FCCPC fined Meta Platforms Inc which owns Facebook, Instagram, and WhatsApp, $220 million for allegedly violating data privacy laws in July 2024. After a joint investigation by the Nigeria Data Protection Commission (NDPC) and the Federal Communications Commission (FCCPC), Meta was found to have violated many privacy laws between May 2021 and December 2023. These included giving users' data away without consent, abusing market dominance, and denying Nigerian users access to their data.
The outcome of a thorough 38-month examination of Meta’s operations was the fine imposed by the FCCPC. The commission charged Meta and WhatsApp with breaking Nigerian data privacy laws by preventing users from controlling their personal information, transferring data without authorization, and treating Nigerian users differently than users in other countries.
Meta has said that it will be appealing the fine, stating that it strongly disagrees with the FCCPC’s judgment. Meta defended themselves by claiming that although the 2021 changes to WhatsApp’s terms of service—which detailed interactions with businesses—were initially misinterpreted, they have subsequently become widely known. Meta underlined their dedication to user privacy and openness, and they have been in contact with Nigerian regulatory agencies throughout the inquiry.
In support of its ruling, the FCCPC said that the fine is a step toward guaranteeing an honest digital market in Nigeria and defending the rights of customers. The commission emphasized that such policies have been put in place in other nations without driving businesses out of business. They see WhatsApp’s threat to withdraw from Nigeria as a calculated attempt to change public perception and put pressure on the commission to reevaluate its choice.
Adamu Abdullahi, Acting Executive Chairman of the FCCPC, stated that the investigation and subsequent fine are aimed at protecting Nigerian consumers and ensuring that companies operating in the country adhere to its laws. He reiterated that the fine is not intended to drive WhatsApp out of Nigeria but to enforce compliance with data protection regulations.
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Although the fine is essential, tech analysts have noted that it is in tune with worldwide trends in which regulatory agencies are increasingly holding tech firms responsible for their data practices. They contend that by taking this action, the FCCPC may serve as a model for other African nations to emulate, bolstering data protection laws all around the continent.
The news of the fine and potential exit of WhatsApp from Nigeria sparked a significant response on Twitter. Nigerian users expressed a mix of concern and frustration. Many users criticized the FCCPC’s decision, fearing that losing WhatsApp could disrupt communication and business operations. Others supported the fine, arguing that Meta needs to be held accountable for privacy violations. Influential personalities and tech enthusiasts highlighted the broader implications for data privacy and consumer protection in Nigeria.
WhatsApp was found to have broken multiple Nigerian laws, according to the Federal Competition and Consumer Protection Commission (FCCPC). The Federal Competition and Consumer Protection Act (FCCPA) and the Nigeria Data Protection Regulation (NDPR) were the principal laws broken in these instances. WhatsApp violated the following particular legal provisions:
the infringements, particularly about:
- Denying Nigerian data subjects the right to self-determine:
- Unauthorized transfer and sharing of Nigerian data-subjects personal data,
including cross-border storage in violation of then, and now prevailing law; - Discrimination and disparate treatment,
- Abuse of Dominance; and
- Tying and bundling.
The Commission’s Final Order requires Meta Parties to take the necessary steps to abide by the law, stop abusing the market and taking advantage of Nigerian consumers, and refrain from engaging in any future similar or other behavior that violates national standards or violates the rights of consumers.
A monetary penalty of Two Hundred and Twenty Million U.S. Dollars ($220,000,000.00) (at the applicable prevailing exchange rate) is also imposed by the Final Order. This penalty complies with the Federal Competition and Consumer Protection (Administrative Penalties) Regulations 2020 (APR) and the FCCPA 2018. The Commission is still dedicated to upholding its separate powers under the Constitution to safeguard Nigerians’ privacy and to safeguard all data.
