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We are writing to you in relation to the updated Terms of Service and Privacy Policy made by your company in August 2016. According to the information which has been provided to users of the service, WhatsApp will share information within the “Facebook family of companies” for a range of purposes that include marketing and advertising. These are not purposes which were included within the Terms of Service and Privacy Policy when existing users signed-up to the service. These changes have been introduced in contradiction with previous public statements of the two companies ensuring that no sharing of data would ever take place. Given the popularity of the messaging service these changes may affect many citizens in all EU member states and have created great uncertainty among users and non-users of the service. The Article 29 Working Party (WP29) has serious concerns regarding the manner in which the information relating to the updated Terms of Service and Privacy Policy was provided tousers and consequently about the validity of the users’ consent. WP29 also questions the effectiveness of control mechanisms offered to users to exercise their rights and the effects that the data sharing will have on people that are not a user of any other service within the Facebook family of companies.

Open Letter onto the WhatsApp Chief Executive Officer Jan Koum