Background information
Digital Markets Act (DMA): what actually is it?
by Florian Bodoky
WhatsApp: What's changing with the new terms and conditions
10.4.2024
Translation: machine translated
WhatsApp is changing its general terms and conditions. For better or worse, you will have to accept them if you want to continue using the app. There are four main changes - which also apply to Switzerland.
WhatsApp is changing its general terms and conditions on 11 April 2024. This primarily affects European users - including those in Switzerland. Unlike in other cases, no distinction is made here between EU and non-EU countries. This is because "WhatsApp Ireland Limited", the European subsidiary of the messenger, is responsible for the service in all European countries.
Interoperability - a paper tiger?
According to the European Digital Markets Act, WhatsApp is obliged to be interoperable. This means that you should be able to reach users with other messenger apps from WhatsApp - and vice versa. This is because WhatsApp is a core service of Meta. The EU wants to prevent excessive market power and possible abuse.
However, no company is yet interested in being interoperable with WhatsApp. Signal and Threema have already expressed data protection concerns. It is therefore still unclear if, when and how this function will be used.
Minimum age 13 - WhatsApp adapts to reality
Until now, WhatsApp could only be used from the age of 16. Anyone with teenage children or relatives will have to smile. WhatsApp has already found its way into the lives of much younger children - for example in class chats. After all, there are hardly any tools to monitor this more closely. WhatsApp has now decided that the app can be used from the age of 13. However, the company has stated that minors should talk to their parents about this beforehand. You can read here about when children should have a smartphone - here you can also find tips on what precautions can be taken.
Transparent guidelines: WhatsApp says clearly what you are allowed to post
WhatsApp is improving its guidelines on prohibited content. Spam, phishing attempts and illegal content of any kind are prohibited. The "Channels" function in particular, where users or companies can communicate unilaterally with followers, has previously been the source of a lot of dubious content. Unlike Telegram, for example, WhatsApp wants to take action against this with control algorithms and admin teams.
Data protection: Switzerland is (still) left out
The so-called Data Privacy Framework (DPF) has been in place between the European Union and the USA since July 2023. The data protection agreement obliges US companies that wish to be "DPF-approved" to comply with a number of provisions. For example, personal data may no longer be passed on to third parties without further ado - for advertising purposes, for example. Even disclosure to law enforcement agencies and the like is only permitted under certain conditions.
WhatsApp is already forging ahead with the new data protection provisions - to make them DPF-compliant. Unfortunately, the talks between Switzerland and the USA have not yet been finalised, meaning that these new, improved provisions do not yet apply to Swiss users.
In contrast to previous T&C updates, you do not have to explicitly agree anywhere. If you simply continue to use WhatsApp, this will be considered tacit consent.
Header image: Shutterstock
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.
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