The Federal Competion and Consumer Protection Council (FCCPC) has cautioned META not to contemplate running away from Nigeria as the option does not offer it relief from culpability.
The regulatory body profferred the advise following WhatsApp’s claim that it may be forced to exit Nigeria due to FCCPC’s recent order.
FCCPC insists that it appears that the tech giant could also be contemplating the option as a calculated move aimed at inducing negative public reaction and potentially pressuring the FCCPC to reconsider its decision.
The FCCPC investigated Meta Platforms and WhatsApp (jointly referred to as “Meta Parties”) for allegedly violating the Federal Competition and Consumer Protection Act (FCCPA) and the Nigeria Data Protection Regulation (NDPR).
The Commission found that Meta Parties engaged in multiple and repeated infringements of the FCCPA (2018) and the NDPR.
In a statement by FCCPC Director of Corporate Affairs, Ondaje Ijagwu, the antitrust czar affirms that the infringements included denying Nigerians the right to control their personal data, transferring and sharing Nigerian user data without authorisation.
Others include discriminating against Nigerian users compared to users in other jurisdictions and abusing their dominant market position by forcing unfair privacy policies.
Interestingly, Meta had been fined for similar breaches in Texas ($1.5b) and only recently was asked to pay $1.3 Billion for violating E.U. Data Privacy Rules.
Elsewhere in India, South Korea, France and Australia, Meta had faced varying penalties for similar breaches.
Mr. Ondaje argued that interestingly, Meta never resorted to the blackmail of threatening to exit those countries, but obeyed the judgement.
The recent affirmation of FCCPC’s final order by the Competition and Consumer Protection Tribunal requires Meta Parties to take steps to comply with Nigerian law and stop exploiting Nigerian consumers.
It also urged META to change their practices to meet Nigerian standards and respect consumer rights, consistent with international best practices.
Ondaje cautioned in the statement that hreatening to leave Nigeria does not absolve Meta of liabilities for the outcome of a judicial process.
For the avoidance of doubt, the FCCPC remains committed in its pursuit of consumer protection and data privacy towards ensuring a fairer digital market in Nigeria.
