Is a listed company, in Niger

Loi n° 2022-59, arts. 87-110 (contrôle, sanctions administratives, dispositions pénales et recours) · Read the law's page

• Comply with a HAPDP warning or formal notice to end a violation within the deadline it sets, or risk provisional or definitive withdrawal of your processing authorisation and a pecuniary sanction.
• Expect the HAPDP to be able to order the interruption of a persistent unlawful processing operation, the locking of the data concerned, or a temporary or permanent ban on the processing, after a contradictory procedure.
• Expect a pecuniary sanction proportional to the seriousness of the violation, capped at 100,000,000 CFA francs, rising to 200,000,000 francs, or, if you are a company, to 5 percent of your previous financial year's turnover excluding tax up to 500,000,000 francs, for a repeat violation within two years.
• Expect criminal liability on top of any pecuniary sanction for specific violations such as illicit processing of sensitive data, purpose diversion, unauthorised disclosure, fraudulent collection, unlawful retention, or obstructing a data subject's rights or the HAPDP, punished by imprisonment and a fine reaching, for the most serious offences, five years and 50,000,000 francs.
• Give a control agent the HAPDP assigns access to the premises and installations where you carry out processing, other than a private home, to verify your compliance.
• Let a data subject complain to the HAPDP, including after an unanswered complaint to you, and expect a judicial remedy independent of that complaint, including urgent injunctive relief for a serious and immediate violation of their rights.