The Data Protection Commission has also announced that WhatsApp Ireland has been given six months to bring its data processing operations into compliance.
Users were informed that if they wished to continue to have access to the WhatsApp service following the introduction of the GDPR, existing users were asked to click “agree and continue” to indicate their acceptance of the updated Terms of Service.In a statement issued today, the DPC outlined that WhatsApp Ireland considered that a contract was entered into between WhatsApp Ireland and the user, upon the user accepting the updated Terms of Service.
This was described as a “breach of its obligations in relation to transparency” and resulted in users having “insufficient clarity as to what processing operations were being carried out on their personal data, and for what purposes”. While there was disagreement with peer regulators in the EU over this issue, the European Data Protection Board found that WhatsApp Ireland “was not entitled to rely on the contract legal basis as providing a lawful basis for its processing of personal data for the purposes of service improvement and security”.
However, the DPC’s said its decision “does not include reference to fresh investigations of all WhatsApp data processing operations”.
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