WhatsApp, owned by Meta Platforms, has received support from an adviser to the European Union’s highest court in its ongoing dispute over a significant privacy fine. In 2021, the Irish data protection authority fined WhatsApp €225 million ($242.2 million) for violating privacy regulations in Ireland. The fine was increased after intervention by the European Data Protection Board (EDPB).
Initially, a lower tribunal rejected WhatsApp’s challenge against the EDPB, stating that the company lacked legal standing to sue. However, WhatsApp appealed to the Court of Justice of the European Union (CJEU). On Thursday, CJEU Advocate General Tamara Capeta disagreed with the tribunal’s reasoning, stating that WhatsApp’s challenge is admissible and should be reviewed by the General Court on its merits.
The CJEU typically follows its advisers’ recommendations in most cases, so a favorable ruling for WhatsApp is possible. The final decision is expected in the coming months. This case could have broader implications for tech companies navigating EU privacy laws.
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