The Nigeria Data Protection Commission (NDPC) has fined MultiChoice Nigeria N766.2 million for breaching the Nigeria Data Protection Act (NDP Act), marking the largest single penalty issued by the commission since the act’s enactment in 2023. The fine follows an investigation launched in Q2 2024, prompted by allegations of privacy rights violations and unauthorized cross-border data transfers involving Nigerian citizens.
Violations Uncovered
The NDPC’s probe revealed multiple infractions by MultiChoice Nigeria, including violations of subscribers’ data privacy rights and those of non-subscribers linked to them. The commission also found that the company engaged in illegal cross-border transfers of personal data. According to the NDPC, MultiChoice’s data processing practices were deemed “intrusive, unfair, unnecessary, and disproportionate,” constituting a significant violation of the right to privacy under Section 37 of Nigeria’s 1999 Constitution.
The NDPC emphasized Nigeria’s commitment to safeguarding citizens’ data and upholding data sovereignty, which it considers vital for national security, economic growth, and adherence to international and local laws.
Failed Remediation Efforts
Following its standard procedure, the NDPC directed MultiChoice to implement corrective measures to address the violations. However, the commission found the company’s efforts inadequate. “Due to MultiChoice’s lack of cooperation, we have imposed a fine of N766,242,500 for non-compliance with the NDP Act,” stated Babatunde Bamigboye, NDPC’s Head of Legal, Enforcement & Regulations, in a Sunday statement.
The NDPC’s National Commissioner, Dr. Vincent Olatunji, further ordered investigations into all outlets collecting personal data for MultiChoice to ensure compliance with the NDP Act. Outlets found violating the act face penalties, reinforcing the commission’s commitment to enforcement.
Context and Broader Implications
The fine comes amid challenges for MultiChoice Nigeria, which has faced a 1.4 million subscriber decline over two years and implemented price hikes and decoder discounts to regain market share. Dr. Olatunji explained that the NDPC typically prioritizes remediation to support business sustainability and avoid discouraging investment. “We encourage compliance to avoid sanctions, but organizations unwilling to adhere to the law will face penalties,” he told Nairametrics. This approach balances enforcement with economic considerations, ensuring Nigeria remains attractive to investors.
Largest Fine to Date
The N766.2 million penalty is the most significant issued by the NDPC since the NDP Act’s introduction, highlighting the commission’s growing focus on data protection. As Nigeria strengthens its regulatory framework, the fine serves as a warning to companies handling personal data, underscoring the importance of compliance to protect citizens’ privacy and national interests.
