After a record fine of €390 mn. at the start of January, the Irish Data Protection Commission is imposing a further fine of €5.5 mn. on Meta, this time for WhatsApp’s policy with regard to personal data under the GDPR, Le Monde Informatique reports.
Has been welcoming (in tax terms) to American IT companies, but is proving to be as very sensitive area for implementation of the GDPR. Meta has just experienced this once again with a fine of €5,5 mn. imposed by Ireland’s Data Protection Commissioner. This is the social network’s second fine in less than a month; on 4 January the same commission announced a record fine of €390 mn. on the personal data processing policy of Facebook and Instagram (posts passim).
In this instance it’s WhatsApp’s policy that is being censured following a complaint filed on 25 May 2018 – the date the GDPR entered into effect – by a German user. After this date the messaging service updated its general conditions of use and informed its users they had to click on “accept and continue” to indicate their consent. If they did not reply, they no longer had access to the service.As in the decision of 4th January, WhatsApp regards its data processing policy must be considered like a “contract” according to the GDPR (Article 6.1) concluded between the company and the user.
EDPB lays it on thick
The Irish Data Protection Commission investigated and drew up a draft decision which was submitted to the European regulators parties involved in this case. It proposed not imposing additional financial penalties. WhatsApp had already been fined €225 mn. in September 2021 for similar actions. However, the DPC pleaded for recognition of the contractual and thus legal nature of WhatsApp’s personal data policy – a position which caused an outcry from other data protection regulators.
The DPC approached the EDPB for a decision. It dismissed the legal basis of the contract and added an additional infringement of the transparency obligation. As a consequence, the Irish DPC is adding €5.5 mn. to the fine imposed on Meta, WhatsApp’s parent company.