A PYMNTS Company

Between a Rock and Two Hard Places: WhatsApp at the Crossroad of Competition, Data Protection and Consumer Law

By  |  June 27, 2017

Posted by Social Science Research Network

    Get the Full Story

    Complete the form to unlock this article and enjoy unlimited free access to all PYMNTS content — no additional logins required.

    yesSubscribe to our daily newsletter, PYMNTS Today.

    By completing this form, you agree to receive marketing communications from PYMNTS and to the sharing of your information with our sponsor, if applicable, in accordance with our Privacy Policy and Terms and Conditions.

    Between a Rock and Two Hard Places: WhatsApp at the Crossroad of Competition, Data Protection and Consumer Law

    By Nicolo Zingales (University of Sussex Law School)

    Abstract:     On 11 May 2017, the Italian antitrust and consumer protection authority (Autorita’ Garante della Concorrenza e del Mercato, or AGCM) adopted two decisions in its proceedings against WhatsApp. Both proceedings, initiated under the consumer protection mandate of AGCM, relate to WhatsApp’s terms of service and privacy policy (together referred to as “ToS” hereinafter). In particular, one qualified as “unfair” and “aggressive” WhatsApp’s process of obtaining user consent for its updated ToS, while the other established the unfairness of specific clauses of WhatsApp’s ToS. This comment will address the former decision, while making reference to other proceedings opened against the consumer communication service or its mother company in relation to its latest ToS update.

    Continue Reading…