Will WhatsApp return to Ireland Big Tech after the maximum penalty?

Will WhatsApp return to Ireland Big Tech after the maximum penalty?

Francesca Bassa, a partner and privacy lawyer at the BD Legal Law Firm in Milan, explains why Irish licenses are “important” to Ireland and the European Union.

The recent approval by Irish Data Protection Commission (DPC) WhatsApp Ireland of a 22 225 million fine for violating EU data privacy laws is historic.

The Irish body concluded after an inquiry launched in December 2018 that the messaging app “does not meet its transparency obligations” about communicating with users about data usage. EDPB (European Data Protection Board). WhatsApp has announced that it will consider the sanctions “absolutely disproportionate” and will appeal. In addition to an administrative permit, the Authority has issued a warning and order to WhatsApp to adopt a series of specific corrective actions and act in accordance with its treatment.

“This decision is significant as it prompts us to think about the role of the Irish Privacy Authority, which plays a strategic role for American companies with offices registered in Ireland and the practices of Big Tech GDPR.” Formiche.net Francesca Bassa, Privacy Advocate and Partner of BD Legal in Milan.

This underscores a “fundamental aspect”: that the decision is based on a joint investigation by the Lead Supervisory Authority (Irish One) with other EU authorities in the EU. “The Authority interacted with other institutional representatives in the Member States”, highlighting the expert in technical law.

“From a procedural perspective,” Bassa continues, highlighting the co-operation mechanism under Article 60 of the GDPR, which allows for a uniform and unified application of privacy law in favor of European citizens.

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Thus, Advocate Bassa concludes, “On the one hand, the Irish Authority has been in the eye of the storm for some time, because it always seems to be strong and autonomous in carrying out its functions. Big Tech; On the other hand, the fundamental role of the European Data Protection Board as an organization for resolving disputes in the context of cross-border cases “.

As evidence of the first factor highlighted by the expert, the French president at the end of August Emmanuel Macron Was on a visit to Ireland. Seeing the Prime Minister Michael Martin Paris’ solidarity and support for Dublin in Dublin has been confirmed (with reference to Brexit) but it remains clear that an open tie remains: the technology giants are taxed in Ireland, as recommended by the Organization for Economic Co-operation and Development (OCD) by 15 per cent, as recommended by the World Congress Only 12.5% ​​when the contract was signed. “In terms of economic growth, Ireland has achieved extraordinary results in the last decade,” the French president said. But now things have clearly changed. The world after Kovid is a new world that will require a profound change in our traditional economic model. ”

It is a confirmation that Ireland continues to be the center of tech dossier. However, it remains to be seen how much Dublin is prepared to repel Big Tech under pressure from Paris and Brussels.

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