The European Commission has announced that the Meta owned WhatsApp messenger has agreed to abide by the rules of the European Union and be more transparent with its users. In 2021, the messaging service was slapped with a €225 million penalty.
WhatsApp to Follow EU Rules
WhatsApp has agreed to be more transparent about its updates and make it simpler for users to reject them. They have confirmed that users’ personal data won’t be shared for advertising purposes with third parties or meta-companies, including Facebook.
We welcome WhatsApp’s commitments to change its practices to comply with EU rules, informing users better and respecting their choices on contract updates.
EU consumers have a right to understand what they agree to and what that choice concretely entails.#EU4Consumers
— European Commission (@EU_Commission) March 6, 2023
This decision was made after discussions with EU consumer protection agencies and the European Commission. The Swedish Consumer Protection Authority and the Irish Competition and Consumer Commission facilitated the dialogue.
The CPC Network initially contacted WhatsApp in January 2022 after being alerted by the European Consumer Organization and eight of its member associations about alleged unfair practices regarding WhatsApp’s updates to their terms of service and privacy policy.
In June 2022, the CPC Network sent a second letter to WhatsApp reiterating their request for clear information about WhatsApp’s business model and whether they make money from users’ personal data. After discussions with the CPC Network and the Commission, WhatsApp confirmed that they do not use users’ personal data for advertising purposes.
In future policy updates, WhatsApp will:
- Clearly explain any changes to users’ contracts and how it could impact their rights
- Give equal prominence to the option of rejecting or accepting the updated terms of service
- Allow users to dismiss notifications about updates or delay reviewing them
Respect users’ choices and avoid sending recurring notifications.
CPC will closely observe how WhatsApp carries out these promises
The CPC will monitor WhatsApp’s implementation of these commitments during future policy updates and enforce compliance if necessary, including imposing fines. The Commission’s recent study and the CPC sweep on “dark patterns” revealed that many companies use these unethical practices, such as making it harder to unsubscribe from a service than to subscribe. With the Commission’s support, the CPC will continue to intensify their efforts to address illegal practices where they exist.
Speaking on the announcement, Commissioner for Justice, Didier Reynders, said
I welcome WhatsApp’s commitments to changing its practices to comply with EU rules, actively informing users of any changes to their contract, and respecting their choices instead of asking them each time they open the app. Consumers have a right to understand what they agree to and what that choice entails concretely, so that they can decide whether they want to continue using the platform.