Nigerian government fines Facebook and WhatsApp owners 330 billion naira

Nigeria’s consumer protection agency, FCCPC, has imposed a fine of $220 million, equivalent to approximately N330 billion. Meta Platforms Inc.owners of Facebook, WhatsApp and Instagram, for allegedly abusing the data of their Nigerian users.

According to a statement by FCCPC Chairman Adamu Abdullahi, the agency investigated Meta’s operations between May 2021 and December 2023 and found multiple instances of invasion of the private data of its Nigerian consumers.

The commission’s findings revealed discriminatory and invasive practices against Nigerian consumers, including denial of access to their right to self-determination, unauthorised distribution of their data and cross-border transfer of such data.

“The commission discovered this after Meta provided certain “information/evidence that is in part responsive to document requests and subpoenas…” Abdulahi wrote.

This practice, Abdullahi said, violates the country’s data protection policies set out in the Federal Competition and Consumer Protection Act (FCCPA) of 2018 and the Nigerian Data Protection Regulation (NDPR) of 2019.

It also noted that these invasive practices by Meta are unique to Nigerian consumers, as the agency did not find similar cases in other countries with similar regulations to Nigeria.

“The totality of the investigation has concluded that the Target Parties have over a prolonged period of time engaged in conduct that constitutes multiple and repeated, as well as continuous, violations of the FCCA and the NDPR, in particular, but not limited to, abusive and invasive practices against data subjects/consumers in Nigeria.

These practices include, “appropriating personal information or data without consent, discriminatory practices against Nigerian data subjects/consumers or unequal treatment of consumers/data subjects compared to other jurisdictions with similar regulatory frameworks, abuse of dominant market position by imposing unconscionable, exploitative and non-compliant privacy policies that appropriate consumer personal information without the choice or opportunity to self-determine or otherwise withhold or consent to the collection, use and/or sharing of such personal data,” it said.

FCCPC Final Order

Mr Abdullahi said the commission decided to issue a sanction against Meta parties after gathering adequate evidence and giving the company sufficient time to defend itself.

In the statement, the FCCPC chairman attributes the agency’s decision to the report of the investigation that began in 2021 after the commission found evidence that META may have violated some rules and issued an Order and Notice to Show Cause (ONSC).

The commission, through the ONSC, asked the company to explain why it should not face sanctions for these violations.

READ ALSO: Meta launches digital marketing scholarship program in partnership with Ingressive for Good

“Being satisfied with the evidence on record and having given the Target Parties every opportunity to articulate any position, representation or rebuttal, the Commission has not issued a Final Order,” it said.

The final order imposes a monetary penalty of $22 million, equivalent to approximately N330 billion.

The Final Order also requires Target Parties to comply with applicable law and cease exploitation of Nigerian consumers “and market abuse, as well as desist from future similar or other conduct/practices that fail to meet applicable national standards and undermine consumer rights.”

Mr. Abdullahi said this penalty falls within the scope of the FCCPA’s policy and its administrative sanctions for violators.

“The penalty is in accordance with the FCCPA of 2018 and the Federal Competition and Consumer Protection (Administrative Penalties) Regulations of 2020 (APR).

“The Commission remains committed to its respective mandates to protect the privacy of Nigerians in accordance with the Constitution and all data protection laws and regulations,” he added.

He also urged businesses to ensure that consumer rights are respected and that markets operate in a fair and transparent manner.