EDPB publishes Binding Decision concerning WhatsApp

Following the EDPB’s binding dispute resolution decision of December 5th, WhatsApp IE was issued a 5.5 million euro fine by the Irish Data Protection Authority (DPA).

Metadata

Provider:

EDPB

URL:

https://edpb.europa.eu/news/news/2023/edpb-publishes-binding-decision-concerning-whatsapp_en

Retrieved on:

Thursday, January 26, 2023

Information

Tags:

WhatsApp, DPA, Compliance, Marketing, GDPR, Time, IE, Art

Summary

Key Points:

Following the EDPB’s binding dispute resolution decision of December 5th, WhatsApp IE was issued a 5.5 million euro fine by the Irish Data Protection Authority (DPA).
In its Binding Decision, the EDPB instructed the IE DPA to amend its draft decision with respect to the findings concerning lawfulness of the processing and the principle of fairness, and to the corrective measures envisaged.
Regarding the lawfulness of processing for Service improvement purposes, the EDPB decided that WhatsApp IE inappropriately relied on contract as a legal basis to process personal data.
The EDPB further decided that the IE DPA must carry out an investigation into WhatsApp IE’s processing operations in order to determine whether it processes special categories of personal data (Art.