WhatsApp Faces New Regulations & Potential Fines

WhatsApp is facing increased regulatory scrutiny in the European Union, culminating in a recent designation as a “Very Large Online Platform” (VLOP) under the Digital Services Act (DSA) and a successful challenge to a €225 million privacy fine. These developments signal a significant shift in how the EU regulates major tech platforms and could reshape WhatsApp’s operations within the bloc.

New Obligations Under the Digital Services Act

As of January 26, 2026, WhatsApp officially joined the ranks of VLOPs, a category reserved for platforms with over 45 million monthly active users in the EU – roughly 10% of the bloc’s population. Currently, WhatsApp boasts an average of 51.7 million monthly users in the EU. This designation triggers a new level of regulatory oversight, compelling WhatsApp to proactively address the spread of disinformation and manipulation of public opinion, particularly concerning the well-being of younger users.

However, these new obligations are specifically focused on WhatsApp Channels, the platform’s broadcasting feature used by brands and organizations to reach wider audiences. Private messages are explicitly excluded from the scope of these regulations. WhatsApp has stated its commitment to evolving its safety and integrity measures to align with these regulatory expectations, according to a company spokesperson.

Challenging Privacy Fines: A Victory for Tech Companies

In a separate but related development, WhatsApp secured a significant legal victory on February 13, 2026, when the EU’s top court ruled that the company can pursue its challenge against a €225 million privacy fine issued by the Irish Data Protection Commission (DPC) in 2021. The ruling establishes a crucial precedent, allowing companies to challenge decisions made by the European Data Protection Board (EDPB), which coordinates data protection authorities across the EU.

The original fine stemmed from concerns that WhatsApp was not sufficiently transparent with users about how their data was being used. The Irish DPC initially proposed a fine in the range of €30 million to €50 million, but other European data protection authorities deemed this insufficient and mandated an increase to €225 million. WhatsApp appealed, arguing that the EDPB had overstepped its authority in raising the fine amount.

The Court of Justice of the EU (CJEU) determined that decisions made by the EDPB, while binding on national regulators, are subject to challenge by the affected companies. As a WhatsApp spokesperson stated, the ruling “upholds our argument that those businesses and people should be able to challenge decisions the EDPB makes against them, so that it can be held fully accountable by the EU courts.” This decision is expected to unlock a backlog of appeals where the EDPB has overruled national regulators and potentially pave the way for Meta, WhatsApp’s parent company, to challenge billions in other privacy fines.

Implications for Meta and the Tech Industry

These two developments – the VLOP designation and the successful challenge to the fine – represent a complex landscape for Meta and the broader tech industry. The DSA obligations require significant investment in content moderation and user protection measures, potentially impacting WhatsApp’s operational costs and feature development. The potential for fines of up to 6% of global annual turnover for non-compliance adds further financial risk.

However, the CJEU ruling provides a crucial avenue for companies to contest regulatory decisions, ensuring a degree of accountability for the EDPB. What we have is particularly relevant given the increasing number of large fines issued under the General Data Protection Regulation (GDPR) and other EU regulations. The ruling suggests that the EDPB’s authority is not absolute and that companies have a right to due process.

AI Access and Potential Competition Concerns

Adding to the regulatory pressure, Meta is also facing scrutiny over WhatsApp’s policies regarding access for rival AI assistants. The European Commission has issued a formal warning, stating that Meta’s policies risk blocking competitors and could lead to interim measures and potential fines of up to 10% of global annual revenue. The Commission argues that restricting access for AI assistants could limit competition in the rapidly growing AI market.

The case highlights the broader trend of increased regulatory pressure on US technology companies from Brussels. While US officials have expressed concerns that these regulations may be unfairly targeting American firms, EU competition chief Teresa Ribera has emphasized that the focus is on ensuring well-functioning markets and protecting consumers. Meta intends to defend itself against these claims, arguing that there is no justification for EU intervention in the WhatsApp Business API.

Looking Ahead

WhatsApp now has until mid-May to comply with the requirements of the DSA. The coming months will be critical as the company navigates these new regulations and potential legal challenges. The outcomes of these cases will likely set precedents for how other large online platforms are regulated in the EU, shaping the future of digital services within the bloc. The balance between protecting user rights, fostering innovation, and ensuring fair competition will be a key theme as the EU continues to refine its regulatory framework for the digital age.