CJEU Advocate General Backs WhatsApp in €225 Million EDPB Fine Dispute
Meta Platforms’ WhatsApp has received support from an adviser to the Court of Justice of the European Union (CJEU) in its ongoing legal battle against the European Data Protection Board (EDPB). This situation stems from a fine imposed by the Irish data protection authority, which penalized WhatsApp with €225 million for privacy violations in 2021. The fine was issued following complaints regarding the handling of personal data in Ireland, and the EDPB later intervened to increase the penalty.
A lower tribunal had previously dismissed WhatsApp’s challenge against the EDPB, ruling that the company lacked legal standing to contest the authority’s decision. The tribunal stated that WhatsApp was not directly affected by the EDPB’s ruling but could pursue legal action regarding the Irish fine through a national court. Consequently, WhatsApp escalated the matter to the CJEU, seeking a resolution from Europe’s highest court.
Advocate General Tamara Capeta provided a critical assessment of the lower tribunal’s decision, asserting that WhatsApp’s challenge against the EDPB should be considered admissible. She recommended that the case be sent back to the General Court for a thorough evaluation of its merits. The CJEU typically follows the guidance of its advisers, suggesting that a ruling may be forthcoming in the next few months.
The case, identified as C-97/23 P WhatsApp Ireland Ltd v European Data Protection Board, highlights the ongoing complexities surrounding data protection regulations in the European Union. The outcome could have significant implications for WhatsApp and other companies navigating the stringent landscape of EU privacy laws.
