The EDPB further decided that the IE DPA must carry out an investigation into WhatsApp IE’s processing operations in order to determine whether it processes special categories of personal data (Art. Additionally, the EDPB instructed the IE DPA to include an infringement of the principle of fairness under Art. As a consequence, the EDPB instructed the IE DPA to add an infringement of Art. Regarding the lawfulness of processing for Service improvement purposes, the EDPB decided that WhatsApp IE inappropriately relied on contract as a legal basis to process personal data. In its Binding Decision, the EDPB instructed the IE DPA to amend its draft decision with respect to the findings concerning lawfulness of the processing and the principle of fairness, and to the corrective measures envisaged. Following the EDPB’s binding dispute resolution decision of December 5 th, WhatsApp IE was issued a 5.5 million euro fine by the Irish Data Protection Authority (DPA).
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