WhatsApp’s claim that it may be forced to exit Nigeria due to a recent verdict by the Federal Competition and Consumers Protection Commission (FCCPC), is a calculated move at inducing negative public reaction and potentially putting pressure on the Commission to review its decision.
According to a statement Saturday by the Director, Corporate Affairs, FCCPC, Mr. Ondaje Ijagwu, the Commission found that Meta Parties engaged in multiple and repeated infringements of the FCCPA (2018) 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,” he said..
FCCPC investigated Meta Platforms and WhatsApp (jointly referred to as “Meta Parties”) for allegedly violating the FCCPA Act and also the Nigeria Data Protection Regulation (NDPR).
Interestingly, the statement noted, “Meta had been fined for similar breaches in Texas ($1.5b) and only recently was asked to pay $1.3 billion for violating E.U. Data Privacy Rules.
“Elsewhere in India, South Korea, France and Australia, Meta had faced varying penalties for similar breaches.
“But Meta never resorted to the blackmail of threatening to exit those countries. They obeyed,” FCCPC stated.
The statement noted that, “the recent affirmation of FCCPC’s final order by the Competition and Consumer Protection Tribunal, 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, consistent with international best practices.
“Threatening to leave Nigeria does not absolve Meta of liabilities for the outcome of a judicial process”.
The Commission added, “for the avoidance of doubt, the FCCPC remains committed in its pursuit of consumer protection and data privacy towards ensuring a fairer digital market in Nigeria”.
