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A long-running investigation in the European Union focused on the transparency of data-sharing between Facebook and WhatsApp has taken the first major step towards a resolution. Ireland’s Data Protection Commission (DPC) confirmed Saturday it sent a draft decision to fellow EU DPAs towards the back end of last year.
This will trigger a review process of the draft by other DPAs. Majority backing for Facebook’s lead EU data supervisor’s proposed settlement is required under the bloc’s General Data Protection Regulation (GDPR) before a decision can be finalized.
The DPC’s draft WhatsApp decision, which it told us was sent to the other supervisors for review on December 24, is only the second such draft the Irish watchdog has issued to-date in cross-border GDPR cases.
The first case to go through the process was an investigation into a Twitter security breach — which led to the company being issued with a $550,000 fine last month.
The WhatsApp case may look very timely, given the recent backlash over an update to its T&Cs, but it actually dates back to 2018, the year GDPR begun being applied — and relates to WhatsApp Ireland’s compliance with Articles 12-14 of the GDPR (which set out how information must be provided to data subjects whose information is being processed in order that they are able to exercise their rights).
In a statement, the DPC said:
“As you are aware, the DPC has been conducting an investigation into WhatsApp Ireland’s compliance with Articles 12-14 of the GDPR in terms of transparency, including in relation to transparency around what information is shared with Facebook, since 2018. The DPC has provisionally concluded this investigation and we sent a draft decision to our fellow EU Data Protection Authorities on December 24, 2020 (in accordance with Article 60 of the GDPR in order to commence the co-decision-making process) and we are waiting to receive their comments on this draft decision.
“When the process is completed and a final decision issues, it will make clear the standard of transparency to which WhatsApp is expected to adhere as articulated by EU Data Protection Authorities,” it added.
Ireland has additional ongoing GDPR investigations into other aspects of the tech giant’s business, including related to complaints filed back in May 2018 by the EU privacy rights not-for-profit, noyb (over so called ‘forced consent’). In May 2020 the DPC said that separate investigation was at the decision-making phase — but so far it has not confirmed sending a draft decision for review.
It’s also notably that the time between the DPC’s Twitter draft and the final decision being issued — after gaining majority backing from other EU DPAs — was almost seven months.
The Twitter case was relatively straightforward (a data breach) vs the more complex business of assessing ‘transparency’. So a final decision on WhatsApp seems unlikely to come to a swifter resolution. There are clearly substantial differences of opinion between DPAs on how the GDPR should be enforced across the bloc. (In the Twitter case, for example, German DPAs suggested a fine of up to $22M vs Ireland’s initial proposal of a maximum of $300k). Although there is some hope that GDPR enforcement of cross border cases will speed up as DPAs gain experience of the various mechanisms and processes involved in making these co-decisions (even if major ideological gaps remain).
Returning to WhatsApp, the messaging platform has had plenty of problems with transparency in recent weeks — garnering lots of unwelcome attention and concern over the privacy implications of a confusing mandatory update to its T&Cs which has contributed to a major migration of users to alternative chat platforms, such as Signal and Telegram.
The backlash led WhatsApp to announced last week that it was delaying enforcement of the new terms by three months. Last week Italy’s data protection agency also issued a warning over a lack of clarity in the T&Cs — saying it could intervene using an emergency process allowed for by EU law (which would be in addition to the ongoing DPC procedure).
On the WhatsApp T&Cs controversy, the DPC’s deputy commissioner Graham Doyle told us the regulator had received “numerous queries” from confused and concerned stakeholders which he said led it to re-engage with the company. The regulator previously obtained a commitment from WhatsApp that there is “no change to data-sharing practices either in the European Region or the rest of the world”. But it subsequently confirmed it would delay enforcement of the new terms.
“The updates made by WhatsApp last week are about providing clearer, more detailed information to users on how and why they use data. WhatsApp have confirmed to us that there is no change to data-sharing practices either in the European Region or the rest of the world arising from these updates. However, the DPC has received numerous queries from stakeholders who are confused and concerned about these updates,” Doyle said.
“We engaged with WhatsApp on the matter and they confirmed to us that they will delay the date by which people will be asked to review and accept the terms from February 8th to May 15th. In the meantime, WhatsApp will launch information campaigns to provide further clarity about how privacy and security works on the platform. We will continue to engage with WhatsApp on these updates.”
While there’s no doubt Europe’s record of enforcement of its much vaunted data protection laws against tech giants remains a major weak point of the regulation, there are signs that increased user awareness of rights and, more broadly, concern for privacy, is causing a shift in the balance of power in favor of users.
Proper privacy enforcement is still sorely lacking but Facebook being forced to put a T&Cs update on ice for three months — as its business is subject to ongoing regulatory scrutiny — suggests the days of platform giants being able to move fast and break things are firmly on the wain.
Similarly, for example, Facebook recently had to delay the launch of a dating feature in Europe while it consulted with the DPC. It also remains limited in the data it can share between WhatsApp and Facebook because of the existence of the GDPR — so still can’t share data for ad targeting and product enhancement purposes, even under the new terms.
Europe, meanwhile, is coming with ex ante rules for platform giants that will place further obligations on how they can operate — with the aim of counteracting abusive/unfair business behaviors and bolstering competition in digital markets.
India’s answer to WhatsApp has completely moved on from messaging.
Hike Messenger, backed by Tencent, Tiger Global and SoftBank and valued at $1.4 billion in 2016, earlier this month announced that it was shutting down Sticker Chat, its messaging app.
The startup, founded by Kavin Bharti Mittal, this month pivoted to two virtual social apps called Vibe and Rush, said Mittal, who is the son of telecom giant Airtel’s chairman Sunil Bharti Mittal.
