The Federal Competitive and Consumer Protection Commission (FCCPC) has firmly refuted WhatsApp's assertion that it is being compelled to leave Nigeria due to the commission's recent directive to pay $290 million in fines. In a statement released yesterday, the FCCPC asserted that WhatsApp's claim is a deliberate tactic intended to provoke negative public sentiment and potentially pressure the commission to reverse its decision.
According to Ondaje Ijagwu, the Director of Corporate Affairs at the FCCPC, the commission's investigation into Meta Platforms and WhatsApp (collectively referred to as "Meta Parties") revealed multiple and consistent violations of the Federal Competition and Consumer Protection Act (FCCPA) of 2018 and the Nigeria Data Protection Regulation (NDPR).
The FCCPC detailed these infringements, citing Meta Parties' alleged denial of Nigerians' right to control their personal data, the unauthorized transfer and sharing of Nigerian user data, discriminatory practices against Nigerian users compared to those in other regions, and the abuse of their dominant market position through the imposition of unfair privacy policies.
The commission highlighted that Meta has faced similar penalties in other jurisdictions, including a $1.5 billion fine in Texas and a recent $1.3 billion penalty for violating EU data privacy regulations. The FCCPC noted that while Meta has been penalized in India, South Korea, France, and Australia for comparable breaches, the company did not resort to threats of withdrawal in those instances, but rather complied with local regulations.
Ijagwu emphasized that the Competition and Consumer Protection Tribunal's recent affirmation of the FCCPC's final order necessitates that Meta Parties take concrete steps to adhere to Nigerian law. This includes ceasing the exploitation of Nigerian consumers, modifying their practices to align with Nigerian standards, and respecting consumer rights in accordance with international best practices.
The FCCPC underscored that threatening to exit Nigeria does not absolve Meta of its responsibilities stemming from a judicial process. The commission reaffirmed its unwavering commitment to safeguarding consumer protection and data privacy, with the ultimate goal of fostering a more equitable digital marketplace in Nigeria.
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