The Ministry of Productive Development applied a fine of $ 5 million, the maximum value determined by the Consumer Protection Law, to the company Facebook Argentina SRL for the inclusion of abusive clauses in its Terms and Conditions of the Privacy Policy and Conditions of the WhatsApp service of instant messaging.
The lawyer Johanna C. Faliero celebrated the resolution of the Directorate for Consumer Defense and Consumer Arbitration, which sanctioned Facebook, owner of the instant messaging application, for the terms and conditions of WhatsApp and determined that it pay a millionaire fine after the complaint presented by the lawyer on January 25.
“A victory for data privacy,” said the lawyer on Twitter after the ruling against WhatsApp. The measure considered as “abusive” the modification of the terms and conditions of the service since “they restrict the rights of the consumer and give the company the exclusive interpretation of the contract.”
???????? News @production_arg @DNDConsumidor of the sanction for my complaint of 01/25/2021:
Sanction of $ 5 million to Facebook Argentina for abusive clauses https://t.co/prLWaaPT6K– Dra.Johanna C.FALIERO (PhD) ???????????????? (@JoyCfTw) January 7, 2022
The national director of Consumer Defense and Consumer Arbitration, Sergio Sebastián Baronelli, declared the identified clauses “abusive” and charged the company with the violation of Article 37 of Law No. 24,240. In addition, it gave Facebook a period of five business days to prove the removal of the stipulations declared as abusive.
It also inserted clauses in its instruments “Terms of use” and “Privacy Policy” that, on the one hand, do not comply with the duty to provide certain, clear and detailed information. He assured that they are abusive because they distort the firm’s obligations by limiting its liability for damages.
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