GDPR Terms and Conditions Statutes in West Africa
Table of contents
NADEUM-WIKO/EAT – Model Data Protection Policy for West Africa
Preamble
The purpose of this data protection policy is to ensure the protection of personal data for members, employees, partners and affected parties. It is based on proven international standards (EU GDPR) and the applicable data protection laws of West African countries (e.g. Ghana, Senegal, Côte d’Ivoire, Togo, Mali).
Particular attention is paid to transparency in data processing and the prevention of corruption in order to ensure trust and integrity in all projects.
1. Scope
- This policy applies to all natural persons whose personal data is processed by NADEUM-WIKO or EAT.
- It applies to all data processors and data controllers within the organisations, including project partners.
- Personal data is processed regardless of the medium: digital, analogue or manual.
2. Definitions
- Personal data: Any information that identifies or makes a natural person identifiable (name, address, telephone number, email, financial data, photos, biometrics).
- Sensitive data: Ethnicity, political opinion, religious beliefs, health, sexual orientation, educational status, financial information.
- Processing: Collection, storage, use, transfer, deletion or other use of personal data.
- Data controller: The organisation that decides on the purpose and means of data processing.
- Data processor: Any natural or legal person who processes personal data on behalf of the controller.
3. Principles of data processing
- Lawfulness, transparency, fairness: Data may only be processed lawfully and with clear information provided to the persons concerned.
- Purpose limitation: Data is collected exclusively for legitimate purposes (e.g. project management, member data, reporting, donation management).
- Data minimisation: Only data that is necessary for the purpose is collected.
- Accuracy: Data must be accurate, complete and up to date.
- Storage limitation: Data is not stored longer than necessary; legal deadlines must be observed.
- Integrity and confidentiality: Data is protected against unauthorised access, loss or misuse by organisational and technical measures.
- Sensitive data: Special security measures for sensitive data; use only with express consent or legal basis.
- Corruption prevention: No data may be used for unlawful personal gain, bribery or illegal advantages.
4. Rights of data subjects
- Right to information: Data subjects can find out what data is stored and processed.
- Right to rectification: Incorrect data must be corrected.
- Right to erasure/restriction: Under certain conditions, data subjects can request the erasure of their data (‘right to be forgotten’).
- Right to object: Data subjects may object to processing for direct marketing or non-essential purposes.
- Right of withdrawal: Consent once given may be withdrawn at any time.
- Right to lodge a complaint: Complaints may be lodged with the organisation or the competent data protection supervisory authority.
5. Obligations of the organisation
- Registration of all data processing operations with the internal data protection authority.
- Training of all employees on data protection, information security and anti-corruption obligations.
- Documentation of data processing and data security processes.
- Ensuring consent is obtained for the processing of sensitive data.
- Restricting the transfer of data to third parties to necessary cases only, with clear contractual provisions.
- Implementing security measures such as encryption, access controls and regular backups.
6. Data disclosure & international transfers
- Data may only be disclosed within partner organisations or to service providers if an adequate level of data protection is guaranteed.
- In the case of international transfers, additional standards comparable to the EU GDPR (protection against misuse and unlawful use) apply.
7. Corruption prevention & integrity
- No use of personal data for personal gain.
- All employees, partners or third parties are obliged to use data only for legitimate purposes.
- Internal checks and audits ensure compliance with the guidelines.
- Suspicious cases are reported to internal compliance officers and, if necessary, to the relevant authorities.
8. Technical and organisational measures
- Access control: Only authorised persons have access to personal data.
- Encryption: Digital data is stored and transmitted in encrypted form.
- Security updates and monitoring: Software and systems are updated regularly; access is logged.
- Contingency plans: Procedures for recovery in the event of data loss or theft are in place.
9. Responsible parties and supervision
- Each partner organisation (e.g. EAT) appoints a data protection officer/compliance officer.
- Regular internal and external audits ensure compliance with the policy.
- Complaints from members or affected parties are dealt with promptly.
10. Training & awareness
- All employees and partners receive regular training on the following topics:
- Data protection regulations and rights of data subjects
- Handling sensitive data
- Anti-corruption, integrity, compliance
- IT security and prevention of data misuse
11. Entry into force & validity
- This policy shall enter into force immediately upon acceptance by the organisation’s management.
- It applies to all projects and activities within West Africa, regardless of local legal status, and is based on international standards (EU GDPR) to ensure the highest possible level of data protection.
NADEUM / EAT – Model terms and conditions for NGO projects in West Africa
Preamble
These General Terms and Conditions (GTC) apply to all members, employees, partners, service providers and other contractual partners of the NGO EAT. They govern rights and obligations in connection with membership, projects, services and the use of platforms or resources.
The GTC are based on international standards (EU GDPR, West African data protection laws) and include specific rules on corruption prevention and compliance.
1. Scope
- These General Terms and Conditions apply to all activities, services and projects of the NGO EAT within West Africa.
- By joining the organisation or using its services, the contractual partner accepts these General Terms and Conditions.
