Germany orders suspension of controversial new WhatsApp D&C

Facebook is based in CNIL, Hamburg, Germany Suspension of WhatsApp’s new General Terms (PDF) May 11. This decision was made under the Emergency GDPR procedure. There is an urgency: new WhatsApp D&Cs should generally come into effect from May 15th.

A controversial update from its announcement

WhatsApp announced its Privacy Policy and its D&C in early 2021, causing buzz everywhere, leading to an increase in signal and telegram downloads. The courier had to postpone the update for several months to clarify its intentions.

At the heart of users’ anger, it is true that WhatsApp allows a certain amount of personal data to be shared with its parent company, Facebook. Another point of tension is that users who plan to refuse the update will gradually be unable to access the service.

Hamburg Data Security and Freedom of Information (HmbBfDI) took up the issue in April through Article 66 on GDP. It’s an emergency procedure that makes it possible to follow through. ” Immediate temporary measures aimed at creating legal consequences in its own territory .

There is no legal basis or reasonable interest in the new Terms of Use

After listening to representatives of the social network, HmbBfDI, which is competent in the German region regarding Facebook, felt that there was no legal basis or more reasonable interest in enforcing WhatsApp’s new terms. The German regulator further considers that information ” Not clear », Paradoxical “and” misleading “Approves data provided by WhatsApp to its users” Not provided or reported for free “The order issued by the German controller should be implemented immediately to temporarily prohibit the use of WhatsApp’s new terms.

Hamburg Commissioner for Data Protection and Freedom of Information Johannes Gaspar hopes to criticize the new conditions. ” Should prompt a fundamental review of the approval mechanism “. She considers it.” Without user confidence, no data-based business model can succeed in the long run .

Will WhatsApp comply with the German decision?

WhatsApp spokesperson quoted Tech Crunch, A ” A fundamental misunderstanding of the purpose and effect of updating WhatsApp “. He added.” Since Hamburg’s DPA claims are incorrect, this command will have no effect on the subsequent release of the update. “These reports indicate that Facebook is considering violating an order issued by the German regulator. Whether the US company complies with the order or not, it is only valid for three months. The only one empowered to finish.