information system.

 

To assist organisations in the event of a data breach, Baker McKenzie recently launched a mobile application called “Data Breach 72”. This app, which is available in English and French, allows organisations to identify the existence of a data breach, within the scope of application of the GDPR; establish whether it is necessary to notify the competent supervisory body; and prepare an initial draft of this notification. The app forms part of Baker McKenzie’s innovation programme, which aims to rethink the way in which lawyers deal with the challenges their clients are facing.

 

The final step in Checklist includes a thorough evaluation of the breach. “Once the first three steps are complete, organisations must investigate whether employees were responsible for the breach and if disciplinary action is required. If a third party was involved, the contract should be checked for damages provisions and an impact assessment undertaken. Lastly, organisations must review their procedures and ensure their data is secure going forward,” he said.

 

Also, partner in Baker McKenzie’s Corporate/M&A practice and TMT specialist, Janet MacKenzie, noted that, “The GDPR further requires organisations to complete a Data Protection Impact Assessment prior to the processing of private information, where the processing is likely to result in a high risk to the rights and freedoms of natural persons.

 

MacKenzie said it is essential to conduct an Impact Assessment of third parties that process high-risk company personal data, to determine their awareness of GDPR and to ensure that they have appropriate technical and organisational measures in place to comply with the legislation.

 

For high-risk third parties, audit partners should be identified for the assessment of processes and to determine if on-site audits are required. It is worth noting that the requirements of the GDPR stipulate that data processing can only be outsourced to a third party if the processor guarantees conformity with the requirements of the GDPR.

 

Janet Taylor Hall, CEO of Cognia Law, explained further, “There were two operational areas where clients tend to underestimate the impact assessment efforts around GDPR –  the first being adequately preparing to deal with a data breach when it happens and the second is subject data requests, which can in themselves lead to a breach if not handled appropriately.”

 

“Right of access is a core principle of the GDPR. Individuals have the right to access their personal data and supplementary information at any time. In responding to these data requests in time (30 days), it is also important that no data is shared that belongs to another individual or that contains intellectual property or trade secrets,” she said.

 

“Putting a robust subject data request capability in place is an important part of the on-going GDPR compliance support we offer our clients”, highlighted Justin Ridl, Global Head of Legal Services, Cognia Law.

 

 

 

 

 


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NITDA Warns Nigerians of Actively Exploited Microsoft Office Vulnerability

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National Information Technology Development Agency (NITDA) has issued an urgent cybersecurity warning about a serious Microsoft Office vulnerability (CVE-2026-21509) that attackers are actively exploiting.

NITDA Warns Nigerians of Actively Exploited Microsoft Office Vulnerability

This advisory, shared through Nigeria’s Computer Emergency Response Team (CERRT.NG), highlights the risks of this flaw and recommends immediate action to protect systems.

Microsoft has released quick security updates to fix this vulnerability, which has a severity score of 7.8, showing it is a serious risk. Attackers have already used it in targeted attacks.

CVE-2026-21509 affects multiple versions of Microsoft Office, including Office 2016, Office 2019, Microsoft 365 Apps, Office 2021, and later versions.

This flaw allows attackers to bypass security features meant to stop harmful Object Linking and Embedding (OLE) controls. OLE is an older Microsoft technology that can be used to embed links or content, but it has often been exploited by malware.

By exploiting this flaw, attackers can create specially designed Office documents.

When a user opens these documents, they can run malicious code or gain further access to the system.

Exploitation requires user interaction, meaning attackers often trick people into opening harmful Word, Excel, or other Office documents. Common methods include using email attachments or files from untrusted sources.

Because Microsoft confirmed that the vulnerability is being actively exploited, they have made emergency security updates available outside their usual schedule. Users and organisations should:

  1. Install the latest Microsoft Office security updates for all affected versions.
  2. Restart Office applications for Office 2021 and later to ensure that the updates take effect.
  3. Use registry-based settings for protection if updates can’t be applied right away.
  4. Follow good cybersecurity practices, like using endpoint protection and filtering emails.

Microsoft’s updates for Office 2021 and newer versions are automatically applied, but need a restart of the applications to be active.


