Brussels, March 27 Reuters, In a dramatic turn of events, WhatsApp has gained crucial support in its fight against a massive EU privacy fine. An adviser to Europe’s highest court has backed the messaging giant’s challenge against a €225 million ($242.2 million) penalty, setting the stage for a potential showdown with European regulators.
The Privacy Fine That Sparked the Battle
The controversy dates back to 2021, when the DPC in Ireland imposed one of the highest fines in the EU for privacy-related offences against WhatsApp. The fine was given for allegedly mishandling user data in Ireland. This fine was considerably elevated when the EDPB intervened to call for more stringent punitive measures.
WhatsApp’s Legal Fight and the EU Court’s Involvement
The counter reply was from WhatsApp, stating in its argument that the EDPB usurped its powers by ordering Ireland’s regulator to levy a higher fine on WhatsApp. The lower courts settled in 2022 by definitively dismissing the suit filed by WhatsApp with the ruling that it did not have direct standing to sue EDPB and that this could only be challenged in the courts of Ireland.
But WhatsApp is not about to throw in the towel. It has now taken its plea to the highest legal forum available in the EU Court of Justice of the European Union (CJEU).
An Opinion from the EU Court Adviser
On Thursday, CJEU Advocate General Tamara Capeta sided with WhatsApp, stating that the lower tribunal’s reasoning was flawed.
“WhatsApp’s challenge of the EDPB decision is admissible, and the case should be referred back to the General Court for a decision on the merit,” Capeta declared in her non-binding opinion.
Capeta declared in her non-binding opinion.
This decision could mark a turning point in the case, as the CJEU follows its advisers’ recommendations in 80% of cases.
What’s Next?
Depending on the ruling in favour of WhatsApp, the matter may impose limits on the powers of the EDPB with respect to national regulators, thus shaping a new structure for the enforcement of privacy within the EU.
The legal tussle is officially C-97/23 P WhatsApp Ireland Ltd v European Data Protection Board, which is being monitored by tech interests worldwide; it may redefine the future of data privacy laws in Europe.
