FCCPC slams $220m fine on WhatsApp, Facebook’s parent company, Meta

The Federal Competition and Consumer Protection Commission (FCCPC) has imposed a fine of $220 million on Meta, parent company of WhatsApp, Facebook, and Instagram, for multiple data privacy violations.

According to a statement on Friday signed by Adamu Abdullahi, FCCPC’s acting chief executive officer, the penalty is in accordance with the FCCPA 2018, and the Federal Competition and Consumer Protection (administrative penalties) Regulations 2020 (APR).

The statement, obtained by News24 Nigeria in Abuja, details the investigation that began in May 2021, adding that the FCCPC issued an Order and Notice to Show Cause (ONSC) to WhatsApp LLC and Meta Platforms, Inc. after finding probable cause of violations.

According to the statement, the Meta Parties were asked to justify why the Commission should not finalize and enforce its orders based on findings from the FCCPA and NDPR, which was the guiding regulation before the Nigeria Data Protection Act (NDPA) 2023 came into effect.

Over a 38-month period, the FCCPC, in collaboration with the Nigeria Data Protection Commission (NDPC), conducted a thorough investigation into Meta’s data practices.

Despite Meta’s partial compliance with information requests and ongoing discussions with investigators, the investigation concluded that Meta engaged in numerous and continuous violations.

These included unauthorized appropriation of personal data, discriminatory practices against Nigerian consumers, and abuse of market dominance through exploitative privacy policies.

The Final Order issued by the Commission mandates Meta to take specific actions to comply with national laws, cease exploitative practices, and stop future violations.

It also imposes a $220 million fine, emphasizing the FCCPC’s commitment to protecting Nigerian consumers’ privacy and ensuring fair market practices.

“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).

“The Commission remains committed to its respective mandates to protect the privacy of Nigerians under the Constitution and all data protection laws and regulations, as well as to ensure that consumer rights are respected, and the markets operate in a fair and transparent manner.

“The Commission appreciates the collaboration by the NDPC, this collaboration and joint investigation demonstrates the mutual desire to ensure compliance with the law, and that malfeasance lead to appropriate accountability,” it said.