The Federal Government has fined Meta Platforms Inc., the parent company of WhatsApp, Facebook, and Instagram, $220 million for allegedly breaching data privacy regulations.
On Friday, July 19, the Federal Competition and Consumer Protection Commission (FCCPC) announced the penalty in a statement, citing violations under the Federal Competition and Consumer Protection Act (FCCPA) 2018 and the Federal Competition and Consumer Protection (Administrative Penalties) Regulations 2020 (APR).
Adamu Abdullahi, Acting Chief Executive Officer of the FCCPC, stated that Meta was found culpable of several infractions. These include unauthorized transfer and sharing of Nigerian data, violations related to cross-border storage, discriminatory practices, abuse of dominance, and tying and bundling practices. Additionally, Meta was accused of denying Nigerian data subjects the right to self-determination regarding their personal data.
The fine highlights Nigeria’s commitment to enforcing data privacy laws and safeguarding its citizens’ personal information. The actions by the FCCPC reflect a broader trend of increased global scrutiny and regulation of technology giants over data privacy concerns.
In its statement, the FCCPC detailed the investigative process leading to the fine. The Commission had issued an Order and Notice to Show Cause (ONSC) to Meta Platforms Inc. and WhatsApp LLC in May 2021, based on evidence and probable cause. The investigation, conducted jointly with the Nigeria Data Protection Commission (NDPC) over 38 months, scrutinized Meta’s privacy policies and operational practices.
Despite engagements and submissions from Meta and its legal representatives, the investigation concluded that Meta had engaged in multiple and repeated infringements of Nigerian laws, including practices deemed abusive and invasive towards Nigerian consumers’ data rights.
Having reviewed the evidence thoroughly, the Commission issued a Final Order and imposed a monetary penalty of $220 million, in accordance with the FCCPA 2018 and the APR.
The Final Order mandates Meta Platforms Inc. to comply with Nigerian laws and cease practices that exploit Nigerian consumers or violate their rights.
Part of the statement read: “The Final Order more elaborately describes the specific conduct or practices of the Meta Parties, relationship between Meta Parties with respect to the infringements, particularly with regard to: 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 Final Order of the Commission mandates steps and actions Meta Parties must take to comply with prevailing law and cease the exploitation of Nigerian consumers and their market abuse, as well as desist from future similar or other conduct/practices that do not meet nationally applicable standards and undermine the rights of consumers.
“The Final order also imposes a monetary penalty of Two Hundred and Twenty Million U.S. Dollars only ($220,000,000.00) (at prevailing exchange rate where applicable) which penalty is in accordance with the FCCPA 2018, and the Federal Competition and Consumer Protection (Administrative Penalties) Regulations 2020 (APR).”
