Opinion
OPINION: Spontaneous Deregulation Tests Regulatory Gaps On Digital Platforms
Published
3 years agoon

By Austin OKERE
There is a perfect storm brewing on Twitter between the President of the United States of America, Donald J. Trump and Twitter Founder, Jack Dorsey.
“The Trump-Twitter fight ropes in the rest of Silicon Valley” was the screaming headline on Politico.com on Sunday, May 30, 2020.
President Donald Trump tweeted earlier this week about mail-in voting, alleging without evidence that the effort would lead to voter fraud.
For the first time, Twitter marked the tweet with a small notice that read “Get the facts about mail-in ballots,” which linked to facts-based reporting on the subject.
Twitter’s fact-check led Trump to issue an executive order targeting social media companies. The order involves Section 230 , part of a 1996 law that gives websites (including companies like Twitter and Facebook) the ability to moderate content on their sites without worrying about First Amendment violations. legal experts have said the move is possibly illegal and difficult to enforce.
Facebook, meanwhile, has tried to stay out of the clash, with CEO Mark Zuckerberg weighing to say he has a much different view from Twitter on how Social Media Platforms should handle controversial political speech. Companies like Facebook and Twitter, Zuckerberg said, should not act as “the arbiter of truth.”
The relationship between platforms and regulation has been thorny right from the start and can at best, be described as a keg of gunpowder waiting to be triggered.
Has the time come for the trigger to be pulled? I wrote this article four years ago in June 2016, and it still captures the essence of this feud. What are your views on this fractious issue?
I facilitated a seminar for the Lagos Judiciary at the Lagos Business School in May 2016, with theme Digital Economy and Legal Regulation. The aim of the program was to share insights on the emerging Digital Economy with their Lordships and draw attention to the imperative for regulatory evolution in the face of the pervasiveness of Online Platforms of the kind operated by technology giants such as Facebook, Google, Uber and Airbnb. There is hardly an area of economic and social interaction these days that is left untouched by these Platforms in some shape or form.
The Regulatory Gaps
To fill the regulatory gaps in the digital economy, these behemoths have resorted to what could be referred to as spontaneous deregulation. I first encountered this term in an article by Benjamin Edelman and Damien Geradin and has arisen as a result of digital disrupters ignoring laws and regulations that appear to preclude their business model, which is typically based on providing platforms for crowdsourcing and giving rise to the sharing economy.
Believing in the efficacy of their utility model and its appeal to pent-up global demand, these disrupters seem to see many rules and regulations as belonging to the past and impractical for today’s innovative clime. They therefore simply ignore them, opting for their own version of self-regulation, usually based on a mutual rating system between service providers and consumers. It is this skirting of existing regulation that is referred to as spontaneous private deregulation.
These disrupters make the rules for themselves as they go along, because in fairness to them, as their platforms reshape markets, the scope of activity subject to regulation tends to decrease, and various forms of protection disappear. These companies operate in interstitial areas of the law because they present new and fundamentally different issues that were not foreseen when the governing statutes and regulations were enacted.
Two major areas in which these digital czars have riled the establishment are in transportation and hospitality; the major ‘culprits’ being UBER and Airbnb. UBER, until recently a relatively unknown company out of Silicon Valley in California employs 160,000 drivers today and is adding an average of 20,000 drivers every month. This transport services disrupter is now valued at $41b and operates in many major cities across the globe. Airbnb, a previously obscure company with similar roots and reach, has over 1.5m accommodation on her platform and is now valued at $25b.
The need for ‘platform fairness’
Axelle Lemaire, French secretary of state in charge of all things digital, insists that France is open to platform operators, but consumers have to be protected. She is sponsoring a law to be passed by the French Parliament which will create the principle of ‘Platform Fairness’.

Photo credit: The Digital Insurer
Karnataka state in India, where Uber piloted its India service two years ago has directed taxi aggregators such as Uber to stop operations in the state until they secure a licence from the government, triggering sharp reactions from the corporate world. Getting a licence would mean no more surge pricing, complying with the maximum fares fixed by the government periodically and registering with local transport authorities.
The question is why has it taken the Karnataka government such a long time to wake up to regulatory gaps in her transport sector? And how many other cities are in this quagmire?