- Members and partners will be notified of any changes to the General Terms and Conditions in writing or digitally at least 30 days before they come into effect.
2. Subject matter of the agreement
- Description of the services offered: training courses, projects, digital platforms, provision of resources, consulting.
- Type of membership/partner role: voluntary, non-profit-oriented, in accordance with the NGO’s objectives.
- Obligations of members: active participation, compliance with data protection and compliance rules, respectful interaction with one another.
3. Obligations of the NGO
- Provision of the agreed services to the agreed extent.
- Ensuring compliance with the data protection policy.
- Transparent communication about changes or relevant decisions.
- Measures against corruption and misuse of resources.
4. Data protection
- All personal data is processed in accordance with the NADEUM / EAT data protection policy.
- Sensitive data (e.g. ethnicity, religion, health) is given special protection and is only processed with express consent.
- Data is only passed on to third parties with written permission or on a legal basis.
- Members and partners have the right to access, correct and delete their data at any time.
5. Corruption prevention & compliance
- Data, resources or project funds may not be used for personal gain or bribery.
- Suspected cases of misuse must be reported immediately to management or the compliance officer.
- Violations of this rule may result in sanctions up to and including expulsion from the NGO.
6. Liability
- EAT shall only be liable for damages caused intentionally or through gross negligence.
- No liability shall be accepted for indirect damages, lost profits or data loss, to the extent permitted by law.
- Members and partners shall be liable for damages caused by deliberate breach of duty or misuse.
7. Membership fees / payments (if relevant)
- Contributions or fees will be communicated transparently and in advance, if necessary.
- Payment deadlines and conditions will be set out in writing.
- Payments will be made exclusively to official accounts of the NGO.
8. Contract duration & termination
- Membership/partnership is valid from the date of admission and runs for an indefinite period, unless otherwise agreed.
- Termination is possible at any time in writing, subject to a notice period of 30 days, unless otherwise agreed.
- The NGO reserves the right to terminate immediately any membership in the event of violations of the General Terms and Conditions or misuse.
9. Dispute resolution
- For internal disputes: first, internal mediation via management or compliance officers.
- If no agreement can be reached, an independent arbitration tribunal or national courts may be called upon, depending on the location of the project.
- International partners may be referred to joint arbitration agreements.
10. Miscellaneous
- Should individual provisions of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.
- Amendments to the General Terms and Conditions must be made in writing.
- These General Terms and Conditions shall enter into force upon the establishment of the NGO EAT and shall apply to all future members and partners.
💡 Note:
- These terms and conditions are intended as a template and can be adapted locally or for specific projects.
- They ensure that data protection, anti-corruption, transparency and legal liability are clearly regulated.
- The combination of terms and conditions + data protection policy + anti-corruption clauses offers maximum security for NGO projects in West Africa.
NADEUM-WIKO / EAT – Model Statutes Directive for West Africa
1. Are statutes mandatory?
- Yes, in most West African countries, NGOs (non-governmental organisations), CBOs (community-based organisations) and SHGs (self-help groups) must have official statutes when they are founded in order to be legally recognised.
- The statutes are usually submitted to the relevant national authority (e.g. Ministry of Gender, Ministry of Social Affairs, Registrar of Associations) during the registration process.
- Without official statutes, an organisation often cannot obtain legal personality, open bank accounts or enter into formal contracts.
2. Purpose of the statutes
- Regulation of internal organisation: roles of the board, members, project managers.
- Definition of the goals and purposes of the organisation.
- Rights and obligations of members.
- Procedures for membership admission and resignation.
- Regulations for finances, accounting and audits.
- Procedures for amending the statutes and dissolution.
- Transparency and compliance: how decisions are made, how corruption prevention is implemented.
3. Typical structure of statutes
- Name and legal form: official name of the organisation, e.g. ‘EAT – Empowered Agriculture and Training’.
- Purpose/mission: objectives of the NGO/CBO/SHG, charitable orientation.
- Registered office/scope: city, country, possibly regional area of activity.
- Membership: admission requirements, rights, obligations, resignation, grounds for exclusion.
- Organs of the organisation: board, general assembly, committees, project managers.
- Tasks & responsibilities of the organs: role of each body, powers, decision-making.
- Finances: Membership fees, income, expenditure, bank accounts, annual audit report.
- Amendments to the articles of association: Procedure, who must approve, quorums.
- Dissolution of the organisation: Conditions, use of remaining funds.
- Miscellaneous: Conflict resolution, compliance with local laws, anti-corruption measures, data protection reference.
4. Drafting the articles of association
- Step 1: Draft by the founding team or consultants (legal, NGO experience).
- Step 2: Consultation with all founding members/partners.
- Step 3: Submission to the competent authority with all documents (memorandum of association, list of founding members, proof of registered office).
- Step 4: Registration/confirmation of the articles of association → Organisation obtains legal personality.
- Step 5: Internal communication: The articles of association must be accessible to all members.
