The Federal Competition and Consumer Protection Commission (FCCPC) has slammed a $220,000,000 penalty against Meta Platforms Incorporated (owners of Facebook, WhatsApp and Instagram) over alleged discriminatory practices against Nigerian data and consumers.
The commission disclosed this on Friday in a statement by the Acting Chief Executive Officer, Dr. Adamu Abdullahi.
It said the penalty followed a joint investigation by the Commission, and the Nigeria Data Protection Commission (NDPC) into Meta platforms’ conduct, privacy policies, the operation thereof, and practices between May 2021 and December 2023, and over this period of 38 months.
It explained that in May 2021, the Commission had directed WhatsApp LLC and Meta Platforms, Inc. (formerly called Facebook Inc.) to defend themselves regarding its investigative report which detailed how their conduct allegedly violated relevant data laws.
Meta was said to have provided some information in response to the requests and summons under the joint investigation.
The statement pointed out that: “Meta Parties by themselves, and retained counsels have also repeatedly engaged with, and met with investigators and analysts from the Commission, and the NDPC, including as recently as April 4, 2024.”
The Commission further disclosed that the totality of the investigation has now concluded that Meta platforms over a protracted period of time have engaged in conduct that constitutes continuing infringements of the FCCPA and NDPR, “particularly, but not limited to abusive, and invasive practices against data subjects/consumers in Nigeria, such as appropriating personal data or information without consent, discriminatory practices against Nigerian data subjects/consumers or disparate treatment of consumers/data subjects compared with other jurisdictions with similar regulatory frameworks, abuse of dominant market position by forcing unscrupulous, exploitative, and non-compliant privacy policies which appropriated consumer personal information without the option or opportunity to self-determine or otherwise withhold or provide consent to the gathering, use, and/or sharing of such personal data.”
Abdullahi stated that being satisfied with the evidence on the record and that Meta Parties have been provided with every opportunity to articulate any position, representations, refutations, explanations or defences of their conduct and practices under law, the Commission has now entered a final Order and issued a penalty against Meta Parties including $220,000,000 fine.
Meta’s alleged infringements as highlighted in the final order include, 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 and abuse of Dominance.
The agencies restated their commitment to their 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.