In a series of tweets earlier this month, Kavin said that India will never have a homegrown messenger that makes inroads in the world’s second largest market unless it chooses to ban Western companies from operating in the nation. “Global network effects are too strong,” he said. WhatsApp has amassed over 450 million users in India, its biggest market by users.
Mittal described opportunities in building virtual worlds as a “much better approach for today’s world that is unconstrained by cheap, fast data and powerful smartphones.”
The end of Hike’s messenger service comes at a time when Signal and Telegram have added tens of millions of users in recent weeks. A planned update to WhatsApp’s data-sharing policy has prompted many of its loyal fans to explore alternatives this month. “Both [Telegram and Signal] are very good. As entities they have the right incentives (more aligned with consumers) unlike Facebook products, tweeted Mittal earlier this month.
In recent years, Hike made bets on stickers and emojis to cater to the younger population in India. In a meeting with TechCrunch in late 2019, Mittal said that the startup was overwhelmed with the engagement stickers on its platform and was working to automate development of personalized stickers.
In a different meeting last year, Mittal showcased emojis that replicated human expressions and a virtual hangout place called HikeLand. Vibe is the rebranded version of HikeLand and the emojis Hike developed will continue to be available to users on both the newer apps, Mittal said earlier this month.
Hike, which has raised more than $260 million to date, had enough runway last year, Mittal said, who hinted that the startup may raise more capital a year later.
Hike also attempted to build its own operating system through acquisition of a startup called Creo. In 2018, Hike launched Total OS that aimed to cater to users with low-cost Android smartphones and slow internet data.
The startup later shut down the project. Mittal told TechCrunch that the arrival of Reliance Jio, which prompted Airtel and Vodafone to lower mobile data tariff on their networks, solved the data issues in the country and Total OS was no longer needed in the market.
For several years there has been talk about how to leverage ‘experts’ online. How do you ‘suck their brains’ for information in an efficient manner, whether it be for research into companies or sectors, often for investment purposes. Major players in this arena include GLG, Third Bridge, Guidepoint and Alphasights. With the pandemic destroying many means of hearing experts – conferences and events for instance – and turning the entire world into a remote working experiment, platforms like these are now far more relevant than they ever were before.
So it’s perhaps unsurprising that the expert network and primary research platform, proSapient, has now closed a $10m Series A investment led by Smedvig Capital. Noted high-profile investor Guy Hands and existing investors 24 Haymarket also participated in the round. This brings the total raised by proSapient to date to $18m. The company will use the cash to expand internationally.
proSapient is essentially a SaaS platform for interrogating expert networks. It’s aimed mainly at investors and consultants to gather data. The platform matches experts to projects and provides transcripts. You can gather insight over the phone or in-person; launch bespoke surveys; conduct small strategy projects with a small group of experts. You can search, filter messaging, and also collaborate internally on the platform. It now claims to be servicing over 100 clients across Europe and the USA, with revenue up over 100% year on year.
Margo Polishchuk, Co-Founder of proSapient, said in a statement: “This funding round will facilitate our strategic objective of being a leading primary research platform for the private equity and consulting sectors.”
Rob Toms, managing director at Smedvig Capital, commented: “We’re excited to be working with Margo and Jordan to continue their impressive growth and international expansion. They have a great team, strong market position and a clear vision of where the business is going.”
Additionally, proSapient recently appointed Mike Wroe, former group CFO of Just Eat plc, as Chairman.
Samsung Electronics vice chairman Jay Y. Lee is back in prison following a retrial of his 2017 conviction in a bribery case that helped lead to the downfall of former South Korean president Park Guen-hye. The Seoul High Court sentenced Lee to 30 months on Monday.
Lee was originally convicted of bribery in 2017 and sentenced to five years, but was released in 2018 after the sentence was reduced and suspended on appeal. In August 2019, however, South Korea’s Supreme Court overturned the appeals court, ruling that it was too lenient, and ordered the case to be retried.
Lee was expected to become chairman of Samsung after the death of his father, Lee Kun-hee, in October 2020. He has served as the chaebol’s de facto leader since his father suffered a stroke in 2014. With Lee’s sentencing today, it is unclear who will take over his responsibilities at Samsung.
Charges against Lee included bribing Park to gain support for deals that would have helped Lee inherit control of Samsung from his father. The illegal payments played a major role in the corruption scandal that led to Park’s impeachment, arrest and 25-year prison sentence.
The bribery case is separate from another one Lee is involved in, over alleged accounting fraud and stock manipulation. Hearings in that case begun in October.
TechCrunch has contacted Samsung for comment.
Goama (also known as Go Games) lets developers quickly integrate social games into their apps. Some of Goama’s clients have used it for promotional campaigns, while others rely on the platform, which introduces new games every week, to add a full-fledged gaming function to their app.
The startup, which recently took part in SOSV’s accelerator program, presented last week during CES at the Taiwan Tech Arena pavilion. The event is over, but Goama’s virtual booth is still up.
Some of Goama’s clients are “super apps,” or apps that offer several services and want to include games, too. To better serve super apps, Goama recently introduced a tournament model in addition to its subscription model for users.
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The startup says that integrating Goama’s platform can help apps grow brand awareness when people share their results or invite other players tournaments. It also increases user engagement, with players typically spending more than 16 minutes per session playing games. So far, the platform has a combined total of 2.5 million unique users.
The company currently focuses on Asia and Latin America, where mobile penetration is growing quickly, and works with more than 15 partners, including GCash and Rappi, to enable digital payments and communications. Its gaming platform’s user interface can be customized to match host apps and rewards can include points and other prizes that can be spent inside the app. Some companies that have used Goama include food delivery app FoodPanda, Snickers and money transfer app WavePay.
