MDPPACPB Regulations

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 No licensee shall, directly or indirectly, enter into any arrangement, 
agreement, or understanding—formal or informal—with competitors for the 
purpose of: 
(a) Sharing, pooling, or jointly analysing detailed consumer purchase histories, 
personal behavioural profiles, or transaction-level data; 
(b) Using such data to fix prices, allocate markets, target consumers in a 
discriminatory or exclusionary manner, or create artificial barriers to switching; 
(c) Coordinating or aligning marketing strategies based on shared consumer 
data in a way that distorts competitive dynamics or harms consumer choice. 
(3) Examples of Prohibited Conduct 
 The following shall be presumed to violate this Regulation unless justified under 
a legitimate public interest and approved by the Authority: 
(a) Competitors establishing or operating a joint database of individual 
consumer fuel purchases, fleet refuelling logs, or loyalty programme behaviour 
for strategic commercial use; 
(b) Sharing insights derived from consumer data to suppress competition, deter 
market entry, or reduce price transparency; 
(c) Utilizing consumer data obtained through co-marketing or loyalty 
partnerships to engage in collusive behaviour or consumer exploitation. 
(4) Data Sharing Between Affiliates 
 Any data sharing between affiliated companies under common ownership or 
control must: 
(a) Be consistent with the stated purpose for which consumer data was 
collected; 
(b) Not result in market foreclosure, collusion, or unfair targeting of rival 
customers; 
(c) Be subject to internal safeguards and documented policies to prevent 
misuse. 
(5) Regulatory Oversight and Compliance 
 The Authority may require licensees to: 
(a) Submit data governance and consumer privacy policies for review; 
(b) Disclose any arrangements involving data sharing or joint analytics 
platforms with competitors; 
(c) Undergo compliance audits where consumer data is being used in pricing, 
loyalty, or behavioural targeting systems. 
(6) Sanctions and Remedies:  
A violation of this Regulation constitutes a breach of the Act, the Federal 
Competition and Consumer Protection Act and a potential violation of 
consumer protection or Nigeria Data Protection Act 2023, and may result in: 
(a) Administrative penalties as outlined in Part XVII; 
(b) Orders to cease and desist any unlawful data sharing practices; 
(c) Referral to the Nigeria Data Protection Commission (NDPC) for further 
enforcement; 
(d) Mandatory deletion or anonymization of improperly acquired or shared 
data.