FG fines Meta $220m for privacy violations, market abuse

The joint investigation, conducted by the Federal Competition and Consumer Protection Commission (FCCPC) and the Nigeria Data Protection Commission (NDPC), revealed extensive and ongoing violations of Nigerian laws, following a comprehensive 38-month investigation into its data privacy practices and market behaviour.

According to information obtained from the commission’s X account, Between May 2021 and December 2023, the investigation scrutinized Meta’s privacy policies and practices, uncovering multiple infringements of the Federal Competition and Consumer Protection Act (FCCPA) and the Nigeria Data Protection Regulation (NDPR).

These violations include the unauthorized appropriation of personal data without user consent, discriminatory practices against Nigerian users, and the abuse of Meta’s dominant market position.

The investigation concluded that Meta engaged in abusive and invasive practices against Nigerian data subjects, such as transferring personal data across borders without authorization and forcing users to accept exploitative privacy policies. Despite being given numerous opportunities to present their case, Meta’s defences were deemed insufficient by the regulatory bodies.

The final order issued by the FCCPC mandates several corrective actions for Meta to comply with Nigerian laws. These include ensuring Nigerian users’ right to data self-determination, ceasing unauthorized data transfers, and eliminating discriminatory practices. The order also imposes a $220 million penalty on Meta, emphasizing the gravity of the violations.

“Being satisfied with the significant evidence on the record, and that Meta Parties have been provided with every opportunity to articulate any position, representations, refutations, explanations or defences of their conduct and practices under law, the Commission has now entered a Final Order, and issued a penalty against Meta Parties. The Final Order more elaborately describes the specific conduct or practices of the Meta Parties, the relationship between Meta Parties concerning the infringements, particularly about.

“Denying Nigerian data subjects the right to self-determine; Unauthorized transfer and sharing of Nigerian data-subjects personal data, including cross-border storage in violation of then, and now prevailing law: Discrimination and disparate treatment; Dominance; Abuse of dominance, and Tying and bundling.