Meta's messaging platform, WhatsApp, has taken its legal battle against the European Data Protection Board (EDPB) to the Court of Justice of the European Union (CJEU). The case stems from a 225 million euro ($236 million) fine imposed by Ireland's privacy regulator in 2021 following complaints about WhatsApp's handling of personal data.
WhatsApp contends that it should be allowed to challenge the EDPB’s decision, which influenced the size of the fine levied by Ireland's Data Protection Commission (DPC). However, an earlier attempt to overturn the ruling was dismissed by the General Court, the EU's second-highest judicial body, which concluded that WhatsApp was not directly impacted by the EDPB’s directive and that the Irish regulator retained some discretion in the matter.
A Wider Legal Impact The company’s appeal to the CJEU argues that this case could set a precedent for composite administrative proceedings, where EU bodies play a key role in decision-making. WhatsApp’s legal representative, Hans-Georg Kamann, told the court that the EDPB’s intervention has significant legal consequences and directly affects the company. "The order under appeal is flawed and unworkable," Kamann asserted, emphasizing that the EDPB decision had a direct impact on the outcome.
The Irish regulator’s original fine was increased following the EDPB’s involvement, which scrutinized WhatsApp's compliance with EU data privacy laws.
The CJEU is expected to deliver its judgment on the matter next year. The outcome could influence how disputes involving the EDPB and national regulators are handled in the future.
The case is officially titled C-97/23 P WhatsApp Ireland v European Data Protection Board.
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