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In a significant ruling on 25 April 2025, Nigeria’s Competition and Consumer Protection Tribunal (the Tribunal) upheld a $220 million fine issued by the Federal Competition and Consumer Protection Commission (FCCPC or the Commission) against Meta Platforms Inc. and WhatsApp LLC and proceeded to further award additional $35 million to the FCCPC to cover the costs of investigations.2 This decision, arising from a complex investigation by the FCCPC and the Nigeria Data Protection Commission (NDPC).
In a significant ruling on 25 April 2025, Nigeria’s Competition and Consumer Protection Tribunal (the Tribunal) upheld a $220 million fine issued by the Federal Competition and Consumer Protection Commission (FCCPC or the Commission) against Meta Platforms Inc. and WhatsApp LLC and proceeded to further award additional $35 million to the FCCPC to cover the costs of investigations.2 This decision, arising from a complex investigation by the FCCPC and the Nigeria Data Protection Commission (NDPC), marks a watershed moment in Nigeria's data governance landscape, affirming regulators’ broad jurisdiction over multinational digital platforms and setting an unnerving precedent for domestic enforcement of consumer and privacy rights, even in the face of foreign-based technology entities.
The Tribunal’s judgment not only endorsed the substantive findings of the FCCPC and NDPC’s joint investigation but also responded to significant questions regarding procedural fairness, jurisdictional reach, and the scope of corporate obligations under the Federal Competition and Consumer Protection Act (FCCPA) and Nigeria’s emerging data protection framework.
While the Tribunal’s decision affirms the regulators’ expansive authority, it also raises pertinent questions regarding procedural safeguards, proportionality of penalties, and the practical challenges global technology companies face in complying with diverse national legal regimes.
Background: A Regulatory Convergence
The administrative proceedings stem from a 38-month investigation conducted under the auspices of the Investigative Multi-Agency Partnership for Web Platforms (IMMPW) —a novel interagency coordination mechanism. The focal point was WhatsApp’s 2021 privacy policy update, which enabled certain integrations with Meta services.
Nigerian regulators raised concerns about:
The sufficiency of consent options and clearly articulated choices for Nigerian users to manage the extent of data sharing.
Alleged discriminatory treatment compared to users in the EU and other jurisdictions.
Adequacy of disclosures about the extent and purpose of data sharing.
Following extensive investigative proceedings, the FCCPC issued a Final Order on 19 July 2024, imposing the $220 million fine and directing a rollback of privacy changes perceived to be inconsistent with Nigerian law.
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