WhatsApp has settled its ongoing dispute with South Africa’s Information Regulator regarding its privacy policy. The social messaging platform, owned by Meta, had faced criticism for mandating that users accept new terms of service or potentially lose access to their accounts.
The settlement, announced by Information Regulator chairperson Pansy Tlakula, concludes a legal battle that started in January 2021 when WhatsApp notified users that they needed to accept updated privacy policies by February 2021. If they failed to do so, they would lose access to the app.
The new policy permitted the sharing of data from WhatsApp across Meta’s products, which raised privacy concerns among users. Despite reassurances that personal messages would remain end-to-end encrypted, many South Africans felt uneasy about the changes.
The settlement requires WhatsApp to make its privacy policy clearer and in line with South African data protection law, specifically the Protection of Personal Information Act. The company has agreed to provide evidence of compliance to the regulator, ensuring that user consent is legally valid and well-documented.
What WhatsApp users need to know and why this is important
For South African users, this settlement represents a significant victory for digital privacy. It establishes that platforms like WhatsApp cannot compel users to accept overly broad terms without obtaining proper legal consent. Additionally, it reinforces the enforcement of the Protection of Personal Information Act, sending a clear message to other tech companies operating in the country.
Experts believe this could reshape how tech firms handle privacy globally, particularly in regions with stringent data protection laws. Users gain clearer insight into data sharing practices, usage, and control rights.
The agreement allows WhatsApp to avoid significant fines and potential imprisonment under South African law, while also safeguarding user trust, essential for retaining its large user base in the country.
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As part of the settlement, WhatsApp users who don’t accept the new terms will still have account access, though some features may be limited:
- Messaging certain business accounts
- Using new features, like the Meta AI assistant
Despite these limitations, everyday chats remain private and end-to-end encrypted.
This settlement marks a turning point for digital platform regulation in South Africa, reinforcing the need for companies to respect local privacy laws when implementing new features. Users can now communicate with greater confidence, knowing their rights are protected.
