Privacy battle brings WhatsApp to highest EU court
A privacy dispute involving WhatsApp reaches EU’s top tribunal.
WhatsApp has taken its legal dispute over a €225 million fine to the Court of Justice of the European Union (CJEU). The fine, issued by Ireland’s data protection authority in 2021, stemmed from complaints about the company’s handling of personal data. The penalty increased after intervention by the European Data Protection Board (EDPB).
An earlier challenge to the fine was dismissed by the General Court, the EU’s second-highest tribunal, which ruled that WhatsApp was not directly affected by the EDPB’s decision. The court also noted that the Irish watchdog retained some discretion over the final ruling. WhatsApp has now appealed, arguing that the EDPB’s decisions have direct legal consequences.
Hans-Georg Kamann, representing WhatsApp, told the CJEU that the current framework is flawed and could affect future administrative processes across the EU. The appeal is seen as a critical test of how much influence EU bodies can wield over national regulators in privacy matters.
The CJEU is expected to issue a decision on the case, formally known as C-97/23 P WhatsApp Ireland v European Data Protection Board, in 2024.
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