The U.S Supreme Court recently ended a decade-long battle over Google’s massive book-scanning project, declining to take up an appeal by authors who claimed the company violated copyright law “on an epic scale.”
The justices denied certiorari in Authors Guild v. Google, 15-849, leaving in place a ruling last year by the U.S. Court of Appeals for the Second Circuit that said Google’s project was permissible. The appeals court decision invoked the “Fair Use” doctrine, which permits some “socially beneficial” use of published works such as news reporting or research, that would otherwise constitute copyright infringement.
Airbnb has had its fair share of issues with one of her largest markets, New York. A major concern is the legal regime within which Airbnb operates; one that is marked by poorly drafted laws that fail to account for challenges presented by the sharing economy.
As explained by Airbnb cofounder Brian Chesky, “There were laws created for businesses, and there were laws for people. What the sharing economy did was create a third category: people as businesses,” to which the application of existing laws is often unclear. These new business models raise complex questions that have not yet been addressed by either legislatures or courts.
Because the threat of enforcement actions can have a chilling effect on start-ups and their users, state and local government officials should consider how their actions may affect burgeoning businesses. Officials should encourage the sharing economy’s growth through collaborative efforts rather than seek to protect incumbent businesses.
Regulation seems too slow in catching up
The slow pace of regulation evolution seems to strongly suggest that the legal profession itself is ripe for a technology revolution that will optimise the largely manual and laborious process of enacting laws and regulation in the face of the aggressive pace of digital innovation.
I recall the indignation of their Lordships when I cautioned that the learned profession could be more vulnerable than they think when it comes to disruption, and that emerging technologies like cognitive computing and other forms of machine learning can help narrow the gap between regulation and innovation.
Much as it may sound improbable, given its intrinsic consultative nature, I was not surprised when I came across an article on the World Economic Forum’s collaborative platform, announcing that a Law firm Baker & Hostetler has done just that!
Green shoots of technology in Law and Regulation
According to the article, Baker & Hostetler has announced that they are employing IBM’s AI Ross to handle their bankruptcy practice, which at the moment consists of nearly 50 lawyers. Ross, “the world’s first artificially intelligent attorney” built on IBM’s cognitive computer Watson, was designed to read and understand language, postulate hypotheses when asked questions, research, and then generate responses (along with references and citations) to back up its conclusions.
Ross also learns from experience, gaining speed and knowledge the more you interact with it. “You ask your questions in plain English, as you would a colleague, and ROSS then reads through the entire body of law and returns a cited answer and topical readings from legislation, case law and secondary sources to get you up-to-speed quickly,” the website says. “In addition, ROSS monitors the law around the clock to notify you of new court decisions that can affect your case.”
Ross also minimizes the time it takes by narrowing down results from a thousand to only the most highly relevant answers and presents the answers in a more casual, understandable language. It also keeps up to date with developments in the legal system, specifically those that may affect your cases. According to CEO and co-founder Andrew Arruda, other firms have also signed licenses with Ross, and they will also be making announcements shortly.
This disruption, happening to the most unlikely profession, with a highly codified ethic is a clear manifestation that no industry is immune from disruption in the impending fourth industrial revolution. Any industry that does not figure out how to be a part of it might as well write their obituaries. My take expressed to their Lordships after the seminar was that the digital revolution is like a train whose drivers are the entrepreneur disrupters.
The passengers are the global customers with pent-up demand for the value and convenience that they provide. Naysayers to this phenomenon can stand in front of the train and be crushed, stay on the platform and be left behind, or come on board for a ride into progressive partnerships. Regulators still have much to learn about how to deal with platforms. They have no choice than to get more involved and get the needed expertise. But will they? The jury is still out.
Austin Okere is the Founder of CWG Plc, the largest ICT Company on the Nigerian Stock Exchange & Entrepreneur in Residence at CBS, New York. Austin also serves on the Advisory Board of the Global Business School Network, and on the World Economic Forum Global Agenda Council on Innovation and Intrapreneurship. Austin now runs the Ausso Leadership Academy focused on Business and Entrepreneurial Mentorship
Opinion
NDPB At One: The Evolution Of Data Privacy Under Dr. Vincent Olatunji
“People who end up being first don’t actually set out to be first, they set out to do something they love,” thus, creating a lasting legacy for themselves.
