By Ifeoma Ben, LLM, MBA
Nigeria’s edtech sector has witnessed significant acceleration in recent years, driven by increased internet penetration, smartphone use, and shifting educational needs. Fueled by the COVID‑19 pandemic, startups like uLesson, Afrilearn, and PrepClass have flourished; providing digital learning tools ranging from pre-recorded lessons and interactive live classes to personalized learning dashboards. uLesson alone raised over $22.5 million in 2021, signaling strong investor confidence in Nigeria’s e-learning market.
Booming Edtech Startups & Market Trends
Edtech innovation spans multiple areas, including immersive learning, coding, language acquisition, and content management systems (LMS). Afrilearn’s free exam prep tools and coding apps attracted UNICEF Innovation Fund support . In post-secondary education, uLesson’s Miva Open University, licensed by Nigeria’s National Universities Commission in May 2023, demonstrates the move toward full-fledged online tertiary education.
Regulatory Licensing for Online Education
While edtech innovation surges ahead, regulatory and licensing frameworks are still evolving. Traditional educational oversight agencies like the National Universities Commission are only beginning to grapple with online university licensing. Governments must clarify when edtech platforms require operational licenses, accreditation, or content standards. Legal practitioners can assist institutions in navigating this evolving framework to maintain compliance while scaling digitally.
Protecting Children’s Data: Legal and Ethical Duties
Edtech platforms often serve minors, making data protection critical. Nigeria’s Data Protection Act 2023 (NDPA) defines “child” as any person under 18 and requires verifiable parental or guardian consent . The Act mandates age verification systems, child-friendly privacy notices, and secure consent frameworks. Complimented by Section 37 of Nigeria’s Constitution, the Child Rights Act, and the NDPC Regulator’s guidance, online learning platforms are legally required to minimize data collection, institute parental-control dashboards, and regularly audit their privacy practices.
Data Privacy and Security Compliance
Beyond child data, edtech platforms must comply with broader privacy obligations. The NDPA requires explicit, informed consent; lawful processing of personal data; and cross-border data transfer safeguards. Non-compliance may result in penalties of up to 2% of annual turnover or ₦10 million, whichever is greater . Legal counsel is essential to draft privacy policies, consent templates, data processing agreements, and to conduct Data Protection Impact Assessments (DPIAs).
Sector-Specific Risk: Cybersecurity & Student Safety
Nigeria’s universities are already vulnerable to cyber threats . Edtech platforms must address similar risks by embedding security-by-design, obtaining vendor warranties, and maintaining incident response mechanisms. Lawyers advising these companies must ensure compliance with data breach notification rules and review cybersecurity clauses in service provider contracts.
Legal Industry Impact: Strategic Roles for Lawyers
As edtech platforms expand, their need for legal support grows multifold:
• Regulatory Advisory: Guiding startups and institutions on licensing, accreditation, and platform compliance.
• Data Protection Counsel: Structuring parental consent, age verification, and robust privacy policies tailored for minors.
• Contract Drafting: Drafting terms of service, vendor agreements, service-level agreements, and user contracts.
• Risk Management & Audits: Conducting DPIAs, compliance audits, and preparing for NDPA and NDPC enforcement procedures.
• Litigation and Dispute Resolution: Handling breaches, user complaints, or regulatory sanctions swiftly.
• Cross-border Expansion Advisory: Offering counsel for international partnerships, overseas data transfers, and compliance with foreign regulations.
Conclusion
Nigeria’s edtech revolution is unlocking new educational opportunities with unparalleled scale. Yet legal and regulatory frameworks are racing to catch up. Protecting children’s data, complying with licensing regimes, and ensuring robust security will be critical to sustaining trust and growth. For legal practitioners, the rise of edtech presents a rich opportunity to support innovation while safeguarding rights and privacy in Nigeria’s digital education ecosystem.
Ifeoma Ben is a Partner at The Law Suite and the Editor-in-Chief of Lawhauz Magazine and can be reached on 08033754299
