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Spontaneous Deregulation Tests Regulatory Gaps on Digital Platforms

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Austin Okere
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By Austin Okere

There is a perfect storm brewing between Regulators and Technology Platforms. Regulators should ordinarily be one of the most critical enablers of a society.

Austin Okere

They, however, tend to be either a source of support or a headwind against progress. The regulator should not constrict the pursuit of opportunity nor act in a manner to entrench protectionism.

While Nigeria has become one of the world’s fastest-growing technology markets, attracting investments of over $216m in the first quarter of 2021 alone, there is a palpable apprehension among technology start-ups, after a series of regulatory headwinds from different government bodies.

These include the Central bank of Nigeria’s ban on cryptocurrency trading and the Security and Exchanges Commission’s clampdown on technology platforms for purchasing shares in foreign companies outside the Commission’s regulatory purview and registration.

In August 2021, the Central Bank of Nigeria froze the bank accounts of six fintech platforms for 180 days, saying it was investigating “illegal foreign exchange trading”.

“The party’s over: China clamps down on its tech billionaires” was the screaming headline in the Guardian of August 21, 2021. In the article, Vincent Ni reported that Tencent had announced fresh restrictions on the number of time children can spend playing its online games shortly after state media labelled gaming “spiritual opium”.

The major news last October was Alibaba’s fintech spinoff Ant Group suspending its IPO shortly before it went public after high-flying founder Jack Ma expressed dissent against regulators.

In July, the country’s largest ride-hailing company, Didi, became a regulatory target less than 48 hours after it floated in New York. It was ordered to withdraw from app stores and banned from accepting new users pending a review of security risks and data management.

The news wiped $22bn from its market value. Individuals have also been affected.

Last July, Colin Huang, founder of e-commerce platform Pinduoduo, stepped down as chief executive. He later relinquished his chairmanship. In May, Zhang Yiming, boss of TikTok’s parent company, Bytedance, announced his resignation to focus on “reading and daydreaming”.

Further afield in America, the story is not much different. “The Trump-Twitter fight ropes in the rest of Silicon Valley” was the headline on Politico.com on Sunday, May 30, 2020. President Donald Trump tweeted about mail-in voting, alleging without evidence that the effort would lead to voter fraud.

For the first time, Twitter marked the tweet with a small notice that read “Get the facts about mail-in ballots,” which linked to facts-based reporting on the subject. Twitter’s fact-check led Trump to issue an executive order targeting social media companies.

In early June 2021, Nigerian President Muhammadu Buhari announced the indefinite suspension of Twitter after the platform deleted one of his tweets and temporarily suspended his account.

The relationship between platforms and regulation has been thorny right from the start and can at best, be described as a keg of gunpowder waiting to be triggered. Has the time come for the trigger to be pulled?

I wrote this article five years ago in June 2016, and it still captures the essence of this fractious relationship.

I facilitated a seminar for the Lagos Judiciary at the Lagos Business School in May 2016, with the theme Digital Economy and Legal Regulation. The aim of the program was to share insights on the emerging Digital Economy with their Lordships and draw attention to the imperative for regulatory evolution in the face of the pervasiveness of Online Platforms of the kind operated by technology giants such as Facebook, Google, Uber and Airbnb.

There is hardly an area of economic and social interaction these days that is left untouched by these Platforms in some shape or form.

Regulatory Gaps

To fill the regulatory gaps in the digital economy, these behemoths have resorted to what could be referred to as spontaneous deregulation. I first encountered this term in an article by Benjamin Edelman and Damien Geradin and has arisen as a result of digital disrupters ignoring laws and regulations that appear to preclude their business model, which is typically based on providing platforms for crowdsourcing and giving rise to the sharing economy.

Believing in the efficacy of their utility model and its appeal to pent-up global demand, these disrupters seem to see many rules and regulations as belonging to the past and impractical for today’s innovative clime. They therefore simply ignore them, opting for their own version of self-regulation, usually based on a mutual rating system between service providers and consumers.

It is this skirting of existing regulation that is referred to as spontaneous private deregulation.

These disrupters make the rules for themselves as they go along, because in fairness to them, as their platforms reshape markets, the scope of activity subject to regulation tends to decrease, and various forms of protection disappear.

These companies operate in interstitial areas of the law because they present new and fundamentally different issues that were not foreseen when the governing statutes and regulations were enacted.

The major areas in which these digital czars have riled the establishment are in transportation embodied by UBER, hospitality embodied by AirBnB and FINTECHs, with their foray into cryptocurrencies, particularly Bitcoin and Ethereum.

The need for ‘platform fairness’

Axelle Lemaire, French secretary of state in charge of all things digital, insists that France is open to platform operators, but consumers have to be protected. She is sponsoring a law to be passed by the French Parliament which will create the principle of ‘Platform Fairness’.

Karnataka state in India, where Uber piloted its India service two years ago has directed taxi aggregators such as Uber to stop operations in the state until they secure a licence from the government, triggering sharp reactions from the corporate world.

