WhatsApp’s Threat to “Leave Nigeria” Diversionary, Must Pay $200m Fine- FCCPC

Federal Competition and Consumer Protection Commission (FCCPC) has responded to reports that WhatsApp may exit Nigeria following a recent $220m fine imposed on its parent company, Meta.

The commission views WhatsApp’s “strategic move” as aimed at influencing public opinion and potentially pressuring the regulatory body to reconsider its decision.

The FCCPC insisted that the fine and an accompanying order followed a thorough investigation into Meta Platforms and WhatsApp for alleged violations of Nigerian consumer protection and data privacy laws.

“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 said in a statement released via its X handle on Thursday.

“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 authorisation, discriminating against Nigerian users compared to users in other jurisdictions and abusing their dominant market position by forcing unfair privacy policies.

“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.

Addressing concerns about WhatsApp’s potential exit, the FCCPC stated, “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,” the regulator said.

FCCPC’s reaction comes in response to reports quoting sources at WhatsApp as saying Meta was considering withdrawing certain services from the country as it would be “impossible to provide WhatsApp in Nigeria” under the new conditions.

The regulator’s order requires Meta and WhatsApp to comply with Nigerian law, cease exploiting Nigerian consumers, and respect consumer rights.

Additionally, WhatsApp was directed to stop sharing user data without explicit consent and to enhance user control over data usage.

The investigation against the company reportedly spanned from May 2021 to December 2023, and revealed how the tech giant had engaged in “abusive and invasive practices against data subjects/consumers in Nigeria” over a protracted period.