EU: WhatsApp will have to say next month whether it will share data with Meta

Recently, the European Commission announced that WhatsApp must better inform users of how they use their personal data by the end of February. In addition, WhatsApp needs to say whether they will share personal data with parent company Facebook (now known as Meta).

WhatsApp is an instant messaging app launched in 2009 and currently has over 2 billion active users. In 2014, Facebook (now known as Meta) acquired WhatsApp for $19 billion. The European Commission's statement was due to a complaint from the European Consumer Organisation (BEUC).

Last July, BEUC filed a complaint against WhatsApp with the European Commission and the EU Consumer Networks Regulator. BEUC argued that WhatsApp has been pressuring users to accept its privacy policy since it updated its privacy policy in January 2021, in violation of the EU Unfair Business Practices Directive and undermining users' freedom of choice.

Specifically, BEUC said WhatsApp consistently, frequently, and intrusively notifies its users to accept the updated privacy policy. At the same time, WhatsApp failed to explain in plain language how the new privacy policy differed from the old version. It's hard for consumers to understand how changes to WhatsApp's privacy policy will affect their privacy, especially if users' personal data will be transferred to third parties like Facebook (now known as Meta).

EU consumer law requires businesses to use clear and transparent contractual clauses and business communications. As a result, BEUC argues that WhatsApp's "ambiguous approach" also violates EU consumer protection laws.

For months, WhatsApp has been bombarding users with aggressive and frequent pop-up messages, forcing them to accept its new privacy policy. What they keep telling users is that if users don't accept the new privacy policy, they won't be able to use the app anymore. However, WhatsApp deliberately uses vague language to express that consumers are not aware of what kind of privacy policy they have accepted... That's why we call on the authorities to take swift action against WhatsApp to protect consumers' rights. BEUC Director Monique Goyens said.

Following the BEUC complaint, the European Commission and national consumer protection authorities under the swedish Consumer Agency asked WhatsApp to explain how it complies with its obligations under EU consumer protection law.

The European Commission said the issues related to whether WhatsApp provided sufficient clarity to let users know the consequences of agreeing to or rejecting the new terms of service; the fairness of whatsApp notifications in prompting consumers to accept the new terms of service and privacy policy; and whether consumers had a chance to familiarize themselves with its content before accepting the new terms. In addition, the Commission and consumer authorities are also concerned about WhatsApp exchanging users' personal data with third parties or other companies such as Facebook/Meta.

According to the official website of the European Commission, on January 27, the European Commission and the national consumer protection regulator sent a letter to WhatsApp, asking the company to explain the changes it has made to its terms of service and privacy policy in 2021 and to ensure that they comply with EU consumer protection laws.

Didier Reynders, the EU's judicial commissioner, said WhatsApp must ensure that users truly understand what they agree to and how their personal data is being used. "In particular, in which cases this data is shared with business partners."

"I want WhatsApp to fully comply with eu regulations that protect consumers and their privacy, which is why we are launching a formal conversation today." WhatsApp will have to get back to us by the end of February with instructions on how they will address our concerns. Reynders said.

In fact, last September, WhatsApp was already fined for its privacy policy. The Irish Data Protection Commissioner found that WhatsApp violated a number of GDPR regulations by failing to adequately inform how it was processed, its privacy policy and sharing data with its parent company, Facebook (now known as Meta), and fined WhatsApp €225 million.

Written by: Nandu reporter Sun Chao