NDPC and Meta agree to out-of-court settlement over $32.8M data privacy fine


 Nigeria’s Data Protection Commission (NDPC) and Meta Platforms, Inc. — the parent company of Facebook, Instagram, and WhatsApp — have agreed to settle a dispute out of court regarding a $32.8 million fine imposed earlier this year by the regulator. 


The settlement was disclosed in court before Justice James Omotosho in Abuja, when both parties asked the court to defer ruling.  The draft terms of settlement have reportedly been exchanged and discussions are at an advanced stage. 


The court has adjourned the matter to 31 October for either a ruling or adoption of the proposed settlement terms as a consent judgment. 




Background


  • In February 2025, the NDPC imposed the $32.8 million remedial fine along with eight corrective orders on Meta, citing alleged violations of Nigeria’s Data Protection Act.  
  • The alleged violations include: using Nigerians’ personal data for behavioural advertising without proper consent, failing to file required audits, unauthorized cross-border data transfers, and processing data of non-users.  
  • Meta challenged the fine in court, arguing it was denied due process and that the NDPC’s enforcement method was flawed.  





Possible implications & what to watch


  • The settlement may include reduced payment, revised compliance deadlines, or enhanced data governance commitments by Meta.  
  • If adopted as a consent judgment, the agreement could avoid protracted litigation and establish precedents for how global tech firms settle disputes under Nigeria’s data laws.  
  • Regulatory watchers and digital rights groups will likely scrutinize whether the settlement preserves strong enforcement and safeguards Nigerians’ privacy.


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