The EU’s highest court has ruled that WhatsApp Ireland can directly challenge a binding decision issued by the European Data Protection Board (EDPB), setting aside a prior ruling that had dismissed the case as inadmissible .

In a judgment delivered on February 10, 2026, in Case C-97/23 P, the Court of Justice of the European Union found that the EDPB’s Binding Decision 1/2021 constitutes an act open to challenge before EU courts. The ruling overturns a December 2022 order by the General Court, which had previously held that the EDPB decision was merely an intermediate step and not directly challengeable.

The case stems from complaints received by Ireland’s Data Protection Commission (DPC) regarding WhatsApp’s compliance with transparency obligations under the General Data Protection Regulation (GDPR). After failing to reach consensus with other EU supervisory authorities on aspects of a draft decision, the Irish authority referred the matter to the EDPB under the GDPR’s dispute resolution mechanism.

In Decision 1/2021, the EDPB concluded that WhatsApp had infringed certain GDPR provisions and required the Irish authority to amend its proposed corrective measures, including increasing fines. The DPC subsequently imposed penalties totaling €225 million.

WhatsApp sought annulment of the EDPB’s decision before the General Court, but the action was dismissed as inadmissible. On appeal, the Court of Justice disagreed, holding that the EDPB’s decision produces binding legal effects and definitively determines the Board’s position on the dispute. The Court also found that the decision directly affected WhatsApp’s legal position because it left no discretion to national authorities regarding the findings of infringement and required corrective measures.

The case has now been referred back to the General Court, which will examine the substance of WhatsApp’s claims and assess whether the company breached GDPR transparency requirements.

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