The Berlin Regional Court ruled on February 23, 2026, prohibiting WhatsApp from transferring user data to Facebook. The decision, while not yet legally binding, stems from a dispute between the Federation of German Consumer Organisations (vzbv) and WhatsApp Inc., and challenges the validity of WhatsApp’s 2016 terms of service update.
The court determined that the manner in which WhatsApp obtained user consent for the data transfer was flawed and must cease. This applies not only to WhatsApp users’ data but also to the data of individuals who are not direct users of the platform. Specifically, the ruling prevents the incorporation of certain provisions from WhatsApp’s 2016 data privacy policy into contracts for service apply by German consumers.
The vzbv had sought a court order compelling Facebook to delete data already transferred, and to have WhatsApp demonstrate compliance. However, this aspect of the consumer group’s request was denied, with the court stating that the reasoning behind the decision is still pending release. Both WhatsApp and the vzbv have the right to appeal the ruling, according to the court’s statement.
The legal battle centers on the transparency and voluntariness of the 2016 terms of service update. The court’s decision casts doubt on how WhatsApp communicated changes to its data handling practices to its users, and whether sufficient consent was obtained for the subsequent sharing of user information with its parent company, Facebook.
The ruling arrives as concerns regarding data privacy and the practices of large technology companies continue to grow. A separate report from July 4, 2025, highlights the legal risks associated with businesses using WhatsApp for communication, particularly regarding compliance with the General Data Protection Regulation (GDPR). The report, by Rechtsanwalt Frank Weiß, notes that many companies are unaware of the legal implications of using WhatsApp, even the WhatsApp Business app, for customer communication and data processing.
The Chatkontrolle 2026 report indicates a growing awareness of the need for stronger protections for messaging apps like WhatsApp, Signal, and Telegram, but does not directly address the Berlin court’s ruling. The court’s decision does not currently address the legality of WhatsApp’s use for business communications, but it does raise questions about the broader implications for data privacy within the platform.
