WhatsApp Secures EU Court Adviser’s Backing in Privacy Fine Dispute

Meta Platforms’ WhatsApp has received a favorable opinion from an adviser to the European Union’s highest court in its ongoing challenge against a privacy-related fine imposed by the Irish data protection authority. According to Reuters, the dispute stems from a decision made by the European Data Protection Board (EDPB) to increase the financial penalty for privacy violations.

In 2021, Ireland’s data protection regulator levied a fine of 225 million euros ($242.2 million) on WhatsApp after reviewing complaints about its handling of personal data in the country. Per Reuters, the EDPB played a crucial role in escalating the penalty.

WhatsApp initially sought to contest the decision, but in 2022, a lower tribunal ruled that the messaging service had no legal standing to challenge the EDPB directly. The tribunal, however, stated that WhatsApp could still take legal action in a national court regarding the fine imposed by Ireland.

Related: WhatsApp Faces EU Oversight After Surpassing DSA User Threshold

WhatsApp subsequently brought its case before the Court of Justice of the European Union (CJEU), arguing against the earlier ruling. On Thursday, CJEU Advocate General Tamara Capeta criticized the lower tribunal’s reasoning, asserting that WhatsApp’s challenge should be considered valid.

“WhatsApp’s challenge of the EDPB decision is admissible and the case should be referred back to the General Court for a decision on the merit,” Capeta stated in a non-binding opinion. The CJEU typically follows the recommendations of its advisers in approximately 80% of cases, meaning the final ruling, expected in the coming months, could align with Capeta’s opinion.

The outcome of this case, officially registered as C-97/23 P WhatsApp Ireland Ltd v European Data Protection Board, could have broader implications for tech companies navigating EU privacy regulations.

Source: Reuters