CJEU rules WhatsApp can appeal €225m GDPR fine
10/02/2026 | CJEU
On Tuesday, the Court of Justice of the European Union (CJEU) ruled in Case C-97/23 P that WhatsApp can challenge a 2021 European Data Protection Board (EDPB) binding decision that led to the Irish Data Protection Commission (DPC) issuing a €225 million fine for violations of EU General Data Protection Regulation (GDPR) transparency principles concerning its data-sharing plans with Facebook and Instagram.
The CJEU found that when the EDPB settles disputes between data protection authorities (DPAs) over potential GDPR infringements and corrective measures, its findings constitute an act that can be challenged in the European courts. The ruling clarified that because such decisions emanate from an EU body and produce direct legal effects on third parties, they are subject to judicial review.
In the case in question, the CJEU held that WhatsApp's appeal against the EDPB's decision is admissible and has therefore referred the case back to the General Court to examine the merits of WhatsApp's challenge.
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