Published
2 months agoon
8 February 2023
By Yusuf YUSUF
The pioneer National Commissioner/Chief Executive Officer of the Nigeria Data Protection Bureau (NDPB), is one man who has risen through the ranks, showing expertise both in administrative roles as well as the information technology field, as a formidable force whose trajectory of achievements keeps many on their toes.
All these, he has managed to achieve without giving room for the notion of imitation but rather, by setting an exemplary step in advancing policies to ensure the development of the status quo.
A Certified Public Private Partnership Specialist (IP3 Specialist) and a PECB Certified Data Protection Officer, Dr. Vincent Olatunji, (FIIM, IAPP, and NCS) is a promising figure the technology world needs to watch out for in coming years.
He joined NITDA in 2002 and has worked in various departments thereby rising to the position of director in 2014 and Acting DG in 2016 amongst other roles serving in various departments before his recent appointment as National Commissioner.
In just over a year, Dr. Vincent Olatunji is creating a new legacy as the pioneer National Commissioner/Chief Executive Officer of the Nigeria Data Protection Bureau while setting the pace for the institutionalization of data protection laws in Nigeria.
The Nigeria Data Protection Bureau (NDPB) is an intrinsic segment of the Ministry of Communications and Digital Economy born on the 4th of February 2022, out of the need to uphold the National Digital Economy Policy for Digital Nigeria (NDEPS) by further strengthening as well as entrenching the protection of personally identifiable information and sensitive personal data.
Such data includes emails, names, telephone numbers, house addresses, religious beliefs, political lineage, medical records, labour union affiliations, and information being uploaded online in line with standard global practices in a digital economy.
The objective of the bureau as stipulated by the Nigeria Data Protection Regulation 2019 (NDPR) include
- Safeguard the rights of natural persons to data privacy
- Foster safe conduct for transactions involving the exchange of personal data
- Prevent manipulation of personal data and
- Ensure that Nigerian businesses remain competitive in international trade through the safeguards afforded by a just and equitable legal regulatory framework on data protection.
While keying into the global digital revolution is inevitable, it is only pertinent that this rising need is met with accurate preparedness. It is on this note, a major milestone was recorded under the able leadership of Dr. Isa Ali Ibrahim Pantami, with the launch of the National Digital Economy Policy and Strategy for a Digital Nigeria (NDEPS).
The NDEPS was launched by President Muhammadu Buhari (GCFR) in 2019. This subsequently led to the re-designation of the Ministry of Communications to include the digital economy, thereby giving it a new phase.
With this development, the journey of the much-desired and envisioned Digital Nigeria began. This was, however, followed by several restructurings to accommodate the new set mandate of the Ministry. And such restructuring included the NDPR.
Unarguably, Dr. Olatunji has continued laying exemplary standards for any successor to measure up to in time memorial as he has managed to adapt existing resources and manpower to carter for the immediate needs of his bureau to ensure swift and immediate operations against all odds to kick start immediate operations.
Stepping into the herculean task of laying a solid bedrock for data protection policies and strategies without giving room for doubts or sloppiness while distinguishing himself as a formidable force to reckon with, as a pioneer, may pose a major challenge to many.
This is because the way of the pioneer is always filled with different hurdles stemming from proper administration to implementation of policies. However, Dr. Olatunji draws strength from his love for his profession, leaving no stone untouched in his quest to achieve excellence as he emulates the popular saying that “People who end up being first don’t actually set out to be first, they set out to do something they love.”
The Bureau, within the last year of its establishment, has recorded significant growth under various parametres including but not limited to the following: –
- Rate of increment of the public sector integration into data privacy and protection framework – 100%,
- Rate of increment in the enrolment of DPOs from data controllers and processors across Nigeria – 600%,
- Rate of increment in the licensing of Data Protection Compliance Organizations (DPCOs) – 50%
Similarly, revenue generation through the implementation of the NDPR has increased by over 60%.
The foregoing milestones are taking place at a time when the Digital Economy under Prof. Isa Ali Ibrahim Pantami is breaking records in its contribution to Nigeria’s GDP. The ICT sector for instance contributed 18.44% to the total real GDP in Quarter 2 of 2022 – outperforming virtually all other sectors.
The establishment of the Bureau, under the visionary leadership of President Muhammadu Buhari, has strengthened the bulwark of fundamental rights and freedoms of Nigerian citizens in the data economy ecosystem and has, to all intents and purposes, earned Nigeria a pride of place in the arena of international data governance and human capital development.
