The European Commission announced on Thursday 27 January, in conjunction with the network of national consumer authorities (CPC), that it is sending a letter to the instant messaging company WhatsApp to clarify changes to its terms of service and privacy policy in 2021.
This dialogue with WhatsApp follows an alert issued by the European Consumer Organisation (BEUC) (see EUROPE 12760/11). The European Commission wants to know how the company is complying with its obligations under EU consumer protection law.
More specifically, it seeks to know whether the information given to users is sufficiently clear, in particular on the consequences of their decision to accept or refuse the company’s new terms of service. In addition, the institution wants to ensure the fairness of WhatsApp’s ‘in-app’ notifications encouraging users to accept the new privacy terms.
In addition, there are concerns about the way in which personal user data is shared between WhatsApp and third party companies or companies owned by Meta (formerly Facebook, the giant owner of WhatsApp).
Consumer associations satisfied
BEUC welcomed the decision of the European Commission and the CPC. WhatsApp “bombarded” users for months with persistent ‘pop-up’ messages, the European association’s deputy director-general Ursula Pachl said. “What’s more, consumers didn’t know what they were being pushed to accept. WhatsApp has been deliberately vague about this, laying the ground for far-reaching data processing without valid consent from consumers”, she added.
WhatsApp has until the end of February to respond to the Commission and competent authorities.
To read the BEUC report on WhatsApp’s practices: https://bit.ly/3u4Pqxf (Original version in French by Pascal Hansens)