EU court adviser backs WhatsApp in fight against EU privacy watchdog

Meta Platforms' WhatsApp on Thursday got the backing of an adviser to Europe's top court in its fight against the EU privacy watchdog, which had ordered the Irish data protection authority to jack up a fine four years ago for privacy breaches.

The Irish enforcer fined WhatsApp 225 million euros ($242.2 million) in 2021 following complaints about its use of personal data in Ireland. The higher penalty came after the European Data Protection Board (EDPB) intervened in the case.

A lower tribunal rejected WhatsApp's challenge against the EDPB in 2022, saying it has no legal standing to sue the authority as it was not directly affected by the EDPB's decision, but that it could go to a national court on the Irish fine.


WhatsApp subsequently appealed to the Luxembourg-based Court of Justice of the European Union, Europe's highest.

CJEU Advocate General Tamara Capeta on Thursday faulted the lower tribunal on its analysis.

"WhatsApp's challenge of the EDPB decision is admissible and the case should be referred back to the General Court for a decision on the merit," Capeta said in a non-binding opinion.

The CJEU, which follows its advisers' recommendations in four out of five cases, is expected to rule in the coming months.

The case is C-97/23 P WhatsApp Ireland Ltd v European Data Protection Board.