5. Template for West African NGOs / CBOs / SHGs
A practical, almost universally applicable template for statutes could look like this:
Sample statutes (compact)
1. Name and registered office
- Name: [Organisation]
- Legal form: NGO / CBO / SHG
- Registered office: [Town, country]
2. Purpose / Mission
- Promotion of [e.g. education, agriculture, digitalisation, health]
- Non-profit activity without the intention of making a profit
3. Membership
- Admission: written application + approval by the executive committee
- Rights: participation in meetings, co-determination
- Obligations: cooperation, compliance with the statutes, compliance with the data protection policy
- Resignation / expulsion: in writing, possible in the event of serious violations
4. Organs
- General assembly (highest organ, decides on fundamental issues)
- Executive Board / Coordination Team (manages projects, finances, administration)
- Committees (optional, e.g. project management, finances, monitoring)
5. Tasks and responsibilities
- Executive Board: Implementation of objectives, financial management, compliance with laws
- General Assembly: Approval of annual reports, amendments to the statutes
6. Finances
- Membership fees, subsidies, donations
- Bank accounts in the organisation’s name
- Annual audit report / financial audit
7. Amendments to the statutes
- Only with the approval of at least 2/3 of the General Assembly
- Written submission to authorities required
8. Dissolution
- Resolution of the General Assembly with a 2/3 majority
- Use of remaining funds exclusively for charitable purposes
9. Compliance & ethics
- Compliance with all local laws and guidelines
- Anti-corruption measures mandatory
- Data protection in accordance with internal guidelines
💡 Note: This template can be minimally adapted to comply with local legal requirements, e.g. English common law or French civil law.
Statutes of the community-based organisation ‘Edenic Agricultural Transformation (EAT)’
Preamble
Edenic Agricultural Transformation (EAT) is a non-profit community-based organisation (CBO) based in [location, country].
The organisation aims to promote agricultural transformation, education, training and social projects independently and sustainably.
The organisation is guided by the highest standards of transparency, integrity and freedom from corruption, comparable to NADEUM / NADEUM-WIKO.
1. Name, legal form and registered office
- Name: Edenic Agricultural Transformation (EAT)
- Legal form: Community-Based Organisation (CBO)
- Registered office: [town, country]
- Area of activity: West Africa, primarily local communities
2. Purpose / Mission
- Promotion of agricultural innovation, education, training and social projects.
- Supporting the local population through sustainability and self-initiative, without relying on government support, as far as possible.
- Establishing partnerships and collaborations, including the creation of external companies that promote the CBO’s mission, particularly for financing social and educational projects.
- Adhering to high ethical standards, anti-corruption policies and data protection rules.
3. Membership
- Admission: Written application and approval by the Executive Committee
- Rights: Participation in general meetings, co-determination in important decisions, access to training and resources
- Obligations: Cooperation, compliance with the statutes, data protection guidelines and anti-corruption rules
- Resignation/expulsion: In writing; in the event of a serious violation of the statutes or ethical guidelines, the Executive Committee may revoke membership
4. Organs of the CBO
- General Assembly: Highest organ, decides on fundamental issues, approval of annual reports, amendments to the statutes, dissolution
- Executive Board / Coordination Team: Implementation of projects, financial management, compliance with laws and statutes
- Committees / Project Teams: Optional, to support individual projects or external companies
5. Tasks and responsibilities
- Executive Board: Management of the CBO, administration of projects and finances, ensuring data protection, transparency and corruption prevention
- General Assembly: Approval of strategies, financial plans and external collaborations
- Members: Implementation of projects, compliance with ethical and legal standards
6. External companies
- EAT may establish external companies or legal entities to ensure the financing and implementation of social and educational projects.
- Each external company must support the mission of the CBO and may not serve the personal enrichment of members or third parties.
- The management of external companies is subject to the control of the CBO’s board of directors, including transparency reports and annual audits.
7. Finances
- Funding is provided by: membership fees, donations, proceeds from projects, and, where applicable, investments in external companies
- All funds are managed transparently and used in accordance with anti-corruption and financial guidelines
- Bank accounts are held by the CBO or its controlled external companies
- Audit/annual report: Annual audit of finances by internal or external auditors
8. Amendments to the Articles of Association
- Amendments require a two-thirds majority of the General Meeting
- Amendments must be submitted to the competent registration authority
9. Dissolution
- Resolution of the general meeting with a 2/3 majority
- Remaining funds may only be used for charitable projects within the mission of the CBO.
10. Compliance, anti-corruption and data protection
- Zero tolerance policy: No corruption, no misuse of resources or data
- Data protection: All personal data is processed in accordance with the NADEUM / EAT data protection policy
- Suspected cases of misuse are immediately reported and investigated
- All employees, partners and members are required to complete regular training on compliance, anti-corruption and data protection
11. Dispute resolution
- Internal conflicts shall initially be resolved through mediation / the Executive Board / compliance officers
- If no agreement can be reached, the matter may be referred to a local court or arbitration proceedings
- International partners may be referred to joint arbitration agreements
12. Entry into force
- These Articles of Association shall enter into force upon the establishment of EAT.
- They shall apply to all members, partners and external companies of the CBO
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