With the recent approval of the Nigeria Data Protection Bill by the Federal Executive Council (FEC) for further ratification and endorsement by the National Assembly, we wish Dr. Vincent Olatunji, twice as much of successes recorded by him just in one year as he sets out to achieve greater developments in the strategic implementation of data protection laws in Nigeria.
Opinion
How To Survive The Last Week Of January On A Budget
Published
2 months agoon
25 January 2023
January is renowned for being a month of extremely slow days, mounting bills and a long, grinding wait for payday. This is often the case for folks in paid employment.
However, the difficulties that traditionally accompany the month of January impact entrepreneurs or those in business as well.
Usually, discretionary or disposable income is often limited and tightly guarded, with many potential customers trying to wade through to the end of the month after the customary lavish spending that trailed the previous year-end festivities.
With the current fuel scarcity plaguing most parts of Nigeria burning deeper holes in the pockets of the average Nigerian, there is a common consensus among many to see the back of January.
Beating the sapa occasioned with the January season often requires a certain level of skill and wits. It is better to stroll into February (the month of love) with a meagre balance or even broke than to enter it on your knees with a crushing bundle of debts on your back.
Here are a few ways you can see out the last week of the month in flying colours on a tight budget, courtesy of Konga, Nigeria’s leading composite e-commerce company.
1. Make Garri Your Friend
Just kidding, but then you might want to invest a little of your scarce resources on food or foodstuffs that are not so expensive but last for a long time. Food items like Garri, Bread, Beans, and the like, as they allow for varieties, would definitely come in handy if you are the type that cooks their own meals.
2. Substitute
We know our help comes from God, but at times like this, you might like to forego your normal routine and go with more budget-friendly options. Instead of ordering an Uber or a ride to work as you’ll typically do, you may have to wake up earlier and commute via public transport. You can also substitute your expensive beverage for a 3-in-1 coffee or tea; instead of buying that pricey loaf of bread, you could opt for a biscuit instead.
3. Spend more time with friends and family members
The famous saying “The more, the merrier” has never been more beneficial. When things are tight, the best exit route is to be with people who could help lighten the load. With friends, you could share your resources and make the best out of the situation.
4. Be Content
This last week of January, beating sapa entails being content with yourself. In fact, phrases like YOLO or “If I perish, I perish” would do you more harm than good. Avoid frivolities, get only the necessities, understand that all fingers are not equal, and be content with what you have. Mr. James’ brokenness could be your average level, so no matter where you find yourself, cut your coat according to your cloth.
5. Look out for Cheaper deals
Most importantly, a major element to seeing yourself through January smiling is to be alert to juicy offers or the best deals. There is always an advantage to it, that satisfaction that comes from walking away with a sweet deal on a purchase. This is one of the reasons you must embrace Konga when it comes to shopping for all your items during this period.
In fact, the ongoing Konga Jara promotion remains your best bet. It is an open secret today that most items are cheaper at Konga and you also enjoy the benefit of guaranteed quality and swift delivery.
In summary, if you’re able to stick to the points mentioned above, you’re well on your way to surviving these last 77 days of January, while leaving many of your peers wondering how you managed to pull through in such a brilliant fashion.
Opinion
7 Mistakes Organisations Make That Cause Good Workers To Quit
The decision to leave an organization doesn’t just happen overnight
Published
2 months agoon
23 January 2023
By A J HESS
Talk to any leader of an organization and they will tell you one of the things that bother them the most is losing good people. There is a saying that has become very common: “People don’t leave bad jobs, they leave bad bosses.” While many people do leave because of their relationship with the people they directly report to, the reasons are more varied in many cases.
Unhappiness is the main reason employees leave organizations. Yet, what exactly causes people to be unhappy? There are a number of factors that come into the equation that can cause people to conclude they could be better off working somewhere else.
The decision to leave an organization doesn’t just happen overnight. Usually, the conditions have been around for a long time, slowly draining the employee’s enthusiasm and desire to bring their best selves to work every day. As Phil Johnson, founder and CEO of The Master of Business Leadership, says, “The drama, chaos, and conflict experienced in these toxic work environments lead to low levels of employee engagement.”
