The Federal Competition and Consumer Protection Commission (FCCPC) has described its exit plan by WhatsApp as a ploy to play on its users’ emotions instead of addressing the specific policy the messaging app violated.
Nigeria’s consumer agency slammed $220 million fine on WhatsApp for data-related violations including transferring data of its Nigerian users with Facebook and other subsidiaries of META, the parent company, without authorization and for “discriminating against Nigerian users compared to users in other jurisdictions.”
The messaging app responded by saying that Nigeria’s regulatory agency didn’t understand how WhatsApp works, stating that it only relies on limited data to run its services “keep users safe, and it would be impossible to provide WhatsApp in Nigeria or globally without Meta’s infrastructure.”
It discloses that if Nigeria’s agency insists on the fine, it may be forced to exit the Nigerian market, even though it says it is “appealing the order to avoid any impact on users.”
But in reaction, FCCPC WhatsApp was only trying to influence public opinion and “potentially pressuring the FCCPC to reconsider its decision.”
The commission affirmed that Meta Platforms and WhatsApp were properly investigated and were found to have violated the Federal Competition and Consumer Protection Act (FCCPA) and the Nigeria Data Protection Regulation (NDPR).
WhatsApp offence
“Meta Parties engaged in multiple and repeated infringements of the FCCPA and the NDPR,” Nigeria’s consumer agency says, listed violations to include:
- denying Nigerians the right to control their personal data,
- transferring Nigerian user data without authorisation
- sharing Nigerian user data without their consent,
- discriminating against Nigerian users compared to users in other jurisdictions, and
- forcing unfair privacy policies on their users because of their dominant market position.
FCCPC admonishes Meta Parties to take steps to comply with the local data protection laws in Nigeria, stop exploiting Nigerian consumers, and respect consumer rights among others.
“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.”
FCCPC says other jurisdictions take similar measures against companies that violate local laws “without forcing companies to leave the market. The case of Nigeria will not be different.”
The agency therefore justified its $220 million fine on META to deter it and other companies from future violations and abiding with the Nigerian laws.