Germany: Berlin II Regional Court ordered WhatsApp to refrain from data disclosures and rejected deletion request in Federation of German Consumer Organisations v WhatsApp Inc. (52 O 22/17)

On 23 February 2026, the 52nd Civil Chamber of the Berlin II Regional Court issued a judgment in Federation of German Consumer Organisations (vzbv) v WhatsApp Inc. (52 O 22/17) regarding claims for injunctive relief related to the 2016 update of the WhatsApp terms of service and privacy policy. The court ordered WhatsApp to refrain, in business transactions with consumers habitually resident in Germany, from disclosing personal data of WhatsApp users and data of third parties who do not use WhatsApp to third parties, specifically Facebook, where consent was obtained in the form challenged in the proceedings. The court further ordered WhatsApp to refrain from including specific provisions of the then-applicable WhatsApp privacy policy in contracts for use of the service with consumers habitually resident in Germany and from invoking those provisions in contract performance. The court rejected the request to require WhatsApp to induce Facebook to delete previously transmitted data and to provide proof of deletion. The amended terms of use were removed from the proceedings following cease-and-desist declarations by WhatsApp. The judgment is not yet final and may be appealed.