Here are seven issues that slowly drain a person’s desire to work for an organization:
LACK OF APPRECIATION
People spend a great deal of time at work, and if they get the feeling that they’re not being appreciated, it will slowly drain their energy and desire to give their best. The lack of appreciation can show up in various forms. Lack of recognition for their accomplishments is a key example. When we are working hard, doing good work, and nobody seems to notice, it kills our desire to continue to do more.
Another area is a lack of caring or taking an interest in our special interests, talents, and life outside of work. When we spend so much time at work, we expect others to take an interest in us as unique individuals, with special talents, needs, struggles, and home situations. And we want the people we report to support us when we are going through difficult times.
“When employees feel a genuine connection with their leader, their role, and the organization, they are stronger collaborators and communicators, and are more engaged,” explains Debbie Muno, managing director of Genos North America.
UNFAIRNESS AND FAVOURITISM
While there are different levels of talent and responsibilities within organizations, we expect the standards for promotions and rules of conduct to be applied equally to employees in the organization. Few things are as upsetting as when organizational rules they’re expected to follow are not adhered to by the higher-ups.
Another sore point that really drains performance is when people perceive that promotions are given based on favoritism rather than meritocracy. The resentment and anger resulting from these actions, or just the perception of them, create a toxic culture that causes good people to leave.
ALLOWING NO AUTONOMY OVER ONE’S WORK
In order to feel fulfilled in our work, we need to have some say in what our work looks like. Whether we have a choice on what we work on, have a say in company goals, or have a say in work-related decisions, we need to have choices to feel fulfilled in our career.
The best work happens when leaders trust us to know what to do and can count on us to do it well. Managers who act as guides and coaches—and are approachable when employees have problems—will see their staff perform much better than those who micromanage and allow their people little discretion over how their work is done.
SHOWING NO INTEREST IN EMPLOYEES’ PASSIONS
Organizations that expect employees to do their jobs without considering what they are passionate about not only miss out on harnessing those passions, but also alienate their people. It takes work, effort, and getting to know people to find out what their passions are. Unfortunately, many workplaces don’t have the desire to find out. As a result, those who believe employees are hired simply to fill a position and should leave their passions at home will find significant turnover among their teams. After some time, these team members will be looking at other companies known for an employee-first culture.
On the other hand, those organizations that do make the effort to find the connections between their people’s work and their passions will see an increase in productivity, higher rates of job satisfaction, and a happier workplace overall. To that end, author Debbie Peterson recommends utilizing psychometric questionnaires. “[These] can ensure employees are in roles where their skills and personalities can shine, and ensure the longevity of the employee and their employment as well as the performance of the organization,” explains Peterson.
ONE-SIZE-FITS-ALL STAFF APPRECIATION
Many organizations have an Employee Appreciation Day once a year when everyone is acknowledged and treated the same. The problem is that not everyone has the same skills, contributes equally, or regularly brings the same effort. Receiving the same recognition as someone who does the least work possible upsets those who go above and beyond, bring extra enthusiasm to their work, and give their best every day.
Not only should people be recognized for their achievements, but they also should be able to communicate how they wish to be recognized. In my book, The Other Kind of Smart, I talk about how important it is to get to know people in order to appreciate them in a way that powerfully connects with them.
A LACK OF MEANING
One thing millennials have become known for is wanting their work to have meaning and to feel that they are making a difference. Previous generations have wanted this as well but settled for less as they believed the workplace was not the place where this was possible. Now, millennials are a major part of our workplace and are rising to leadership positions. Finally, organizations have started to pay attention.
Organizations must create a vision and share it with their people in a way that ensures everyone understands how their contribution makes a difference. Everyone wants to feel pride in their work and in the organization they work for. This will become increasingly important as younger generations, crucial to an organization’s success, demand this.
A LACK OF FUN AND PLAY
In previous decades, the idea that we should have fun at work would have left leaders aghast. Work was work, and people were expected to have fun outside of the workplace. We have since come to understand that having fun at work is a great way to invigorate people, give them something to look forward to, and even alleviate stress and boredom. “For instance, [some] high-tech firms now encourage employees to take table tennis breaks,” says Peterson, “with the added benefit that it promotes physical and neurological fitness.”
When people are not only allowed, but encouraged, to have fun in their workplace, they are more relaxed, are able to build camaraderie with their colleagues, and are motivated to perform better.
****Culled from fastcompany.com

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