The Italian CNIL is concerned about the new WhatsApp terms of use… inapplicable in Europe

La Garante per la protezione dei dati personali (GPDP), the Italian equivalent of our Cnil, is concerned about WhatsApp’s new privacy policy.

Inapplicable in Europe

From February 8, 2021, instant messaging users will have to agree to share more data with Facebook and its subsidiaries, otherwise they will no longer be able to use the application. However, these new rules do not apply to European Internet users because they are not compatible with the General Data Protection Regulation (GDPR).

There is no change in WhatsApp’s data sharing practices in the European region (including UK) following the updated Terms of Service “, certified a spokesperson for WhatsApp.

The new policy is unclear

But for the Italian authority, the announcement of WhatsApp is not clear. “The conditions of use (…) are not clear and intelligible and must be carefully evaluated in the light of the regulations on privacy,” wrote the GPDP in its press release.

In other words, it would be impossible for current email users to “understand what changes are going to be introduced, nor to clearly understand what data processing will actually be carried out by the email service from February 8,” adds. she does.

The European Cnil seized

Faced with these uncertainties, the Italian CNIL referred the matter to the European Data Protection Board (EDPS), responsible for contributing to the consistent application of privacy rules in the EU and encouraging cooperation with the authorities. national. It also reserves the right to intervene “urgently” to protect Italian Internet users.

A spokesperson, quoted by Reuters, reacted to this announcement by recalling that the objective of WhatsApp was not to siphon personal data but to “make the way we collect data more transparent‘.

Judicial front in Turkey and India

Changes to WhatsApp’s privacy policy are also subject to legal challenge outside of Europe. In Turkey, the competition authority has opened an investigation into WhatsApp and Facebook while demanding the “suspension” of the update. In India, the country with the largest number of email users, a petition has been addressed to the High Court in Delhi, the equivalent of the Constitutional Council.

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