WhatsApp fined for 3 million euro for having forced its users to share their personal data with Facebook
On 11 May 2017 the ICA closed 2 investigations opened in October 2016 concerning alleged infringements of the Consumer Code by WhatsApp.
- very wide and general exclusions and limitations of responsibility in favor of WhatsApp, also in case of non-performance of contractual obligations by the operator;
- the possibility to unilaterally interrupt the service without reason or advance notice;
- a general right granted to WhatsApp to terminate / rescind the contract in any moment and for any reason and not allowing anymore the user to access / use the services, without granting the same right to the consumer;
- the choice of the law of the State of California as only governing lawin case of disputes, as well as the choice to submit litigations only to the jurisdiction of the U.S. District Court for the Northern District of California or the State Court of California;
- a general right granted to WhatsApp to terminate “orders” without refunds for the services offered, without clarifying the circumstances under which those actions would be carried out;
- the general predominance in case of conflict of the English version of the contract over the Italian one (which is accepted by Italian users), also without allowing the prevalence of the interpretation most favorable to the consumer, independently of the language in which the contractual clause is written.
Rome, 12 May 2017