Social media giant WhatsApp has bowed to pressure from consumer groups across the EU and promised to be more transparent and less aggressive when updating its terms and conditions.
The move comes following the intervention of the Irish Competition and Consumer Protection Commission (CCPC) and other representative organisations across the EU.
The commitment should mean the impact of changes to WhatsApp terms are more clearly explained to users, with options to reject updates highlighted as prominently as those for accepting them.
The company has also committed to ensuring notifications it sends to users are clear, prominent and not aggressive.
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It comes in the wake of correspondence, led by Ireland and Sweden, outlining concerns over how WhatsApp was communicating with consumers.
That correspondence was prompted by the European Consumer Organisation (BEUC) which had alleged unfair practices in the context of WhatsApp’s updates to their terms. It had highlighted “persistent, recurrent and intrusive notifications pushing users to accept WhatsApp’s policy updates” and the “fact that WhatsApp has failed to explain in plain and intelligible language the nature of the changes”.
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According to BEUC it was “basically impossible for consumers to get a clear understanding of what consequences WhatsApp’s changes entail for their privacy, particularly in relation to the transfer of their personal data to Facebook and other third parties”.
The BEUC complaint added that the ambiguity amounted “to a breach of EU consumer law which obliges companies to use clear and transparent contract terms and commercial communications”.
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WhatsApp has now committed to clearly explaining in advance any changes it intends to make to the users’ contracts and how they could affect users’ rights.
It said it would include the possibility of rejecting updated terms of service as prominently as the possibility to accept them, while also committing to “respect users’ choices and refrain from sending aggressive notifications”.
WhatsApp is now required to adhere to these commitments in all future updates presented to users, and Europe’s Consumer Protection Cooperation Network will actively monitor how WhatsApp implements any future updates to its policies.
“It’s crucial that consumers have clear information presented in a consumer-friendly manner so that they can understand and make informed decisions about changes to the terms and conditions of a service they are receiving,” said CCPC spokesman Kevin O’Brien.
“Platforms such as WhatsApp are required to be fair and transparent in how they communicate with their users. This work, led by the CCPC and our Swedish counterparts, will ensure fairer treatment of WhatsApp users in Ireland and across the European Union.”
Minister for Digital Transformation Dara Calleary welcomed the commitment and said it meant WhatsApp would “now have to clearly explain any changes it intends to make to users’ contracts in advance and explain how such changes could affect their rights. It is vital that consumers receive clear information to allow them to make informed decisions”.
