WhatsApp, analyzed by the EU for designation as a very large online platform

The European Commission is evaluating whether the public functions of WhatsApp can be classified as a very large online platform under the Digital Services Act, a decision that would extend the EU's obligations over the application's public channels, without affecting private messages.

WhatsApp, under review by the EU for designation as a very large online platformDisplays image information

Such a designation would require WhatsApp to conduct periodic risk assessments, implement mitigation measures tailored to its public functions, and comply with increased transparency and independent audit requirements. The European Commission is considering the possibility of designating WhatsApp as a very large online platform in the sense of the Digital Services Act, but exclusively regarding the public channels of the application, not the private messages between users, according to explanations provided in the daily briefing in Brussels.

In short The analysis targets WhatsApp's public channels, not private communications. The DSA applies to functions that operate similarly to social networks. The case follows the logic previously used in the assessment of Telegram.

Representatives of the European Commission have confirmed that they are examining the data published by WhatsApp regarding the number of active users, which exceeds the threshold set by the Digital Services Act for the designation of very large online platforms. However, the analysis focuses on the distinction between private messaging, which does not fall under the scope of the DSA, and public channels, which operate more like a content distribution service.

According to the Commission, the goal is to determine whether these public channels create risks similar to those encountered on social media platforms, such as the spread of illegal content or misinformation. If this is confirmed, the DSA obligations would apply only to this component of the application, without affecting the confidentiality of private messages.

The approach reflects the precedent set in the case of Telegram, where the Commission's assessment sought the same distinction between private communication and public functions open to a large number of users. In both situations, the emphasis is on functionality and impact, not on the declared nature of the application.

The Digital Services Act, once fully in force, introduced a user threshold for identifying platforms with systemic impact on the European digital space. The extension of the analysis to messaging applications with public functions marks an important step in adapting legislation to hybrid services, with potential effects on users, content creators, and media organizations that use these channels for information distribution.

In the event that WhatsApp is designated as a very large online platform (VLOP) under the Digital Services Act, additional obligations would apply exclusively to the public components of the service, such as channels open to a wide audience, and not to private messages or their encryption. The VLOP status entails increased requirements for assessment and reduction of systemic risks, including risks related to the spread of illegal content, misinformation, or impact on fundamental rights.

Such a designation would require WhatsApp to conduct periodic risk assessments, implement mitigation measures tailored to its public functions, and comply with increased transparency and independent audit requirements. Additionally, the European Commission would have direct oversight and enforcement powers over these functions, including the ability to impose sanctions in case of non-compliance.

For users, content creators, and media organizations, the VLOP status could mean clearer rules regarding content moderation in public channels and greater responsibility for the platform in preventing abuse, without altering the private nature of interpersonal communications. The WhatsApp case is being closely monitored as it could become a benchmark for other messaging applications that combine private conversations with public broadcasting functions.

https://2eu.brussels/en/news/whatsapp-under-review-by-the-eu-for-designation-as-a-very-large-online-platform