Nigeria: Federal Competition and Consumer Protection Commission issued ruling into Meta Platforms and WhatsApp regarding their alleged violations of antitrust laws, data protection regulations, and consumer protection acts

Description

Federal Competition and Consumer Protection Commission issued ruling into Meta Platforms and WhatsApp regarding their alleged violations of antitrust laws, data protection regulations, and consumer protection acts

On 18 July 2024, the Federal Competition and Consumer Protection Commission (FCCPC) issued a final order to Meta Platforms, Inc. and WhatsApp LLC, following a 38-month joint investigation with the Nigeria Data Protection Commission (NDPC). The order mandates changes to Meta's data handling in Nigeria, including requirements to reinstate users' control over their data, update privacy policies to comply with Nigerian law, cease sharing WhatsApp user information with Facebook companies without explicit consent, and revert to 2016 data sharing practices. Additionally, the order imposes financial penalties, requiring Meta to pay USD 220 million in fines and USD 35'000 in investigation costs within 60 days, whilst also implementing a new opt-in screen for data sharing that must receive prior approval from both the FCCPC and the NDPC. The investigation, which began in May 2021, found that the companies had engaged in multiple and repeated violations of the Federal Competition and Consumer Protection Act (FCCPA) 2018 and the Nigeria Data Protection Regulation (NDPR) 2019. These violations included unauthorised data transfer, discriminatory practices, abuse of market dominance, and denying Nigerian users the right to self-determine the use of their data.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
platform intermediary: user-generated content, messaging service provider
Implementation Level
national
Government Branch
executive
Government Body
consumer protection authority

Complete timeline of this policy change

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2021-05-15
under deliberation

On 15 May 2021, the Federal Competition and Consumer Protection Commission (FCCPC) initiated an inv…

2024-07-18
in force

On 18 July 2024, the Federal Competition and Consumer Protection Commission (FCCPC) issued a final …

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