The Federal High Court in Abuja, Nigeria has delivered a precedent-setting judgement against Domino’s Pizza, a restaurant chain owned and operated by Eat’n’Go for using a customer’s data for direct marketing purposes.
Justice Emeka Nwite awarded the applicant, Chukwunweike Araka Akosa N3,000,000 (Three Million Naira) upon establishing that the restaurant sent him direct unsolicited marketing messages via his phone without his consent and went ahead to compensate him for the breach of his fundamental rights.
The court established that the restaurant’s usage of Akosa’s data for direct marketing purposes was unlawful and in violation of Section 37 of Nigeria’s Constitution and Sections 25 and 26 of the Nigeria Data Protection Act, 2023.
The case was reported through Paradigm Initiative’s Ripoti Platform after which the organisation supported the applicant’s legal redress.
While delivering the judgement, Justice Emeka Nwite observed that the continued unsolicited messaging to the applicant constituted an infringement of the right to privacy and failed to meet the lawful data processing requirements under Section 25 of the Act.
While compensating Akosa for the breach of his fundamental rights, he also issued an order directing the restaurant to permanently erase the applicant’s personal data from its systems and to cease all unsolicited direct marketing communications.
Akosa’s legal battle with the restaurant started brewing on December 14th, 2023 when he observed that Dominos Pizza sent him unsolicited messages via his cell phone number, yet he had not provided his personal data to the restaurant nor consented to usage of the same for any marketing purposes.
The messages which began with the salutation ‘Hi Jumians’ had persisted and totaled 16 instances by May 25th, 2024, the court heard. Upon investigation, the court was told, it was discovered that the customer’s personal data initially shared with Jumia Food, an e-commerce platform, had been shared with Domino’s Pizza at the time of placing a food order but was used for marketing purposes without the applicant’s consent after the food order was completed. Jumia’s subsequent email response failed to resolve the issue or prevent further breaches.
Akosa, through Equibridge Attorneys (EBA), informed the court that he had written a formal letter requesting Domino’s Pizza to stop sending promotional messages, delete his personal data and pay compensation for the breach of his rights but the chain denied any wrongdoing or liability, prompting him to seek legal redress to enforce his rights under the law.
The judge noted that Jumia Food, as a data controller under Section 65 of the Nigerian Data Protection Act, 2023 was obligated to ensure the lawful processing of Akosa’s personal data.
However, he found that Jumia satisfied its duty of care by notifying Domino’s to halt the misuse of the customer’s data or breach its obligations under the Act.
The court also ruled that given there is a written agreement between Jumia and Domino’s regarding such an instance of court action exonerates Jumia from liability for the breach and puts it solely on Dominos.
Commenting on the court decision, Equibridge Attorneys (EBA) said the judgement marks a major victory for Paradigm Initiative as it singles out the importance of consent in data processing activities and upholds the privacy rights of individuals as guaranteed under the Nigeria Data Protection Act, 2023, and the Federal Competition and Consumer Protection Act, 2018.
“The ruling against the 2nd respondent’s (Domino’s) direct marketing practices highlights the need for businesses to comply with lawful data processing requirements. It is a judgement that affects all service providers who utilise customer data and send unsolicited marketing messages to customers. It is a judgement that establishes the right of Nigerians to the protection of their data especially from unwanted messages and advertisements,” the firm stated.
Meanwhile, Paradigm Initiative (PIN) said it was pleased to have supported this important case, which highlights the need for stronger enforcement of data protection and digital rights.
“Through our Ripoti platform, we remain committed to assisting individuals across Africa in addressing various digital rights violations. Our goal is to hold both the private sector and government accountable, ensuring that digital rights are respected and protected for all. We look forward to continuing this work and strengthening digital rights advocacy across the continent”, the CSO said.
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