the Result of the judgment is that of WhatsApp in the Netherlands, an official representative shall designate, to comply with the data protection Act. Reports that the court in the Hague Tuesday.
As WhatsApp is no representative point, the company receives a penalty of 10,000 euros per day is imposed. This can amount to a maximum of 1 million euro.
WhatsApp has currently no staff in the European Union. Parent company Facebook has several offices in the EU, including in Amsterdam.
Privacy act
In 2013, the Authority Personal data, then still the Dutch data protection authority (CBP) was called, that WhatsApp on different faces Dutch privacy violated.
The watchdog had, among others, objected that the app requires access to the entire contactenboek, and that those contacts also have WhatsApp were processed and stored. For example, the app data from non-users.
In 2014 explained the CBP therefore a cease and desist, as it now appears. WhatsApp signed object.
In november 2015, concluded the CBP that WhatsApp changes had been implemented, allowing the privacy of non-users are better protected. The appmaker recognized the jurisdiction of the CBP and wanted no representative in the Netherlands to appoint.
Servers
WhatsApp, stepped to the right to the penalty is still on the table. In the court brought WhatsApp that the app can not be seen as the person responsible for data processing, such as the Dutch law that describes it, because the company has no staff and only works with servers in the US.
The court decided Tuesday, however, that the processing of data is done on Dutch smartphones, and WhatsApp, therefore, is responsible under the Dutch law. The company therefore needs a representative in the Netherlands to appoint.
It is the opinion of the court irrelevant that in 2018 the European rules in force, which force companies in the EU as a whole, at least one representative to be designated as personal data are processed.
Expectation
“WhatsApp is actually no longer imagine our life, about 10 million people who use it,” says a spokesman of the Authority Personal data Tuesday. “You are allowed to of a company like WhatsApp expect that they at least have a representative. Citizens can better exercise their right, and we can better check whether they meet the law requirements.”
The spokesperson would not elaborate on the question of whether the ruling means that even smaller apps now a Dutch representative should have, if they process personal data.
WhatsApp was not immediately available for comment.
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