WhatsApp has won support from Europe’s top court to challenge a $268 million privacy fine imposed by Ireland’s data regulator. The ruling could allow other tech companies to contest EU privacy penalties. The fine was increased after complaints about WhatsApp’s handling of personal data.
Ireland’s Data Protection Commission (DPC) fined WhatsApp following complaints and later raised the penalty with intervention from the European Data Protection Board (EDPB) in 2021. Meta Platforms, WhatsApp’s parent company, initially lost its appeal at a lower tribunal. Judges ruled it had no legal standing to sue the authority.
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However, the Court of Justice of the European Union (CJEU) disagreed, saying WhatsApp’s challenge is admissible. The court told the lower tribunal to examine the case on its merits. The judges confirmed that EDPB decisions can be challenged directly in EU courts.
WhatsApp said the ruling supports the principle that businesses and individuals can hold the EDPB accountable. The case could also clarify how the 2021 penalty was calculated. This may speed up several other pending appeals by tech firms facing similar fines.
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Since 2020, Ireland’s DPC has fined major tech companies over €4 billion for GDPR breaches but has collected only €17.5 million due to legal challenges. The WhatsApp ruling marks a significant step in European privacy law enforcement and corporate accountability.