Nigerian government hits Meta with $220 million fine over alleged data privacy breaches

The Nigerian Federal Government has imposed a $220 million fine on Facebook’s parent company Meta for alleged data privacy breaches.

The Federal Competition and Consumer Protection Commission (FCCPC) announced the penalties over the weekend, citing violations of the Federal Competition and Consumer Protection Act (FCCPA) of 2018 and the Federal Competition and Consumer Protection (Administrative Penalties) Regulations of 2020 (APR).

According to Adamu Abdullahi, Acting Chief Executive of the FCCPC, Meta was found guilty of several offences, including unauthorised transfer and sharing of Nigerian citizens’ data, cross-border storage offences, discrimination and disparate treatment, abuse of dominance, and tying and bundling practices.

Meta was also accused of denying Nigerian data subjects the right to self-determination over their personal information.

“In May 2021, the Federal Competition and Consumer Protection Commission (the Commission) based on available evidence and sufficient grounds issued an Order and Notice to Show Cause (ONSC) to WhatsApp LLC and Meta Platforms, Inc. (formerly Facebook Inc.) collectively referred to as the ‘Meta Parties’ in connection with this investigation,” the FCCPC said.

“The subject of the ONSC is to submit to the Commission the report of its investigation in respect of its findings that the Meta Parties have by their conduct violated the provisions of the FCCPA and the aforesaid NDPR (which was in force prior to the enactment and operation of the NDPA (Nigerian Data Protection Act), 2023) and for the Meta Parties to show reasonable cause why the Commission should not proceed to enter its order as final and enforceable under the FCCPA, in particular sections 17, 18, 155 and 159.

“Between May 2021 and December 2023, and during this 38-month period, a joint investigation by the Commission and the Nigerian Data Protection Commission (NDPC) into the conduct of Meta Parties, its privacy policies, operations and practices of Meta Parties has progressed.

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“Meta has provided a number of pieces of information/evidence, some of which are in response to requests for documents and summonses in the joint investigation.

“Meta itself, and its appointed legal counsel have also repeatedly engaged with, and met with investigators and analysts from the Commission, and the NDPC, including most recently on April 4, 2024.

English: “The totality of the investigation has concluded that Meta Parties over a protracted period has engaged in conduct that constitutes repeated and persistent violations of the FCCA and the NDPR, specifically, but not limited to, abusive and invasive practices against data subjects/consumers in Nigeria, such as the seizure of data or personal information without consent, discriminatory practices against Nigerian data subjects/consumers or disparate treatment of consumers/data subjects compared to other jurisdictions with similar regulatory frameworks, abuse of dominant market position by imposing unconscionable, exploitative and non-compliant privacy policies that deprive consumers of their personal information without the option or opportunity to self-determine or withhold or provide consent for the collection, use and/or sharing of such personal data.

“Having been satisfied that the substantial evidence on record is sufficient, and that the Meta Parties have been given every opportunity to present their positions, representations, rebuttals, explanations or defences for their actions and practices in accordance with the law, the Commission has now issued a Final Order, and imposed sanctions against the Meta Parties.

“The Final Order describes in more detail the specific conduct or practices of the Meta Parties, the relationship between the Meta Parties in connection with the violations, in particular relating to: Denying Nigerian data subjects their right to self-determination; Unauthorized transfer and sharing of Nigerian data subjects’ personal data, including cross-border storage in violation of then and present applicable laws; Discrimination and disparate treatment; Abuse of Dominance; and Tying and pooling.

“The Commission’s Final Order mandates the steps and actions to be taken by the Meta Parties to comply with applicable laws and stop the exploitation of Nigerian consumers and abuse of their market, as well as to desist from any similar or other conduct/practices in the future that fall short of nationally applicable standards and undermine consumer rights.

“The Final Order also imposes a penalty of Two Hundred Twenty Million U.S. Dollars alone ($220,000,000.00) (at the applicable exchange rate, if applicable) pursuant to the FCCPA 2018, and the Federal Competition and Consumer Protection (Administrative Penalties) Regulation 2020 (APR).”

Nigerian government slams Meta with $220 million fine over alleged data privacy breaches first appeared on Latest Nigeria News | Top Stories from Ripples Nigeria.