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Ebene Magazine – FAQ: what you need to know about WhatsApp and the new terms of use

So now the new WhatsApp Terms of Service are coming. What we know about what Facebook says and what privacy advocates are complaining about.

The new terms of use and therefore also a new data protection declaration of WhatsApp come into force on Saturday. They must be approved. And otherwise? Does the smartphone explode then? We have put together the most important information.

According to WhatsApp, these are changes in communication with businesses. Here, the data is shared with third parties. Facebook also writes that it is up to users to communicate with businesses through the messenger.

Apparently nothing has changed for private communication; according to WhatsApp, the data protection declaration and terms of use have only been reworded and made easier to understand. The messenger insists over and over again that messages remain end-to-end encrypted – but that was never really questioned. Also, you don’t share any data with Facebook, at least it’s written in a WhatsApp FAQ, you don’t keep logs of who is sending who messages or who is calling who. The location is not visible to WhatsApp or Facebook. “WhatsApp does not share your contacts with Facebook. “

The privacy policy and terms of service are not as clear as Facebook writes in the FAQ. Johannes Caspar, data protection officer in Hamburg, has taken legal action against Facebook to find out what data is being shared. However, as this process is still ongoing, there is now an order prohibiting WhatsApp from sharing data with Facebook. Caspar criticizes that the explanations are at least unclear, that different statements are made in different places, and that the boundary to international news is barely recognizable.

Yes, Facebook has its European headquarters in Ireland and the data protection authority would be responsible there accordingly. However, the GDPR also allows other cases. It’s about protecting the data of German citizens. However, the responsibilities have not yet been definitively clarified, the European Court of Justice (ECJ) must decide. A statement by the CJE’s Advocate General, Michal Bobek, seems relatively clear: national authorities are allowed to intervene in certain cases.

Facebook says Caspar’s assumption is wrong and therefore approval of the new terms of service is obtained as expected. According to WhatsApp, the practice is anyway different: no data transmission.

No. A message that disappears on the smartphone after seven days has nothing to do with data transfer or security. Why these are mentioned in responses to WhatsApp’s privacy policy, one may wonder – and think about it.

First of all, WhatsApp can still be used without consent. However, there is always a clue that you must agree to the terms of service. In “a few weeks,” that should show up permanently, WhatsApp writes in a specially created blog post on questions of what happens if not approved. If permanent memory is present, some functions can no longer be used. Initially, access to chats is denied, but voice and video calls can still be accepted. Messages can still be read through notifications. A few weeks later, WhatsApp is no longer working.

The “weeks”, that is, the duration, are different – it is still not clear which people can write messages for longer. It probably won’t make the cabbage fat.

Exactly. “Eat or die” is the colloquial term. Data protection advocates around the world also take offense at the practice.

According to. Here Sylvester Tremmel from the c’t explains why the cat sometimes bites its own tail.

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