By Edith Hancock
An advisor for the European Union's Court of Justice sided with Meta Platforms' WhatsApp in its legal spat with the EU's privacy watchdog over a 225 million-euro ($242 million) fine.
Tamara Capeta, an advocate general for the bloc's top court, said on Wednesday that judges in a lower court should reassess a legal challenge WhatsApp filed against the European Data Protection Board, saying they made mistakes when they decided to dismiss the company's appeal.
Ireland's Data Protection Commission fined WhatsApp 225 million euros in 2021, saying the popular messaging platform broke multiple provisions in the EU's general data protection law and that it didn't give users enough information about how their data was processed between WhatsApp and Meta's Facebook social network. The fine increased after the EDPB intervened.
WhatsApp initially lost the legal challenge it filed at the general court. Judges there said WhatsApp didn't have standing to challenge the EDPB decision directly under EU law because it wasn't directly affected by the European watchdog's decision, but that it could take its complaint to a national court. The tech company then took its grievance to the Court of Justice in Luxembourg.
"The Court of Justice should set aside the General Court's Order under appeal while declaring WhatsApp's action for annulment admissible," the General Court said.
Judges don't have to follow the advocate general's opinion, but they often do. A final ruling is expected in the coming months.
"We think it's right that people and businesses should be able to challenge binding decisions from the EDPB and it be held fully accountable by the EU courts," a WhatsApp spokesperson said. "We welcome the Advocate General's opinion today and look forward to receiving the Court's judgment in due course."
Write to Edith Hancock at edith.hancock@wsj.com
(END) Dow Jones Newswires
March 27, 2025 10:46 ET (14:46 GMT)
Copyright (c) 2025 Dow Jones & Company, Inc.
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