The Robins Kaplan Privacy Pulse: EU Regulators Fine WhatsApp $266 Million for GDPR Violations

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On September 2, 2021, EU regulators fined Facebook-owned chat service, WhatsApp, £225 million (around $266 million) for failing to fully disclose its user data collection and sharing practices. This is the second largest fine since EU regulators began enforcing the General Data Protection Regulation in mid-2018.

Ireland’s Data Protection Commission, which leads GDPR enforcement efforts for Facebook due to its European headquarters in Dublin, was the issuing body for this landmark decision. Initially, the Commission had proposed a £50 million fine, but following objections from eight EU watchdogs, a board of all EU regulators voted to increase the fine.

WhatsApp has three months to bring its privacy and user notification policies into compliance with the GDPR. A WhatsApp spokesperson, however, has said the company will appeal the decision. The appeal can be lodged either in Irish courts or directly with the EU’s Court of Justice, since a board representing all EU privacy regulators voted on the decision.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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