Mervinskiy 437

Page 264

Appendix C – Terms of Order to bring processing operations into compliance, made pursuant to Article 58(2)(d) Action Required

Deadline for Compliance

1.

Take the action required such that the information prescribed by Article 14 is provided to those non-users whose personal data is being processed by WhatsApp. When doing so, WhatsApp must ensure that the information is provided in a manner that complies with the requirements of Article 12(1), noting the comprehensive assessment, guidance and commentary that has been provided by the Commission in Parts 2 and 3 of this Decision (and, in particular, paragraphs 163, 164, 166 and 167).

The period of 3 months, commencing on the day following the date of service of this order

2.

Take the action required to provide the information prescribed by Article 13(1)(c) to users, in a manner that complies with Article 12(1), noting the comprehensive assessment, guidance and commentary that has been provided by the Commission in Parts 2 and 3 of the Decision. The information to be provided, in this regard, and the manner in which it should be provided, is detailed in paragraphs 301 to 302 and 325 to 399 and 539 to 592 of this Decision.

The period of 3 months, commencing on the day following the date of service of this order

3.

Take the action required to provide the information prescribed by Article 13(1)(d) to users, in a manner that complies with Article 12(1), noting the comprehensive assessment, guidance and commentary that has been provided by the Commission in Parts 2 and 3 of the Decision, in particular paragraphs 411 to 416 and 539 to 592 of this Decision.

The period of 3 months, commencing on the day following the date of service of this order

4.

Take the action required to provide the information prescribed by Article 13(1)(e) to users, in a manner that complies with Article 12(1), noting the comprehensive assessment, guidance and commentary that has been provided by the Commission in Parts 2 and 3 of the Decision. The information to be provided, in this regard, and the manner in which it should be provided, is detailed in paragraphs 422 to 434 and 539 to 592 of this Decision.

The period of 3 months, commencing on the day following the date of service of this order

5.

Take the action required to provide the information prescribed by Article 13(1)(f) to users, in a manner that complies with Article 12(1), noting the comprehensive assessment, guidance and commentary that has been provided by the Commission in Part 2 of the Decision. The information to be provided, in this regard, and the manner in which it should be provided, is detailed in paragraphs 443 - 457 of this Decision.

The period of 3 months, commencing on the day following the date of service of this order

6.

Take the action required to provide the information prescribed by Article 13(2)(a) to users, in a manner that complies with Article 12(1), noting the comprehensive assessment, guidance and commentary that has been provided by the Commission in Part 2 of the Decision. The deficiencies to be remedied, in this regard, are detailed in paragraphs 464 – 476 of this Decision.

The period of 3 months, commencing on the day following the date of service of this order

264


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Articles inside

The Decision-Making Stage

2hr
pages 143-220

Article 83(5) and the applicable fining “cap”

14min
pages 248-256

Decision: Whether to impose an administrative fine and, if so, the amount of the fine

18min
pages 225-237

Appendix C – Terms of Order to bring processing operations into compliance, made pursuant to Article 58(2)(d

3min
pages 264-265

Summary of Corrective Powers to be Exercised

0
pages 257-258

Article 83(2)(k): any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement

10min
pages 221-224

Assessment: Article 13(2)(a) – Retention Criteria/Retention Periods

2min
page 128

Assessment: Article 13(2)(b) – the existence of the data subject rights

2min
page 132

Assessment of Decision-Maker: What information has been provided?

2min
page 129

Identified Legal Basis 5: The vital interests of the data subject or those of another person

2min
page 110

Assessment of Decision-Maker: What information has been provided?

2min
page 124

Assessment: Article 13(1)(f) – Transfers of personal data to a third country

2min
page 123

Assessment of Decision-Maker: What information has been provided?

1min
page 120

Identified Legal Basis 6: Tasks carried out in the public interest

8min
pages 111-113

Identified Legal Basis 1: Contractual Necessity

17min
pages 94-99

Identified Legal Basis 2: Consent

5min
pages 100-101

Identified Legal Basis 4: Compliance with a Legal Obligation

11min
pages 106-109

Identified Legal Basis 3: Legitimate Interests

10min
pages 102-105

Preliminary Issue: What information must be provided pursuant to Article 13(1)(c)?

26min
pages 82-92

Assessment: Application of the Proposed Approach to Article 13(1)(c

2min
page 93

Review of the Materials being relied upon by WhatsApp

10min
pages 64-67

Assessment: Article 13(1)(c) – the purposes of the processing for which the personal data are intended as well as the legal basis for the processing

7min
pages 79-81

Assessment of Decision-Maker: What information has been provided?

1min
page 76

Methodology for Part 2: Assessment and Questions for Determination

19min
pages 68-74

Relevant Provisions

4min
pages 62-63

Assessment: Article 13(1)(a) – the identity and contact details of the controller

2min
page 75
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