The Federal Competition and Consumer Protection Commission (FCCPC) has imposed a significant fine of $250 million on Meta Platforms, formerly known as Facebook, for breaching Nigerian data privacy laws. The penalty underscores the FCCPC’s commitment to enforcing data protection regulations and safeguarding consumer rights.
Dr. Adamu Abdullahi, Acting Executive Vice Chairman of the FCCPC, announced the Final Order which includes a comprehensive set of actions Meta must undertake to align with Nigerian laws. This includes ceasing the exploitation of Nigerian consumers and market abuses, and adhering to national standards.
The fine of $220 million reflects the FCCPC’s adherence to the Federal Competition and Consumer Protection Act (FCCPA) 2018 and the Federal Competition and Consumer Protection (Administrative Penalties) Regulations 2020. This penalty aims to address the extensive infringements of data privacy laws committed by Meta.
The FCCPC’s statement highlighted its dedication to upholding data protection laws and ensuring that consumer rights are respected. The Commission expressed gratitude for the collaborative efforts with the Nigeria Data Protection Commission (NDPC), which facilitated a thorough investigation into Meta’s practices.
In May 2021, the FCCPC issued an Order and Notice to Show Cause (ONSC) to Meta Platforms Inc. and WhatsApp LLC, collectively referred to as ‘Meta Parties.’ This notice addressed allegations of violations of the FCCPA and the Nigeria Data Protection Regulation (NDPR), which was in effect before the enactment of the Nigeria Data Protection Act (NDPA) 2023. Meta Parties were given an opportunity to respond to these allegations before the final order was issued.
Dr. Abdullahi detailed that the joint investigation with the NDPC, spanning from May 2021 to December 2023, revealed that Meta Parties engaged in multiple and repeated breaches of both the FCCPA and NDPR. These violations included unauthorized data collection, discriminatory practices, and abuse of market dominance. Meta’s practices involved appropriating personal data without consent and enforcing exploitative privacy policies.
The Final Order specifies the nature of Meta’s infringements, including denying Nigerian data subjects their right to self-determination, unauthorized data transfers, discriminatory practices, abuse of dominance, and improper bundling of services.
The FCCPC remains steadfast in its mission to ensure compliance with data protection laws and to promote fair market practices.
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