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An unclear or incomplete privacy statement can result in a massive fine: WhatsApp (Meta) received one of approximately 225 million euros for this, purely because it failed to properly comply with the duty to provide information. You must clearly and comprehensibly explain which personal data you process, why, with whom you share it, and on what legal basis. Therefore, have your privacy statement reviewed.
The Irish Data Protection Commission (DPC) fined WhatsApp, part of Meta, approximately 225 million euros — imposed by the Irish authority, because Meta is based there, and not only for Irish but for all European users. You can avoid such fines by having your privacy statement reviewed.
Second-highest privacy fine
At the time, it was the second-highest privacy fine ever; the record was held by Amazon, which received a fine of 746 million euros in July 2021. The fact that these fines run into the hundreds of millions is due to the calculation: a percentage of revenue. As a result, they remain an effective deterrent even for large tech companies, and European privacy legislation is more enforceable.
Meta was not fined for the *method* of processing, but for inadequate communication regarding it: it violated the duty to inform. It must explain in more detail why data is stored or deleted, how it is transferred abroad, and on what legal basis it processes it.
Clearly inform about the processing
The duty to inform also carries significant weight in the Netherlands. People must know which personal data you process, why, and with whom you share it. You record this in a privacy statement, which must not be unnecessarily long or complicated: clear, simple language ensures everyone understands what happens to their data and can freely decide whether to share it.
There are few exceptions to the obligation to inform: if someone is already aware, if it requires disproportionate effort to reach the person concerned, or if a compelling interest (such as the investigation of criminal offenses) justifies it. In virtually all cases, therefore, providing proper information is mandatory.
Frequently Asked Questions
What did WhatsApp get that fine for?
Not for the method of processing, but for violating the duty to inform: the communication regarding why and how data is processed and transmitted was insufficient.
What must be included in a privacy statement?
Which personal data you process, why, with whom you share it, and on what legal basis — in clear, understandable language, not unnecessarily long or complicated.
Do I always have to inquire?
Almost always. It is not required only in limited exceptions (the person concerned is already aware, disproportionate effort, or a compelling interest).
Have your privacy statement reviewed
Many entrepreneurs draft their own privacy statements, which are not always clear or complete — posing significant risks. The privacy experts at MKB Juristen draft one for you or check yours via ContractCheck. View our expertise in privacy and data protection or schedule an intake meeting .
