Meta will appeal $220 million FCCPC fine, disagrees with data privacy claims

Three years after opening an investigation into Whatsapp LLC and its parent company Meta over claims that it did not allow users the option of consenting to the gathering and use of their personal data, Nigeria’s Federal Competition and Consumer Protection Commission (FCCPC) has handed down a fine. 

“The Final order also imposes a monetary penalty of Two Hundred and Twenty Million U.S. Dollars only ($220,000,000.00) (at prevailing exchange rate where applicable) which penalty is in accordance with the FCCPA 2018, and the Federal Competition and Consumer Protection (Administrative Penalties) Regulations 2020 (APR),” said the FCCPC in a statement shared on X. 

A spokesperson for Meta told TechCabal the company disagreed with the judgment and the fine and planned to appeal. The company also disputed the FCCPC’s central claim. 

“In 2021, we went to users globally to explain how talking to businesses, among other things would work, and while there was a lot of confusion then, it’s actually proven quite popular. We disagree with the decision today as well as the fine, and we are appealing the decision,” a WhatsApp spokesperson told TechCabal via email.

The Consumer Protection Commission and the National Data Protection Commission found Meta “engaged in conduct that constituted multiple and repeated, as well as continuing infringements… particularly, but not limited to abusive, and invasive practices against data subjects in Nigeria.”

In October 2023, TechCabal reported that OPay, Meta, and DHL could be asked to pay up to 2% of their gross revenues in 2022 as fines if found guilty of data privacy violations according to Section 48 (5) of the Nigeria Data Protection Act of 2023. 

At the time, a Meta spokesperson told TechCabal it was assisting the NDPC with its inquiries. “Protecting people’s information and giving them control over their data is a company priority,” the company said.

The status of the investigations into OPay and DHL remains undisclosed.