C004 WhatsApp Ireland Limited

Forced Consent & Consent Bypass
Filing DPA
WhatsApp Ireland Limited
Case status
Partial Decision
Filed: (6 years 1 month ago)

The complaint is one of four complaints on "forced consent" (see C001 to C004) which were filed on Max 25th, 2018. The issue is that the user is forced to consent to the processing of their personal data to use the service. Therefore, such consent cannot be considered as free which is a condition under the GDPR.

It was filed in Hamburg and forwarded to the Federal German DPA (BfDI) and then Irish DPA (DPC) as the lead supervisory authority.

ATTENTION: This case is not fully documented in the system

Data Summary
BfDI status update

DPC highlights high work load to BfDI

Phone call with bfdi

we asked the bfdi if they know of any new developments in the case.

BFDI informs that DPC did not share investigation results
Answer from the DPC to noyb on the shift of legal basis by Meta
Partial Decision via EDPB and DPC

The EDPB has forced the DPC to find certain violations by WhatsApp, however other elements of the complaint were not dealt with. There is now disagreement between the German BfDI, the Irish DPC and the EDPB on the other elements still being open to decide or not. The Irish DPC announced that it will file a lawsuit against the EDPB on a finding that it must decide over violations of Article 9 GDPR.

Request for Status of Complaints
Letter to EDPB Access to Files
Complaint filed

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