FCCPC fines Meta platforms $220 million for ‘discriminatory practices’ in Nigeria
By Oluwaseyi Lawal
The Federal Competition and Consumer Protection Commission (FCCPC) has levied a $220 million fine on Meta Platforms Incorporated for purported discriminatory practices against Nigerian data and consumers.
This was revealed in a statement released on Friday by Dr. Adamu Abdullahi, the Acting Chief Executive Officer of FCCPC.
The fine results from a joint investigation by the FCCPC and the Nigeria Data Protection Commission (NDPC) into Meta’s practices, privacy policies, and their implementation over a 38-month period from May 2021 to December 2023.
The statement indicated that in May 2021, the Commission instructed WhatsApp LLC and Meta Platforms, Inc. (previously known as Facebook Inc.) to respond to its investigative report, which outlined alleged violations of relevant data laws by their actions.
Meta reportedly provided some information in response to the requests and summons during the joint investigation.
“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 statement added.
The Commission revealed that the comprehensive investigation has determined that Meta platforms have, over an extended period, engaged in activities that constitute ongoing violations 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.”
The FCCPC stated that, after thoroughly examining the evidence and giving Meta Parties ample opportunity to present their positions, explanations, defenses, or refutations regarding their conduct and practices under the law, the Commission has issued a final order and imposed a $220,000,000 penalty against Meta Parties.
The final order outlined Meta’s alleged violations, which include denying Nigerian data subjects the right to self-determination, unauthorized transfer and sharing of personal data, including cross-border storage in violation of both current and past laws, discrimination, disparate treatment, and abuse of dominance.
“The Final Order of the Commission mandates steps and actions Meta Parties must take to comply with prevailing law and cease the exploitation of Nigerian consumers and their market abuse, as well as desist from future similar or other conduct/practices that do not meet nationally applicable standards and undermine the rights of consumers.
“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 affirmed its dedication to upholding its mandates, which include protecting the privacy of Nigerians as outlined in the Constitution and all data protection laws and regulations, ensuring consumer rights are respected, and promoting fair and transparent market operations.
RECOMMENDED ARTICLES
Comment
No comments found.