Big Tech e trattamento dei dati personali. Il caso WhatsApp e la sentenza Schrems II
DI ALESSANDRO MANFREDI
ABSTRACT – Taking a cue from the grievances expressed by the Italian Data Protection Authority towards the updating of the WhatsApp privacy policy, the work will analyse the effective application of the GDPR on a case of large-scale personal data processing. Through the analysis of the WhatsApp privacy policy the main institutes and principles of the Regulation applied to the specific case will be identified, deepening their underlying philosophy. The study of the consent institution will be enhanced, identifying its legal basis, the founding elements and the applicative characteristics in the contractual context. Finally, through a look at the Facebook group’s “global operations”, the impact of the Schrems II judgement and the effects of the abolition of the Privacy Shield on the transfer of data outside the EU will be highlighted.
KEYWORDS – GDPR – WhatsApp – Privacy policy – Schrems II – consent to the processing of personal data