The FCCPC said the $220 million imposed on the tech company was meant to deter future violations of Nigerian laws by WhatsApp
The Federal Government has described the reports about WhatsApp leaving Nigeria as a strategic move by the company to influence public opinion on the ongoing battle between the government and the tech company.
WhatsApp reportedly considers suspending operations in Nigeria after the Federal Competition and Consumer Protection Commission (FCCPC) imposed a $220 million (over ₦300 billion) fine on the instant messaging and voice-over-IP company owned by Meta, a technology conglomerate over alleged data privacy violation.
What’s the issue between FCCPC and WhatsApp?
Trouble started for WhatsApp in July when the commission accused the company of using its market power to exploit Nigerians’ data without their consent.
The FCCPC claimed the tech company broke several laws, including the FCCPC Act 2018 and the Nigeria Data Protection Regulation 2019 (NDPR).
In addition to the $220 million fine, the FCCPC asked WhatsApp to stop sharing Nigerians’ data with other Meta companies and third parties without approval
The agency is said to have imposed the penalties after three years of monitoring and investigating Meta’s conduct and operations.
However, WhatsApp has denied the allegations raised by the FCCPC, saying the commission’s claim portrays its data handling inaccurately.
In an email to Tech Cabal, WhatsApp said the commission’s claim “Contains multiple inaccuracies and misrepresents how WhatsApp works. WhatsApp relies on limited data to run our service and keep users safe, and it would be impossible to provide WhatsApp in Nigeria or globally without Meta’s infrastructure. We are urgently appealing the order to avoid any impact on users.”
FCCPC responds
Reacting to this, the commission in a statement on Thursday, August 1, 2024, insisted that WhatsApp “engaged in multiple and repeated infringements of the FCCPA and the NDPR which included “denying Nigerians the right to control their personal data, transferring and sharing Nigerian user data without authorisation, and discriminating against Nigerian users.”
The FCCPC said the $220 million imposed on the tech company was meant to deter future violations and ensure accountability, adding that its “actions are based on legitimate concerns about consumer protection and data privacy.”
The commission said similar measures had been taken in other jurisdictions and the affected companies did not threaten to leave the markets.
Corroborating the commission’s reaction, Tunde Irukera, the immediate past Vice Chairman of the agency dismissed WhatsApp’s move to leave the country as a “pure rhetoric” that does not deserve Nigerians’ attention.
“This is pure rhetoric. That a company disregards the nation enough to threaten departure or be allowed to do its biz the way it pleases in violation of law reflects poor governance & compliance culture by the coy & its people. That we feed into it as a people is more unfortunate,” he said.
“The only people who make this rhetoric newsworthy are us Nigerians who pay any attention. The question is whether they violated the law. If they didn’t, appeal as they have & let the legal process run its course. Empty threats to browbeat a nation is condemnable & reprehensible.”
Irukera wondered why WhatsApp is not threatening to leave countries where Meta is facing regulatory actions and appealing large penalties.
