WhatsApp is considering suspending its services in Nigeria following a $220 million fine imposed by the Federal Competition and Consumer Protection Commission (FCCPC) for data privacy violations.
Sources close to Meta, the parent company of WhatsApp, suggest that they are evaluating the possibility of withdrawing some services from Nigeria due to increasing regulatory pressures.
In addition to the hefty fine, the FCCPC has instructed WhatsApp to stop sharing user data with other Facebook entities and third parties without explicit user consent.
The commission also demands that WhatsApp provide transparency about its data collection methods and improve user control over their data.
In an email to TechCabal, a WhatsApp spokesperson stated, “We want to be clear that, technically, based on the order, it would be impossible to provide WhatsApp in Nigeria or globally.”
The spokesperson criticized the FCCPC’s order as misleading and said it misrepresents WhatsApp’s data practices, requiring significant alterations to the platform’s infrastructure.
While Meta has not specifically addressed the FCCPC’s concerns about user opt-out options following the 2021 privacy policy update, the company insists that this update does not entail sharing user data.
According to their privacy policy, Meta maintains, “While traditionally mobile carriers and operators store this information, we believe that keeping these records for two billion users would be both a privacy and security risk, and we don’t do it.”
A potential withdrawal of WhatsApp from Nigeria would have serious implications for individuals and small businesses that depend heavily on WhatsApp, Instagram, and Facebook for customer interaction.
Some privacy attorneys have questioned the FCCPC’s application of the National Data Protection Regulation (NDPR) as the basis for the fine.
The NDPR, introduced by the National Information Technology Development Agency in 2019, serves as Nigeria’s main data protection framework.
Two anonymous lawyers have expressed skepticism about the NDPR’s legal weight in such a significant case, questioning whether a government regulation can be definitive in privacy matters.
Additionally, two unnamed government officials have raised concerns about the $220 million fine’s fairness. “We are too revenue-focused. What is the opportunity cost of $220 million in government coffers?” questioned an industry expert.