Getting a licence would mean no more surge pricing, complying with the maximum fares fixed by the government periodically and registering with local transport authorities.

The question is why has it taken the Karnataka government such a long time to wake up to regulatory gaps in her transport sector? And how many other cities are in this quagmire?

The U.S Supreme Court recently ended a decade-long battle over Google’s massive book-scanning project, declining to take up an appeal by authors who claimed the company violated copyright law ‘’on an epic scale’’.

The justices denied certiorari in Authors Guild v. Google, 15-849, leaving in place a ruling last year by the U.S. Court of Appeals for the Second Circuit that said Google’s project was permissible. The appeals court decision invoked the ‘’Fair Use’’ doctrine, which permits some ‘’socially beneficial’’ use of published works such as news reporting or research, that would otherwise constitute copyright infringement.

Airbnb has had its fair share of issues with one of her largest markets, New York.  A major concern is a legal regime within which Airbnb operates; one that is marked by poorly drafted laws that fail to account for challenges presented by the sharing economy.

As explained by Airbnb cofounder Brian Chesky, “There were laws created for businesses, and there were laws for people. What the sharing economy did was create a third category: people as businesses,” to which the application of existing laws is often unclear.

These new business models raise complex questions that have not yet been addressed by either legislatures or courts.

Because the threat of enforcement actions can have a chilling effect on start-ups and their users, state and local government officials should consider how their actions may affect burgeoning businesses. Officials should encourage the sharing economy’s growth through collaborative efforts rather than seek to protect incumbent businesses.

Until more people think they can successfully start businesses and prosper, we will not have enough jobs in the economy

Regulation seems too slow in catching up

The slow pace of regulation evolution seems to strongly suggest that the legal profession itself is ripe for a technology revolution that will optimise the largely manual and laborious process of enacting laws and regulation in the face of the aggressive pace of digital innovation.

I recall the indignation of their Lordships when I cautioned that the learned profession could be more vulnerable than they think when it comes to disruption. Emerging technologies like cognitive computing and other forms of machine learning can help narrow the gap between regulation and innovation.

Green shoots of technology in Law and Regulation

My take expressed to their Lordships after the seminar was that the digital revolution is like a train whose drivers are the entrepreneur disrupters. The passengers are the global customers with pent-up demand for the value and convenience that Platforms provide.

Staying on the right side of the law in a digital world

Naysayers to this phenomenon can stand in front of the train and be crushed, stay on the platform and be left behind, or come on board for a ride into progressive partnerships. Regulators still have much to learn about how to deal with platforms. They have no choice but to get more involved and get the needed expertise. But will they? The jury is still out.

Austin Okere is the Founder of CWG Plc, & Entrepreneur in Residence at CBS, New York. Austin also serves on the Advisory Board of the Global Business School Network.


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E-Business

NITDA Ignites a Revolution for Gender Inclusion in Nigeria’s AI and Digital Economy

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In a powerful stride towards an inclusive digital future, the National Information Technology Development Agency (NITDA) is spearheading a transformative drive to empower Nigerian women in the Artificial Intelligence (AI) and digital economy.

This commitment was resoundingly reiterated by NITDA’s Director General, Kashifu Inuwa CCIE, at the “Innovate Her 25” conference, the 10th National Conference and 11th Annual Meeting of Nigerian Women in Information Technology.

Speaking at the event themed “Women in AI: Unlocking Resilience, Fostering Innovation and Leadership,” Inuwa, represented by Dr. Aristotle Onumo, Director of Stakeholder Management and Partnerships, emphasised that true innovation blossoms not in isolation, but through synergistic partnerships and collective endeavor – principles deeply embedded in NITDA’s operational ethos.

Highlighting Nigeria’s Artificial Intelligence (AI) Strategy, Inuwa added that inclusivity is embedded as a core objective: “Our strategic roadmap mandates that at least 40% of our programmes directly benefit women and underserved groups. We have also developed a Gender Inclusion Strategy to guide interventions in areas such as training and infrastructure,” he explained.

Further underscoring Nigeria’s leadership in the digital space, Inuwa excitingly announced that in September 2025, NITDA will proudly host a Leadership Summit on AI. This landmark event will convene stakeholders from across the African continent, fostering a collaborative environment to forge a unified AI vision for Africa.

In alignment with the conference’s focus on empowering women in technology, the DG detailed NITDA’s diverse capacity-building initiatives spanning AI, cloud computing, and cybersecurity. “We work with partners such as the Renew Hope Initiative to train thousands of women across Nigeria’s six geopolitical zones,” he revealed, highlighting the agency’s broad reach.

NITDA stands ready to collaborate with organisations like the Nigerian Women in Information Technology (NIWIT), actively encouraging proposals for bespoke programmes that cater to specific community needs. “We focus on targeted training with measurable outcomes, rather than generic approaches,” Inuwa affirmed, emphasising a results-oriented methodology.

