The CNIL sent a public notice India WhatsApp Number List  WhatsApp. The company is accused of transmitting data to Facebook Inc. without users’ consent. If the CNIL today finds several breaches of the Data Protection Act, these formal notices are likely to multiply when the GDPR comes into force (May 25, 2018). An update of the T & Cs that goes badly in Europe In August 2016, WhatsApp updated its Terms of Service . The G29 (group of European CNILs) reacted quickly and asked WhatsApp to explain. Indeed, these new T & Cs allow WhatsApp to transmit certain personal user data to other entities of the Facebook ecosystem. Germany and then the United Kingdom banned these practices

before WhatsApp decided to stop sharing data “for advertising purposes” in Europe. In other words, WhatsApp continues to transmit data to Facebook for the security and improvement of the services but does not use this data for ad targeting. On this subject, the company reassured the CNIL: “the data of the 10 million French users had in reality never been processed for the purposes of advertising targeting. ” Breaches of the law observed by the CNIL On the other hand, according to the CNIL, WhatsApp violates the Data Protection Act in several respects. The concept of “data essential for the proper functioning of the application” is retained for the purpose of “security” but not for the purpose of “business intelligence” (the fact of collecting data to improve the application).

An Update Of The T & Cs That Goes Badly In Europe

The President of the CNIL considers that WhatsApp does not rely on any legal basis, contrary to what the Data Protection Act requires, for any processing. The CNIL therefore considers that consent is not “validly obtained”: Because it is not specific to this purpose (users give global consent for the processing of their data by WhatsApp on the one hand, and Facebook Inc. on the other hand, for ancillary purposes). Because it is not free (users are obliged to accept these T & Cs to use the application, they cannot waive consent). The CNIL also accuses WhatsApp of failing to fulfill its “obligation to cooperate” with the Commission. The CNIL wished – on several occasions –

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to obtain a sample of the data of French users transmitted to Facebook Inc. The company has always refused, thus contesting the legitimacy of the CNIL. The Commission recalls “that it is competent when an operator implements processing resources located in France” and regrets not having “been able to fully examine the compliance of the processing operations implemented by [WhatsApp ] ”. The CNIL grants WhatsApp a period of one month to comply with the law. If WhatsApp accepts it, the case will be closed. Otherwise, a process could be initiated, at the end of which a sanction could be pronounced.

Breaches Of The Law Observed By The Cnil

, A taste of the GDPR In a few months, the General Data Protection Regulation will be applied throughout the European Union. France has also recently published a bill to adapt French law . Major legislative innovations: European countries will have a common legislative arsenal and their legitimacy to verify and possibly sanction illegal business practices will be based on the citizenship of users (if users are European, European CNILs are competent; the domiciliation of the business will have no impact). When the GDPR is applied, this type of formal notice is likely to become legion

The competent authorities will be able to verify precisely the legality of the consents obtained. Let us recall that “consent should be given by a clear positive act by which the data subject expresses in a free, specific, enlightened and unequivocal manner his agreement to the processing of personal data concerning him” . The adjectives “free, specific, enlightened and unambiguous” are important, they mean that: consent cannot be given under duress, that it must correspond to a precise treatment, that the user must be clearly informed, that he must clearly give his agreement (no opt-out). Until May 25, to check the “RGPD-ready” nature of your practices, you can take this quiz designed by Mailjet .

 

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