Berlin Regional Court Prohibits WhatsApp Data Transfer to Facebook
A Berlin court has prohibited WhatsApp from transferring personal data of German users to its parent company Facebook. The ruling stems from a dispute over how consent for data linkage was obtained in 2016.
WhatsApp has been prohibited by the Berlin Regional Court from transferring personal data of German users and information from non-users to its parent company, Facebook. The ruling, made public on February 23, is the latest development in a long-standing legal battle initiated by the Federation of German Consumer Organisations (vzbv).
The court specifically criticized the method WhatsApp used in 2016 to obtain user consent for new terms of service. Users were reportedly pressured through push messages and website notifications to agree to data sharing between WhatsApp and Facebook, a process the court found lacked transparency and voluntariness. The court also took issue with provisions requiring users to confirm authorization for sharing data of individuals in their contact lists, including those who do not use WhatsApp.
In addition to the data transfer ban, the court declared certain clauses in WhatsApp's then-current privacy policy inadmissible for users habitually residing in Germany. This reinforces the position of consumer advocates, who argue that global tech companies must adhere to local consumer protection standards even in their general terms and conditions, especially concerning sensitive metadata.
However, the ruling is not a complete victory for the vzbv. The court dismissed a key part of the lawsuit, which sought to compel WhatsApp to actively request Facebook to delete already transmitted data and to provide proof of this deletion. This means that data already transferred prior to this ruling remains irreversible, despite the underlying consent being deemed unlawful.