TRIBUNAL ORDERS WHATSAPP, META TO PAY $220M PENALTY OVER DATA DISCRIMINATION
The Competition and Consumer Protection Tribunal has ordered WhatsApp and Meta Platforms Incorporated to pay a $220 million penalty and $35,000 to the Federal Competition and Consumer Protection Commission (FCCPC) within 60 days. The tribunal upheld the FCCPC’s penalty, imposed for alleged discriminatory practices in Nigeria. The tribunal’s three-member panel, led by Thomas Okosun, dismissed WhatsApp and Meta’s appeal against the penalty. “The appellants were given ample opportunity to be heard,” Okosun said. “The tribunal finds that the FCCPC did not exceed its powers while making orders in respect to data protection.” The FCCPC had investigated Meta and WhatsApp for alleged violations of data protection and consumer rights. The Commission expressed concerns about Meta’s allegedly abusive and invasive practices affecting data subjects and consumers in Nigeria. The tribunal found that Meta and WhatsApp were wrong to transfer data of consumers to a third party, which contravened Nigeria’s data protection laws. “The tribunal finds no error in the overall orders of the FCCPC,” the tribunal held. The tribunal made several orders, including that Meta parties must reinstate the right of Nigerian users to determine how their data is shared, cease sharing Nigerian users’ information with Facebook and other third parties without consent, and revert to its 2016 data-sharing policy. Meta parties are also required to submit a letter of compliance to the FCCPC by July 1, 2025, and provide evidence of compliance with the tribunal’s orders.