On July 18, 2024, Nigeria’s Federal Competition and Consumer Protection Commission (FCCPC) issued a Final Order and Notice pursuant to a joint investigation with the Nigeria Data Protection Commission, to Meta Platforms, Inc. (Meta), the parent company of Facebook, Instagram, and WhatsApp. A comprehensive 38-month probe for possible violations of the rights of Nigerian consumers in the provision of contact-based instant messaging service in Nigeria under the FCCPC Act of 2018 and the Nigeria Data Protection Regulation (NDPR) of 2019. The FCCPC discovered violations that Meta committed in the investigation that started around May 2021 linked to the 2021 WhatsApp policy change. These violations include preventing Nigerian consumers from making their own decisions, the unauthorized appropriation of personal data without user consent (even across borders), discriminatory practices against Nigerian users, forcing consumers to use specific services together, and the abuse of Meta’s dominant market position. Meta is required to comply with Nigerian laws by taking corrective actions such as reinstating the rights of Nigerian users to self-determination and control of their data, stop unauthorized data transfers, and removing discriminatory practices. The FCCPC’s final order imposes a $220 million U.S. Dollars penalty on Meta to emphasize the seriousness of the violations and to reimburse the Commission the cost of the investigation in the sum of $35 thousand USD.

Meta Platforms, Inc., formerly known as Facebook, Inc., based in Menlo Park, California, is a U.S. technology company that owns and operates Facebook, Instagram, Messenger, WhatsApp, Threads, and Reality Labs. In 2021, Facebook, Inc. rebranded to Meta Platforms, Inc. to reflect its focus on building the metaverse. Despite its diverse portfolio, Meta primarily relies on advertising for revenue, which accounted for 97.8 percent of its total in 2023. As of 2023, Meta’s revenue stands at US$134.9 billion, with an operating income of US$46.75 billion. The company continues to shape the digital landscape and explore new frontiers in technology.

Nigeria has significantly increased its emphasis on data protection by implementing the Nigeria Data Protection Act 2023, as the country boasts 103 million internet users and 36.75 million social media users. Before this act, data protection was primarily overseen by NDPR. The new legislation sets out the legal structure for protecting personal data in Nigeria and establishes the Nigeria Data Protection Commission as the governing body. It mandates that organizations handle data fairly and transparently, respect individuals’ rights, and provide solutions for data breaches.

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