Facebook – Whatsapp: The EDPB requires the Irish SA  to carry out statutory investigation on Facebook

Facebook – Whatsapp: The EDPB requires the Irish SA  to carry out statutory investigation on Facebook

On July 15, 2021, the European Data Protection Baord (EDPB) adopted its first urgent binding decision in application of Art. 66(2) GDPR following a request from the Hamburg supervisory authority. 

In this case, the Hambourg Authority ordered a ban on processing WhatsApp users’ data by Facebook Ireland for their own purposes following a change in the Terms of Service and Privacy Policy applicable to European users of WhatsApp Ireland Ltd.

However, under article 66 GDPR, as the Irish supervisory authority is the the lead supervisory authority in this matter, the Hamburg Authority needed the validation of the EDPB for these  provisional measures to become final.

The EDPB rejected the Hamburg Auhtority’s request but requires further investigations to be carried out on Facebook and Whatsapp Ireland.