“The provisions on data transfer are scattered across different levels of the data protection declaration, they are unclear and difficult to distinguish between their European and international versions. In addition, their content is misleading and there are considerable contradictions,” the commissioner added. “Even after a more detailed analysis, it cannot be seen what consequences the consent has for the users.”
“Our recent update explains the options people have to message a business on WhatsApp and provides further transparency about how we collect and use data,” a WhatsApp spokesperson said. “As the Hamburg DPA’s claims are wrong, the order will not impact the continued rollout of the update. We remain fully committed to delivering secure and private communications for everyone.”
Despite Facebook’s plan to appeal, the Hamburg Commissioner is calling on the European Data Protection Board to get involved and issue a decision on the matter that applies across the EU.