The Unprotected Port: A Legal Appraisal of Data-Driven (Programmatic) Advertising In Nigeria

International Journal of Research and Innovation in Social Science (IJRISS) | Volume V, Issue VIII, August 2021 | ISSN 2454–6186

 The Unprotected Port: A Legal Appraisal of Data-Driven (Programmatic) Advertising In Nigeria

Samuel Omodolapo Bakare , Ogundele Tolulope
The Department of Computer Science and Media Technology, Malmö University, Sweden

Abstract: Since the advent of web 2.0, the increasing importance of data has become centre of debate amongst various stakeholders. One of the resultant effects of open access internet is the improvement of advertising and marketing technologies and methods. Programmatic advertising (PA) is one of the byproducts of the new internet age. This form of advertising uses consumers’ personal data and behaviour online for the creation of customized ads for brands through third-party data aggregators. Personal data are auction to the highest bidders in real-time and instantaneously to expose customized messages and ads to the audience. Based on its population and increasing level of internet penetration, Nigeria is a fallow, free-for-all, and data-mining ground for many tech companies. Hence, the adoption of programmatic advertising is nascent and insidiously creeping into the advertising space in Nigeria. This paper focused on the implication of programmatic advertising from the perspective of existing legal specifications currently in Nigeria. Having given the conceptual premise of programmatic advertising (PA), the paper identified the ethical and legal implications of PA. based on the existing legal situation of personal data protection in Nigeria, the paper recommends, amongst others, that to avoid the potential violations of user’s right to data privacy, the onus is on various stakeholders- the data controllers, tech companies, and lawmakers- to ensure that their activities provide stronger protection of personal data.

Keywords: Programmatic Advertising (PA), Personal Data, Regulations

I. INTRODUCTION

From inception, the concept of marketing and advertising involves the deliberate process of exposing particular information to a pre-determined set of audiences based on the relationship of such audience on the information at hand (Kumar, 2012). The aim is to create a perception in the minds of the audience to create behavioral change (Solomon et al, 2006; Hassan et al, 2015; Pal & Pal, 2019). As one of the prime indicators for successful marketing campaigns, advertising has weathered many evolutions; different types and forms have emerged over the last centuries. Durmaz (2011) and Kotler (2000) have identified various ways by organisations, which are armed with information, are targeting audience. each of these is aimed at isolating, reinforcing, and focusing messages in the minds of the unsuspecting public.

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