JAKARTA - Meta's messaging app WhatsApp was asked to revise its privacy policy, which was introduced in January 2021, and must comply with the European Union's Consumer Law. The deadline given is only until next month.

WhatsApp has long been investigated by the European Union Commission for a series of consumer protection complaints filed by the Consumer Protection Cooperation Network (CPC), led by Sweden's national authority in July 2021.

The investigation also follows complaints by the European Consumer Organization (BEUC) and a number of its member organizations, after WhatsApp attempted to enforce a controversial privacy policy update, causing a huge backlash from users earlier that same year.

According to Reuters on Thursday, June 9, EU law enforcement has the power to impose sanctions on companies found to have violated the EU Consumer Law.

The regulator said Meta had sent a reply to a complaint filed in March, but that didn't convince them, and then prompted the organization to send a second letter on Wednesday.

"WhatsApp must ensure that users understand what they are consenting to and how their personal data is used for commercial purposes, in particular to offer services to commercial partners," EU Commission justice chief Didier Reynders said in a statement.

According to TechCrunch, there is some overlap in the respective regulatory issues, the complaint accusing WhatsApp of unfairly pressuring users to accept changes to its T&C and privacy policy, as well as objecting to the lack of clarity in communications to users, which it claims are insufficient and confusing.

“In particular, WhatsApp was asked to indicate how it plans to communicate future updates to its terms of service, and to do so in a way that makes it easier for consumers to understand the implications of those updates, and freely decide whether they want them to continue using WhatsApp after those updates. The company was also asked to clarify whether it derives revenue from commercial policies related to user data," the EU Commission said.

With this, WhatsApp has one month to demonstrate to consumer protection authorities across the block that its practices comply with EU consumer laws.

It was not immediately clear what might happen if that deadline expired without WhatsApp making the necessary changes.

However, enforcement of consumer protection laws is delegated to national bodies, and the EU Commission essentially takes a coordinating role here as this is a cross-border complaint. So it's possible that WhatsApp is at risk of receiving a series of enforcements at the Member State level.

"Our 2021 update does not change our commitment to user privacy or the way we operate our services, including how we process, use or share data with anyone, including Meta," said a Meta spokesperson.

"We welcome the European Commission's acknowledgment that we have provided users with the necessary information about our updates, including through in-app notifications and our help center. We are currently reviewing the letter from the BPK and will respond in due course."


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