Presidencia de la Nación

Interim Measure to “WhatsApp” confirmed by the Appeals Chamber.

The Civil and Commercial chamber confirmed the interim measure recommended by the National Commission for the Defence of Competition in the case “WhatsApp”.

The interim measure makes WhatsApp in Argentina to refrain from implementing and/or to cease the updating of the application terms of service and privacy policy that were supposed to enter in force May 15th, 2021; to refrain from exchanging user’s data with other companies of Facebook group (nowadays, Meta Platforms) and/or with third parties; and to communicate its users, through WhatsApp application or through the official web-site, the complete text of the taken decision.

The aim of the imposed measure, and in compliance with session 42 of the National Constitution, is to deter the on-going alleged abuse of WhatsApp's dominant position in the market in which it takes part, with potential prejudice of the competition conditions. In addition, the measure protects the principle of informative self-determination of millions of people who are using the instant messaging system in Argentina.

The decisions are based on the recognition of the enforcement authority's power to issue measures established in session 44 of Act 27.442, considering that market competition is a collective good with constitutional hierarchy of necessary superlative protection when facing a threat to the market competition. In addition, the appeals chamber states, based on WhatsApp Terms of Service and Privacy Policy and other additional issues, that the circumstances “prevent from disqualifying the precautionary measure issued by the administrative authority.” Thus, it dismissed both legal challenges and confirmed the interim measure issued by the Argentine Authority of Defence of Competition.

To conclude, it is important to highlight that the CNDC is still working on the case, and it has just been decided that the measures confirmed by the Secretary will be temporarily kept.

Case 5.582/2021

Case 10.026/2021

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