WhatsApp Commits to Full Compliance with EU Consumer Protection Rules

WhatsApp Commits to Full Compliance with EU Consumer Protection Rules

After engaging in a dialogue with the European Commission and EU consumer protection authorities through the CPC network, WhatsApp has pledged to increase transparency regarding changes to its terms of service.

The company will also simplify the process for users to decline updates when they do not agree with them, and will clearly communicate when doing so will result in the user being unable to use WhatsApp's services.

Additionally, WhatsApp has assured that users' personal data will not be shared with third parties or other Meta companies, including Facebook, for advertising purposes.

The Swedish Consumer Agency and the Irish Competition and Consumer Protection Commission led the dialogue, which was facilitated by the Commission.

“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,” Didier Reynders, Commissioner for Justice, said.

In January 2022, the European Consumer Organisation (BEUC) and eight of its member associations alerted the CPC Network about what they believed were unfair practices by WhatsApp during updates to its terms of service and privacy policy. As a result, the CPC Network sent a letter to WhatsApp requesting more transparency for consumers.

In June 2022, a second letter was sent reiterating the request for clear information about WhatsApp's business model and whether it generates revenue from commercial policies related to users' personal data.

After discussions with the CPC Network and the Commission, WhatsApp confirmed that it does not share users' personal data for advertising purposes.

WhatsApp has committed to implementing several changes for any future policy updates. Firstly, the company will provide clear explanations of the intended changes to users' contracts and how they may impact their rights. Additionally, the option to reject updated terms of service will be as prominent as the option to accept them.

Furthermore, WhatsApp will ensure that users can dismiss notifications about updates or delay reviewing them, and the company will respect users' choices and refrain from sending recurring notifications.

The Consumer Protection Cooperation Network (CPC) will closely monitor how WhatsApp implements these commitments for any future updates to its policies. If necessary, the CPC will enforce compliance and may impose fines as a means of ensuring accountability.

In addition, a recent study conducted by the Commission and the CPC sweep on "dark patterns" has revealed that numerous companies employ such patterns, which make it harder to unsubscribe from a service than to subscribe. The CPC Network, with the backing of the Commission, will continue to increase its efforts in addressing these unlawful practices wherever they arise.

The recently introduced Digital Services Act includes several provisions, including a requirement for services to provide clear terms and conditions in easily understandable language, outlining when a user's content or account may be subject to certain limitations.

Additionally, the Act obligates platforms to implement these restrictions in a diligent, objective, and proportional manner. The DSA will work alongside regulations such as the Unfair Commercial Practices Directive and the General Data Protection Regulation to ensure that platforms cannot manipulate users and that no regulatory gaps exist.

The CPC, or Consumer Protection Cooperation, is a network of authorities tasked with enforcing EU consumer protection laws. To address cross-border concerns, the CPC collaborates at the EU level to coordinate their actions.

Enforcement of EU consumer protection laws falls under the responsibility of national authorities. With the implementation of the Consumer Protection Cooperation Regulation, these authorities have access to a shared toolbox of powerful measures to detect irregularities and quickly and cooperatively address non-compliant businesses.

In addition, the recently adopted Directive on Better Enforcement and Modernisation of Union Consumer Protection Rules has amended existing EU consumer law instruments to increase transparency for consumers when making purchases on online marketplaces.

In addition, the recently adopted Directive on Better Enforcement and Modernization of Union Consumer Protection Rules has amended existing EU consumer law instruments to increase transparency for consumers when making purchases on online marketplaces.