Tag: Privacy Policy

WhatsApp will share user information with Facebook

26. August 2016

Jan Koum, one of WhatsApp’s founders, stated shortly after selling WhatsApp to Facebook in 2014 that the deal would not affect the digital privacy of his mobile messaging service with millions of users.

However, according to the New York Times WhatsApp is about to share user information with Facebook. This week, WhatsApp published a statement saying that it will start to disclose phone numbers and analytics data of its users to Facebook. By doing so, it will be the first time that WhatsApp will connect the data of its users to Facebook.

Furthermoere, due to the fact that WhatsApp begins to built a profitable business after its previous little emphasis on revenue, it is now changing its privacy policy to the extent that WhatsApp wants to allow businesses to contact customers directly through its platform.

WhatsApp commented on the new privacy policy “We want to explore ways for you to communicate with businesses that matter to you, too, while still giving you an experience without third-party banner ads and spam”.

The new privacy policy will allow Facebook to use a users’s phone number to improve other Facebook-operated services like making new Facebook friend suggestions or better-tailored advertising.

However, WhatsApp underlines that neither it nor Facebook will be able to read users’ encrypted messages and emphasizes that individual phone numbers will not be given to advertisers.

Koum explained that “Our values and our respect for your privacy continue to guide the decisions we make at WhatsApp” and went on “It’s why we’ve rolled out end-to-end encryption, which means no one can read your messages other than the people you talk to. Not us, not Facebook, nor anyone else” and concluded “Our focus is the same as it’s always been — giving you a fast, simple and reliable way to stay in touch with friends and loved ones around the world.”

WhatsApp’s new privacy policy raises concerns due to the lack of data protection. Therefore, the president of the Electronic Privacy Information Center, Marc Rotenberg commented that it is about to file a complaint next week with the Federal Trade Commission in order to prevent WhatsApp from sharing users’ data with Facebook. Rotenberg justified this approach as “Many users signed up for WhatsApp and not Facebook, precisely because WhatsApp offered, at the time, better privacy practices” he explained “If the F.T.C. does not bring an enforcement action, it means that even when users choose better privacy services, there is no guarantee their data will be protected.”

 

Category: EU · European Data Protection · International Data Transfers · Personal Data · USA
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How to join the EU-U.S. Privacy Shield?

23. August 2016

In order to join the EU-U.S. Privacy Shield a company has to self-certify and therefore ensure the following requirements:

     1. The eligibility of the company has to be confirmed in order to participate in the

          EU-U.S. Privacy Shield.

     2. Development of a Privacy Policy that is compliant to the EU-U.S. Privacy Shield.

  • The Privacy Policy has to comply with the EU-U.S. Privacy Shield Principles.
  • The Privacy Policy has to refer to the Privacy Shield Compliance.
  • An accurate location for the Privacy Policy has to be provided and made sure that it is publicly available.

    3. Independent recourse mechanisms need to be identified.

  • Enforcement and Liability Principle: the company has to provide an independent recourse mechanism available to investigate unresolved complaints at no cost to the individual.

   4. Verification mechanisms need to be in place.

  • The company is required to have procedures in place for verifying compliance through self-assessments or third party assessments.

     5. Implementation of a person of contact.

  • The company is required to provide a contact with regard to questions, complaints, access requests, and any other issues arising under the EU-U.S. Privacy Shield.

 

Furthermore, the company has to pay a fee depending on the annual revenue:

Company’s Annual RevenueFee
$0 to $5 million$250
Over $5 million to $25 million$650
Over $25 million to $500 million$1,000
Over $500 million to $5 billion$2,500
Over $5 billion$3,250
Category: EU · EU-U.S. Privacy Shield · International Data Transfers
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German courts ruled: WhatsApp has violated the Telemedia Act

28. June 2016

A Berlin Court ruled that WhatsApp failed to comply with the German Telemedia Act and another court upheld this judgment recently. The claim is about WhatsApp forcing German users to agree to terms of service in the English language and therefore breaking consumer protection rules. According to this ruling, WhatsApp violates Germany’s Telemedia Act, as it does not provide consumers with a German company representative in case any questions or concerns occur.

In case the decision will be lawful, WhatsApp will be required to translate the entire terms of service and the privacy policy into German or be fined $283,000.

The CEO of the Federation of German Consumer Organizations, Klaus Müller, said that companies complicate their terms and conditions so that it is difficult for consumers to understand them. He goes on by saying that millions of WhatsApp users in Germany have an even harder time reading and understanding them in English.

Therefore, the problem is that consumers tend to accept the terms and conditions without really knowing what they signed up for.

However, up until today it is not known if WhatsApp will appeal the ruling one last time.

 

Category: German Law
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