WhatsApp faces numerous obligations in the EU
WhatsApp reaches more than 45 million users across Europe. This theoretically qualifies the messenger service as a "VLOP". It would therefore have to enforce strict rules to protect its users, otherwise it could face fines.
WhatsApp now has over 45 million monthly active users in the EU. The messenger service could soon be categorised as a "Very Large Online Platform" (VLOP). This classification is part of the EU's Digital Services Act (DSA) and entails stricter rules for large online services. The decision as to whether WhatsApp will officially become a VLOP now lies with the European Commission.
Why only now?
In theory, WhatsApp has long since reached the "critical mass" of users. However, so far it has mainly been in private chats and chat groups. As these are end-to-end encrypted, WhatsApp cannot moderate the content here. Channels, on the other hand, are public. This is where companies or public figures can share content with followers. These have been available in the EU since September 2023, and chat with companies (e.g. support services) since May 2018, but only in specific cases and with explicit consent.
What does this mean for WhatsApp?
Once WhatsApp is considered a VLOP, the service must take more comprehensive measures to moderate content in channels. Users should be able to report illegal content, goods or services more easily. WhatsApp is also obliged to implement mechanisms to remove such content more quickly.
There will also be stricter rules for advertising on the platform - especially if it is aimed at children. European users will also be given more control over their data and be able to reject targeted recommendation systems and profiling. WhatsApp must explain to the European Commission how all of this is to happen in a risk assessment report and a strategy paper on the implementation of the requirements.
If WhatsApp does not comply with these requirements, it could face penalties of up to 6 per cent of Meta's annual global turnover. This amounted to 164.5 billion US dollars in 2024, so the maximum fine would be 9.87 billion, which corresponds to just under one sixth of net profit (62.4 billion).
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I've been tinkering with digital networks ever since I found out how to activate both telephone channels on the ISDN card for greater bandwidth. As for the analogue variety, I've been doing that since I learned to talk. Though Winterthur is my adoptive home city, my heart still bleeds red and blue.
