The Competition and Consumer Protection Tribunal has upheld the $220 million fine imposed by the Federal Competition and Consumer Protection Commission (FCCPC) on Meta Platforms Inc. and WhatsApp LLC for breaching data privacy laws in Nigeria.
In a ruling delivered in Abuja on Friday, the tribunal also ordered the companies to pay an additional $35,000 to the FCCPC as reimbursement for investigative costs, with both fines to be settled within 60 days. According to a statement from the agency’s Director of Corporate Affairs, Ondaje Ijagwu, the verdict was delivered by a three-member panel chaired by Thomas Okosun. The panel upheld the Commission’s authority and actions on nearly all contested points in the case. “The Tribunal confirmed that the Commission operated within the legal framework of the 1999 Constitution (as amended), carried out its mandate properly, and did not overstep its powers,” the statement read.
The fine was initially imposed on July 19, 2024, following a joint 38-month investigation by the FCCPC and the Nigeria Data Protection Commission into the companies’ handling of user data. The investigation, which began in 2020, found multiple violations of privacy regulations by Meta, the parent company of WhatsApp, Facebook, and Instagram.
Meta had contested the fine, questioning both the legal foundation and the findings of the investigation, and filed an appeal. However, the Tribunal ruled overwhelmingly in favour of the FCCPC on the key issues raised. On the claim of denial of fair hearing, the Tribunal ruled that Meta and WhatsApp were given adequate opportunity to respond and participate in the proceedings, affirming that due process was followed. It also affirmed the FCCPC’s authority to handle data privacy matters under Section 104 of the FCCPA, including in sectors that are otherwise regulated.
The Tribunal also found no fault with the Commission’s findings on Meta’s privacy policies, agreeing they violated Nigerian laws. However, it did set aside one aspect of the FCCPC’s Final Order (Order 7), citing insufficient legal backing. FCCPC Executive Vice Chairman and CEO, Mr. Tunji Bello, commended the agency’s legal team for their diligence and reaffirmed the Commission’s commitment to protecting consumer rights and enforcing fair business practices in line with the FCCPA and the administration’s Renewed Hope Agenda.
Source : https://punchng.com/
