FCCPC Fines Meta $220M for Violating Nigerian Data Protection Laws

In a decisive move to protect Nigerian consumers’ data privacy, the Federal Competition and Consumer Protection Commission (FCCPC) has issued a Final Order against Meta Platforms, Inc. and WhatsApp LLC. Following a comprehensive 38-month investigation, the Commission, in collaboration with the Nigeria Data Protection Commission (NDPC), concluded that Meta Parties engaged in numerous violations of the Federal Competition and Consumer Protection Act (FCCPA) 2018 and Nigeria Data Protection Regulation (NDPR) 2019.

The investigation, initiated in May 2021, was driven by substantial evidence suggesting Meta Parties’ conduct infringed on various provisions of the FCCPA and NDPR. Despite multiple engagements and opportunities to respond, Meta Platforms and WhatsApp were found guilty of several abusive practices against Nigerian data subjects, including unauthorized data appropriation, discriminatory practices, and abuse of dominant market position.

The key findings of the investigation revealed that Meta Parties denied Nigerian consumers the right to self-determine how their personal data is used. Additionally, personal data was transferred and stored across borders without proper authorization. Nigerian consumers faced disparate treatment compared to users in other jurisdictions, and exploitative privacy policies were enforced, compromising consumer consent and data protection. Unfair practices were also employed to tie services and data collection, further infringing on consumer rights.

The Final Order not only mandates corrective measures to align Meta Parties’ practices with Nigerian laws but also imposes a significant monetary penalty of $220 million. This penalty, in line with the FCCPA 2018 and the Federal Competition and Consumer Protection (Administrative Penalties) Regulations 2020, underscores the Commission’s commitment to enforcing consumer protection and data privacy regulations.

Dr. Adamu Abdullahi, the Acting Executive Vice Chairman/CEO of FCCPC, emphasized the importance of this enforcement action, stating that this landmark decision demonstrates our unwavering commitment to safeguarding the privacy and rights of Nigerian consumers. The collaboration with the NDPC showcases our mutual dedication to holding entities accountable and ensuring compliance with the law.