WhatsApp Included in EU's Digital Services Regulation

Brussels has officially classified WhatsApp, the instant messaging service owned by Meta, as a large platform subject to the Digital Services Regulation (DSA). This regulation is specifically designed to regulate major technology companies, demanding swift removal of illegal content and action against disinformation, accompanied by strict penalties for non-compliance.

WhatsApp's New Classification

Prior to this designation, WhatsApp was not recognized as a significant player in the digital landscape, exempting it from the DSA's additional requirements. However, the platform is now classified as “a hybrid service that combines private messaging and digital platform functions.” This classification is largely due to the introduction of “WhatsApp Channels,” a feature that has gained substantial traction, exceeding the threshold of at least 45 million users, or 10% of the EU population, necessary to be governed by DSA regulations.

It's important to note that while WhatsApp Channels fall under this regulation, the private messaging aspect of WhatsApp remains unaffected. The European Commission has specified that “the WhatsApp private messaging service, which allows users to send text messages, voice notes, photos, videos and documents, as well as make voice and video calls, remains explicitly excluded from the application of the DSA.” This distinction clarifies why similar services like Telegram and Signal do not face the same obligations.

Compliance Timeline and Expectations

Meta has four months, until mid-May, to satisfy the DSA's requirements, which include assessing and mitigating systemic risks associated with fundamental human rights violations, electoral manipulation, illegal content dissemination, and privacy concerns stemming from its services.

Transatlantic Regulatory Tensions

This inclusion of WhatsApp comes during heightened tensions between the EU and the United States regarding the enforcement of regulations on major American technology firms. Notably, former U.S. President Donald Trump criticized the European Commission's decision to fine a company 120 million euros for DSA violations, marking the first penalty under this legislation.

Broader Investigations and Enforcement Actions

Additionally, the European Commission has initiated an investigation into Grok, a generative artificial intelligence tool by X, focusing on its capability to create sexualized images of minors and other illegal content. Over recent months, Brussels has sought information from major tech companies, including Apple, YouTube, Google, and Microsoft, regarding their compliance efforts.

Meta has faced preliminary accusations of failing to meet transparency obligations, while TikTok has reached commitments with the EU in its compliance journey.

Implementation of the DSA

The DSA officially took effect in 2023, with initial designations of large internet platforms starting in April. WhatsApp's recent classification contributes to the list of 19 companies recognized under this framework, of which 15 are based in the U.S. These include platforms such as Amazon, Facebook, Google, and YouTube. The initial list also included Chinese applications like TikTok and AliExpress, along with European companies such as Booking and Zalando.

Moreover, several adult content websites have lodged appeals against their classification under the DSA. The European courts have yet to issue a ruling in these cases, although preliminary decisions on appeals from Zalando and Amazon have confirmed their status as large platforms subject to heightened regulatory obligations.