The Federal Competition and Consumer Protection Commission (FCCPC) has labeled WhatsApp’s claim that it may be forced to exit Nigeria as a strategic move intended to influence public opinion and pressure the Commission to reconsider its recent order.
The FCCPC’s investigation into Meta Platforms and WhatsApp—referred to as “Meta Parties”—revealed alleged violations of 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, including “denying Nigerians the right to control their personal data, transferring and sharing Nigerian user data without authorization, discriminating against Nigerian users compared to users in other jurisdictions and abusing their dominant market position by forcing unfair privacy policies.”
The final order requires Meta Parties to “comply with Nigerian law, stop exploiting Nigerian consumers, change their practices to meet Nigerian standards, and respect consumer rights.”
In addition to these measures, the FCCPC imposed a $220 million monetary penalty to “deter future violations and ensure accountability for the alleged infringements.”
The FCCPC’s actions, the Commission asserts, are based on “legitimate concerns about consumer protection and data privacy” and represent a positive step towards a fairer digital market in Nigeria.
The Commission points out that similar measures have been implemented in other jurisdictions without forcing companies to leave those markets, and Nigeria’s approach will not be different.