EU court backs companies’ ability to challenge EDPB-driven decisions in WhatsApp case

Businesses worldwide have been following the WhatsApp Ireland v European Data Protection Board (EDPB) case closely, and for good reasons. A recent and significant EU court ruling can reshape how companies fight large privacy penalties and approach data privacy challenges. 

In the WhatsApp dispute, the Court of Justice of the European Union said WhatsApp should be allowed to challenge a decision by the EDPB that influenced Ireland’s Data Protection Commission’s decision to increase a fine imposed on the company to €225 million. The new decision essentially reaffirms the notion that when an EDPB position directly affects a company, the company may have standing in EU courts, rather than being limited to challenging only the final national regulator decision. 

The crucial case will now return to a lower EU court for further consideration. 

Learn more about the ruling here: https://curia.europa.eu/site/upload/docs/application/pdf/2026-02/cp260011en.pdf