Nigeria: Issued ruling in FCCPC investigation into WhatsApp and Meta Platforms over allegedly violating competition laws and recommending corrective actions

On 18 July 2024, the Federal Competition and Consumer Protection Commission (FCCPC), together with the Nigeria Data Protection Commission, issued their ruling regarding their investigation into WhatsApp and Meta Platforms for allegedly violating competition laws. In particular, the FCCPC determined that Meta and WhatsApp were dominant in the market and engaged in abusive practices that violated Nigerian laws. As a result, Meta must immediately restore Nigerian users' rights to control their data and withdraw consent without losing access to WhatsApp's functionalities. Furthermore, Meta must stop sharing WhatsApp user data with Facebook and third parties until users have given explicit consent. In addition, they are to revert to the data-sharing practices from 2016 and introduce an opt-in screen for users to consent to additional data sharing. The ruling also instructs Meta to cease transferring data between WhatsApp and Facebook without explicit user consent and to provide written assurances to refrain from further violations. Moreover, Meta is required to implement a proposed remedy package within 15 days and notify Nigerian users of these changes. Finally, Meta must reimburse the FCCPC NGN 35’000 for the investigation costs and pay an NGN 220 million penalty within 60 days.