WhatsApp Ireland Appeal on €225M GDPR Fine Sent Back to Lower Tribunal (C-97/23P)

The European Court of Justice has sent back to a lower tribunal the appeal by WhatsApp Ireland against a Binding Decision of the European Data Protection Board (EDPB) that ordered the Irish Data Protection Commission to increase its fine to €225 million ($268 million). The penalty stems from a 2020 GDPR investigation into WhatsApp’s data use in Ireland, with the EDPB intervening in 2021. The tribunal previously ruled WhatsApp Ireland lacked standing, but the ECJ said the case is admissible and will be heard on its merits. The DPC has levied over €4 billion in fines since 2020, but collections are limited due to protracted appeals. The case is C-97/23P WhatsApp Ireland v EDPB. (Feb 10, 2026)