Data mining: Europe puts pressure on WhatsApp

Brussels is not done with Whatsapp — and its parent company Meta. The European Commission has sent a new letter to the courier service asking within a month for clarification on the use of data operated by the company.

Brussels is not angry with WhatsApp. After a first summons in January 2022, the European Union has again demanded that WhatsApp be more transparent about the use of personal data operated by the service. In a letter sent to the company, Brussels asks WhatsApp to act “to address outstanding concerns regarding updates to its Terms of Service and Privacy PolicyThe company has until July to put this matter in order.

WhatsApp, “source of confusion” according to the EU

The apple of discord? Again and again the controversy around the new conditions of use presented in 2021. The consumer protection cooperation network (CPC), the Irish Cnil and the Swedish consumer protection authority have asked Meta (the group that owns WhatsApp) to better inform Internet users about “WhatsApp’s business model and, in particular, whether WhatsApp derives revenue from commercial policies relating to users’ personal data“.

It is not so much the content of the terms and conditions that offend the European Commission, but the way these changes are presented to users. “WhatsApp must ensure that users understand what they agree to and how their personal data is used for marketing purposes” said Didier Reynders, commissioner for justice in the commission. Brussels considers that, despite the efforts made by the company, the way in which the changes are presented is still “confusing for users“.

What is wrong with WhatsApp?

The questions WhatsApp will have to answer are very clear and set out in the document made available by the European Commission:

• How WhatsApp makes sure consumers can understand the consequences of accepting terms of service
• How WhatsApp uses consumers’ personal data for marketing purposes and whether consumers understand that WhatsApp shares such data with other Facebook/Meta companies or third parties;
• How WhatsApp ensures that consumers can reject the new terms of service, especially as persistent in-app notifications prompt consumers to accept the respective changes;
• What action WhatsApp intends to take regarding consumers who have already agreed to the terms of service in the mistaken belief that it was necessary in order to continue using the app.

These requests from the European Commission are in line with the spirit of the GDPR. WhatsApp is not asked to cease data processing, but to inform the consumer in a sufficiently clear and concise manner for the latter to be able to give their free and informed consent.