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EU: EDPB adopts binding decisions regarding Facebook, Instagram, and Whatsapp

The European Data Protection Board ('EDPB') announced, on 6 December 2022, that it had adopted three dispute resolution decisions on the basis of Article 65 of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') concerning Meta Platforms Ireland Limited. In particular, the EDPB explained that the decisions address important legal issues arising from the draft decisions of the Data Protection Commission ('DPC') as lead supervisory authority regarding the Facebook, Instagram, and WhatsApp platforms.

Further to the above, the EDPB provided that, following several European data protection authorities' objections to the draft decisions of the DPC, and given the inability to reach consensus, the EDPB settled the disputes, resolving, among others, the question of whether or not the processing of personal data for the performance of a contract is a suitable legal basis for behavioural advertising, in the cases of Facebook and Instagram, and for service improvement, in the case of WhatsApp.

Lastly, the EDPB specified that the DPC shall adopt its three final decisions, addressed to the controller, on the basis of the EDPB binding decisions, which must be at the latest one month after the EDPB notified the decisions. 

You can read the press release here.