WhatsApp wins right to contest $268 million Irish privacy fine after overturning lower court’s procedural ruling

WhatsApp has won the right to contest a $268 million fine imposed by Ireland’s data protection authority, marking a legal victory for the Meta-owned messaging platform. On Tuesday, the European Court of Justice (ECJ) ruled that WhatsApp can legally challenge the penalty, overturning a lower court’s decision and extending a five-year-long dispute. The case traces back to a 2021 ruling by the Irish Data Protection Commission (DPC), which fined WhatsApp $268 million for allegedly failing to inform users about how it shared data with its parent company, Facebook, in breach of the European Union’s General Data Protection Regulation (GDPR). The DPC investigation began in December 2018, focusing on WhatsApp’s compliance with GDPR obligations to provide transparent information to individuals regarding data processing. WhatsApp had sought to annul the 2021 decision. The ECJ stated that WhatsApp’s legal challenge is “admissible,” allowing the company to continue contesting the fine. “The Court refers the case back to the General Court for it to rule on the merits, including on whether WhatsApp infringed the relevant provisions of the GDPR,” the court said. WhatsApp also criticized the European Data Protection Board (EDPB), which had intervened in the case, calling it an “unelected authority whose decisions can directly impact businesses and people across the EU.” The company welcomed the court ruling, stating it supports the principle that businesses and individuals should be able to challenge decisions made by the EDPB in EU courts. The case is among several ongoing legal challenges by US technology companies against the EU’s digital regulations. Other companies are contesting measures under the Digital Markets Act (DMA), which regulates the market power of major digital platforms, and the Digital Services Act (DSA), which governs online content. Meta has increasingly criticized EU digital regulations in recent years, arguing that fines under the DMA act as constraints for US companies operating in Europe.



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