Data Privacy: Tribunal Upholds $220m Fine Against Meta, WhatsApp in Landmark Judgment
. . . As Tribunal’s landmark ruling sets a powerful precedent: multinational corporations, including Meta and WhatsApp, must prioritize Nigerian consumers’ rights and adhere to local regulations, reinforcing the FCCPC’s mandate to safeguard the country’s digital economy and protect citizens’ data.
By Ejiro Umukoro
The Federal Competition and Consumer Protection Commission (FCCPC) has welcomed the judgment of the Competition and Consumer Protection Tribunal, which affirmed the commission’s authority and actions in a case against Meta Platforms Incorporated (Facebook) and WhatsApp LLC. The tribunal’s three-member panel, led by Mr. Thomas Okosun, resolved issues one to seven in favor of the FCCPC, dismissing the appellants’ objections to the commission’s findings, orders, and legal competence.
The case arose from a 38-month joint investigation initiated by the FCCPC and the Nigeria Data Protection Commission into the conduct, privacy practices, and consumer data policies of Meta Platforms and WhatsApp. The commission had imposed a fine of $220 million against Meta Platforms Incorporated and WhatsApp LLC, which the tribunal has now upheld. Additionally, the tribunal awarded $35,000 to the FCCPC as the cost of investigation.
The FCCPC’s Director, Corporate Affairs, Mr. Ondaje Ijagwu, said the commission’s Executive Vice Chairman, Mr. Tunji Bello, commended the FCCPC’s legal team for their exceptional diligence. Ijagwu reiterated the FCCPC’s commitment to championing the rights of Nigerian consumers and ensuring fair business practices in the country.
This judgment is significant, as it reaffirms the FCCPC’s authority under Section 104 of the FCCPA to regulate competition and consumer protection, even in regulated industries. The FCCPC’s actions demonstrate its dedication to protecting Nigerian consumers and promoting a fair business environment.
Past Reports:
This case is a culmination of a lengthy investigation and legal process. Previous reports highlighted the FCCPC’s concerns about Meta’s data practices and the potential implications for Nigerian consumers. The tribunal’s judgment is a significant development in this ongoing saga.
Present Judgment:
The tribunal’s judgment is a major victory for the FCCPC and a significant step towards holding multinational companies accountable for their actions in Nigeria. The judgment sends a strong message about the importance of data protection and consumer rights in the country. The FCCPC’s commitment to enforcing the law and protecting consumers is evident in this case, and it will likely have far-reaching implications for businesses operating in Nigeria.
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