Meta, NDPC seek out-of-court deal on $32.8m data privacy

The Nigeria Data Protection Commission (NDPC) and Meta Platforms, Inc. have agreed to pursue an out-of-court settlement in the ongoing dispute over a $32.8 million fine imposed on the social media giant for alleged privacy violations.

Both parties informed Justice James Omotosho of the Federal High Court, Abuja, of their decision on Friday, shortly after the case was called for ruling.

The NDPC had, on February 18, fined Meta and issued eight corrective orders, accusing the company of breaching the privacy rights of Nigerian users through behavioural advertising practices. The sanction was issued under the Nigeria Data Protection Act, signed into law in June 2023 to strengthen safeguards on personal data.

Meta challenged the decision in court, filing for judicial review and seeking to quash the NDPC’s compliance and enforcement orders. While Justice Omotosho granted Meta leave to pursue the review, he declined its request for a stay of proceedings, instead ordering an accelerated hearing.

The NDPC, however, filed a preliminary objection, arguing that the suit was incompetent and that the court lacked jurisdiction. The judge was expected to rule on both the objection and Meta’s application to amend its processes on Friday.

At the hearing, Meta’s counsel informed the court that both sides had reached an advanced stage in settlement talks, with draft terms already exchanged. NDPC’s lawyer confirmed the development and requested more time to finalise discussions.

Justice Omotosho welcomed the move, stressing the court’s preference for amicable resolution, and adjourned the matter to October 31 for either adoption of settlement terms or delivery of his reserved ruling.