Following an EU action, WhatsApp will, going forward, provide clear information about changes to its terms of service
Going forward, WhatsApp will inform its users clearly about any changes that it will implement to its terms of service. WhatsApp will inform users on what those changes entail, and it will explain to them what the effects of those changes are. In addition, WhatsApp will make it easier for users to reject the updated terms of service. It will explain what the consequences of rejecting these updates are, for example no longer being able to use WhatsApp’s services. This has been the result of discussions between WhatsApp and the European consumer protection authorities. These discussions were coordinated by the Swedish Consumer Agency and the Irish Competition and Consumer Protection Commission, and were facilitated by the European Commission. The Netherlands Authority for Consumers and Markets (ACM) was one of the authorities that have contributed to this result.
One of the questions that users had with a previous update to the app’s terms of service was whether accepting the updated terms would result in their personal data being shared with Meta (the parent company of WhatsApp, Facebook and Instagram) or others for advertising purposes. WhatsApp has now clarified that this is not the case.
In addition, WhatsApp has made concrete commitments with regard to future changes to its terms of service. Both options of either accepting or rejecting the updated terms of service must be equally clear. In addition, WhatsApp will provide a summary of the updates, including links to extra information if necessary, when offering consumers that choice. Also, users must be able to wait with making their choice, if it comes at a bad time.
The digital economy
The digital economy is one of ACM’s key priorities in 2023. Consumers must be able to participate in the digital economy with confidence, and must be protected against risks such as undue influence. Online service providers must adopt fair terms of service for their customers. ACM will take action against market participants that use misleading and/or aggressive practices.
European cooperation
Eight European national consumer organizations, including the Dutch Consumers’ Association (in Dutch: Consumentenbond), requested authorities to deal with these practices. The national consumer authorities of the EU member states and the European Commission work closely together with the Consumer Protection Cooperation (CPC) Network. They accepted those requests. The results apply to the whole of Europe.