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NDPC Investigates over 1,000 Schools over Data Privacy Compliance

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Nigeria Data Protection Commission (NDPC) has commenced an investigation into over 1,000 education institutions across the country over compliance with the Nigeria Data Protection Act (NDP Act), 2023.

NDPC Investigates over 1,000 Schools over Data Privacy Compliance

The move affects federal, state and private universities, polytechnics, colleges of education and technical colleges, marking one of the largest sector-wide compliance checks since the enactment of the law.

In a public notice issued on Thursday by Babatunde Bamigboye, head, Legal, Enforcement and Regulation, the Commission said the probe forms part of its ongoing sector-by-sector enforcement drive aimed at safeguarding the fundamental rights and freedoms of data subjects, as well as strengthening the legal foundation of Nigeria’s digital economy through the trusted use of personal data.

The NDPC directed the affected institutions to submit, within 21 days, evidence of filing their 2024 Data Protection Compliance Audit Returns, proof of designation or appointment of a Data Protection Officer including relevant contact details and a summary of technical and organisational measures adopted to protect personal data within their establishments.

It also requested evidence of registration as a Data Controller or Processor of Major Importance as required by law.

The Commission warned that failure to comply with the notice may result in the issuance of enforcement orders, imposition of administrative fines and possible criminal prosecution in accordance with the provisions of the NDP Act, 2023.

It stressed that compliance is mandatory and not optional for institutions that process large volumes of personal data

The education sector remains one of the biggest handlers of sensitive personal information in the country, including students’ academic records, admission details, biometric data, financial information and staff records.

With increasing digitalisation of admissions, online learning platforms and electronic documentation systems, concerns over data breaches and weak privacy safeguards have grown in recent years.

The Commission maintained that the investigation is in line with its statutory mandate under relevant sections of the Act empowering it to monitor, investigate and enforce compliance across sectors.


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Chams Carves Out Subsidiary to Support Africa’s Digital Transformation

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Chams Holding Company Plc, (Chams Holdco), digital payments and verification firm, has created a new subsidiary which is expected to strengthen the push for Africa’s digital transformation.

Chams Carves Out Subsidiary to Support Africa’s Digital Transformation

The creation of the new subsidiary, ChamsCorp Plc, which took effect from February 1, was made known in a filing to the Nigerian Exchange Limited , according to an announcement.

Chams said that the new subsidiary, which is its 5th, will give a new dimension to its more than 40 years of work in building the digital ecosystem not only in Nigeria, but across the continent and the rest of the world.

The newly created company will focus on three major aspects, namely the manufacturing of digital devices and development of digital infrastructure and services; data center design, construction and operations, and the development and implementation of AI infrastructure and intelligent systems.

It will also contribute to its parent company’s digital ID, digital verification, and trust services offering.

“For nearly four decades, we’ve enabled trust in transactions and identity. Now, we go furthe”

Chams is expanding into AI, data centre infrastructure, and intelligent systems, building the backbone for Africa’s digital transformation,” the company wrote in a LinkedIn post.

“We are not just participating in the future. We are engineering it,” the message added.

According to the Chams announcement, a decision of its Board of Directors appointed members of the pioneer board of ChamsCorp Plc, with renowned banker Mohammed Bashir Yunusa designated as Chairman.

He is described as a well-known finance expert who specializes in deal structuring, corporate and retail finance, business strategy, digital transformation, and Islamic Finance and Banking.

With more than 10 years of experience in the financial services industry, Yunusa currently serves as head of Consumer and Digital Banking for Non-Interest Banking Retail at Sterling Bank Nigeria, and will also serve as a non-executive director on the board.

“Chamscorp is designed to take our most ambitious ideas to market at speed and scale. As Africa’s digital economy evolves, we are focused on delivering transformative solutions that empower governments, businesses, and citizens alike,” Femi Oyenuga, CEO, Chams, commented on the development.

Chams has over the years played a major role in contributing to Nigeria’s digital ID ecosystem development to facilitate access to financial services.

In 2023, the company Group Chairman publicly stated that in providing such digital services to the Nigerian government, it had incurred debts estimated at $100 million and were planning to change their business model as a result.


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