He further spotlighted NITDA’s “Digital Literacy for All Initiative,” which seeks to equip 70% of Nigerians with digital literacy by 2027. Through strategic partnerships with the NYSC and the integration of digital literacy into national school curricula, the agency plans to train over 30 million Nigerians — with a dedicated focus on underserved communities and public servants.

Addressing critical concerns surrounding ethical AI, Inuwa emphasised the importance of developing indigenous datasets and large language models reflective of Nigeria’s unique realities: “We are working closely with stakeholders to build local datasets that safeguard Nigerians’ digital rights and ensure ethical AI use,” he assured.

NITDA is also championing mentorship for women in technology through impactful initiatives such as Women Innovate. The agency warmly welcomes collaboration with NIWIT to design structured mentorship programmes and is open to formalising such partnerships through Memoranda of Understanding (MoUs).

“NITDA is committed to fostering inclusive economic growth through innovation. Partnership and collaboration remain the way forward,” Inuwa declared.

The session concluded with a resounding call to action, urging women-focused organisations to leverage NITDA’s open-door policy and unite in advancing digital inclusion across Nigeria. The future of Nigeria’s digital economy is inclusive, and women are at its forefront.


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E-Business

Amazon CEO Says AI will Reduce Number of Workers Needed

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Amazon’s management on Wednesday said that it expects that artificial intelligence software will reduce the number of office workers at the world’s largest online retailer.

Amazon CEO Says AI will Reduce Number of Workers Needed

Andy Jassy, chief executive, Amazon

“We will need fewer people doing some of the jobs that are being done today and more people doing other types of jobs,” Andy Jassy, chief executive, Amazon  wrote in an email to employees.

He said it was difficult to predict how the overall workforce will evolve, but in the next few years, it is expected that AI efficiency gains will lead to a reduction in the number of office workers.

According to earlier reports, Amazon employed around 1.5 million people worldwide, with approximately 350,000 office employees in various roles.

The Wall Street Journal reported that the company does not anticipate further large-scale layoffs, as seen in 2022 and 2023, in the near future.

Instead, it expects that vacant positions will not be refilled.

However, layoffs are not ruled out, according to sources familiar with the matter.

“Amazon is focusing on so-called AI agents, software capable of independently performing tasks. These agents could, for example, summarise information from the web and data sources, write software, translate languages and automate many time-consuming tasks,” Mr Jassy explained.

“Agents will be teammates that we can call on at various stages of our work,” he added, urging employees to experiment with AI whenever possible.

The impact of AI on the job market has been a concern for many years.

Recently, Spotify, the leader in music streaming, announced that teams requesting additional staff would first need to prove that AI could not perform the tasks.

The creators of the language-learning app Duolingo plan to gradually replace external workers with AI.

 

 

 

 


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BPP Partners NDPC to Strengthen Data Protection

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Dr Adebowale Adedokun, director-general, Bureau of Public Procurement (BPP), has reaffirmed the bureau’s commitment to data protection in Nigeria.

BPP Partners NDPC to Strengthen Data Protection

He disclosed this in a statement at the weekend by Zira Nagga, head of Public Relations, BPP, following a courtesy visit by a delegation from the National Data Protection Commission (NDPC).

Adedokun stressed that data protection is vital to Nigeria’s economy and development, particularly in areas such as demography, health, education, and other key sectors.

He emphasised that no country should leave its data unprotected, as it plays a crucial role in future planning and national development.

“Data governs the world. It is essential to technological progress and must be protected for a country or business to be taken seriously,” he said.

Adedokun described the visit, aimed at fostering partnership on data policy implementation and protection, as timely and aligned with national goals.

He said the BPP would collaborate closely with the NDPC to boost data development, capacity building, and enhance the procurement system.

“The BPP will support compliance as part of the ‘Nigeria First’ Policy, although it is not a core procurement eligibility requirement,” he explained.

He suggested a hybrid training model to help build strong capacity in data protection, privacy awareness, and policy understanding.

According to him, a dynamic training approach will reduce logistics costs and improve public confidence in data safety and privacy.

Dr Vincent Olatunji, CEO, and national commissioner, NDPC, praised Adedokun and the BPP for supporting data protection initiatives.

He said the partnership supports President Bola Tinubu’s vision and will strengthen data privacy across Ministries, Departments, and Agencies (MDAs).

“The collaboration will create awareness and train BPP staff to ensure a firm grasp of data protection principles and policies,” he stated.

Olatunji said the NDPC would establish a working group to finalise a Memorandum of Understanding beneficial to both institutions.

He added that President Tinubu signed the NDPC into law on 12 June 2023 to uphold citizens’ rights and protect national and business data.

Olatunji also noted that strict legal measures were in place to enforce data protection and ensure full compliance nationwide.

Both agencies agreed to form a team to sign the MoU and focus on capacity building and data management in procurement and beyond.

 

 


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