In a statement available to the national news brand, the FCCPC said that Meta had violated local consumer and data protection laws with its data-sharing tactics on Facebook and WhatsApp.
The commission claimed that Meta had misused its market dominance, denied Nigerian consumers control over their data, and exchanged data without consent in a statement signed by Adamu Abdullahi, acting executive chairman.
It holds that: “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.”
The Federal Competition and Consumer Protection Act 2018 and the Nigeria Data Protection Regulation 2019, which were in force before the enactment and implementation of the Nigeria Data Protection Act 2023, were allegedly broken by Meta through its platforms. This information led the FCCPC to announce that it had begun its investigation in May 2021.
Continuing, the competition protection body observed that Meta supplied certain information in response to summons and document requests.
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According to it: “Meta representatives and their retained legal counsel have consistently engaged with and met investigators and analysts from the commission and the NDPC, including as recently as April 4, 2024.”
The FCCPC emphasised that during its inquiry, it found evidence that Meta was abusing and invading Nigerian data users. Among other things, this involved discriminatory behaviours against Nigerians and the unauthorised collection of personal data.
Before making a final decision, it emphasised that Meta was allowed to defend itself during the investigation. The order relates to violations, specifically with relation to: “Denying Nigerian data subjects the right to self-determine; unauthorised 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.”
