After news broke that WhatsApp may exit Nigeria because of a $220 million fine, the Federal Competition and Consumer Protection Commission (FCCPC) has said Nigeria’s case will not be different.
FCCPC said WhatsApp and Meta infringed and violated the privacy rights of Nigerians and were fined in line with the Federal Competition and Consumer Protection Act (FCCPA).
It said the company has been found to have violated the privacy of users in other countries, including the United States, adding that WhatsApp paid fines approved by the US data protection agency without the threat of exiting.
FCCPC said Meta and WhatsApp denied Nigerians their rights to control their personal data and shared Nigeria users’ data without the authorization and consent of citizens.
The regulatory agency also said WhatsApp discriminated against Nigerian users in its business policy when compared with users of other jurisdictions.
In a statement on Thursday, FCCPC advised WhatsApp to take legal steps to address its displeasure with its order.
The statement read: “WhatsApp’s claim that it may be forced to exit Nigeria due to FCCPC’s recent order appears to be a strategic move aimed at influencing public opinion 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 and the NDPR. These infringements included 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 statement added that WhatsApp and Meta are required to comply with Nigeria’s data policy. It stated that the fine of $220 million was to deter WhatsApp from future violations and ensure accountability.
“The final order requires Meta Parties to take steps to comply with Nigerian law, stop exploiting Nigerian consumers, change their practices to meet Nigerian standards and respect consumer rights.
“To deter future violations and ensure accountability for the alleged infringements the FCCPC also imposed a monetary penalty of $220 million.
“The FCCPC’s actions are based on legitimate concerns about consumer protection and data privacy and the order is a positive step towards a fairer digital market in Nigeria. Similar measures are taken in other jurisdictions without forcing companies to leave the market. The case of Nigeria will not be different,” FCCPC said