Facebook has told Ireland’s High Court it cannot see how its services could operate in the European Union if regulators freeze its data transfer mechanism.

According to the Sunday Business Post, the US social media giant last week said that the Irish Data Protection Commission, its lead EU regulator, had made a preliminary decision that the mechanism it uses to transfer data from the EU to the United States “cannot in practice be used”.

Facebook requested and secured a temporary freeze on the order and a court review in the Irish High Court, which is due to consider the issue in November.

In an affidavit submitted to the court to request that the order be frozen, Yvonne Cunnane, Facebook Ireland’s head of data protection and associate general counsel, said it was not clear how the company could continue providing services in the EU if the Irish order is enforced, the Sunday Business Post reported.

“It is not clear to (Facebook) how, in those circumstances, it could continue to provide the Facebook and Instagram services in the EU,” the newspaper quoted the affidavit as saying.

In a September 9 blog post that first confirmed the investigation by the Irish regulator, Facebook said it “relied on the mechanism in question - under what are known as standard contractual clauses (SCCs) - to transfer data to countries outside the EU and that a ban would have “a far reaching effect on businesses that rely on SCCs”.

The Irish investigation follows a ruling by the Court of Justice of the European Union in July on when SCCs can be used legally.

The ruling was in response to EU concerns that the surveillance regime in the United States might not respect the privacy rights of EU citizens when their personal data is sent to the United States for commercial use.

Facebook has told Ireland’s High Court it cannot see how its services could operate in the European Union if regulators freeze its data transfer mechanism. According to the Sunday Business Post, the US social media giant last week said that the Irish Data Protection Commission, its lead EU regulator, had made a preliminary decision that the mechanism it uses to transfer data from the EU to the United States “cannot in practice be used”.

Facebook has told Ireland’s High Court it cannot see how its services could operate in the European Union if regulators freeze its data transfer mechanism. According to the Sunday Business Post, the US social media giant last week said that the Irish Data Protection Commission, its lead EU regulator, had made a preliminary decision that the mechanism it uses to transfer data from the EU to the United States “cannot in practice be used”. Facebook requested and secured a temporary freeze on the order and a court review in the Irish High Court, which is due to consider the issue in November. In an affidavit submitted to the court to request that the order be frozen, Yvonne Cunnane, Facebook Ireland’s head of data protection and associate general counsel, said it was not clear how the company could continue providing services in the EU if the Irish order is enforced, the Sunday Business Post reported. “It is not clear to (Facebook) how, in those circumstances, it could continue to provide the Facebook and Instagram services in the EU,” the newspaper quoted the affidavit as saying. In a September 9 blog post that first confirmed the investigation by the Irish regulator, Facebook said it “relied on the mechanism in question - under what are known as standard contractual clauses (SCCs) - to transfer data to countries outside the EU and that a ban would have “a far reaching effect on businesses that rely on SCCs”. The Irish investigation follows a ruling by the Court of Justice of the European Union in July on when SCCs can be used legally. The ruling was in response to EU concerns that the surveillance regime in the United States might not respect the privacy rights of EU citizens when their personal data is sent to the United States for commercial use.

Facebook tells Irish court that probe threatens its EU operations

The European Commission on Thursday fined US social media giant Facebook 110 million euros ($120 million) for providing incorrect and misleading information on its takeover of WhatsApp, imposing its biggest penalty linked to a merger.

&quot;Today&#39;s decision sends a clear signal to companies that they must comply with all aspects of EU merger rules, including the obligation to provide correct information,&quot; EU Competition Commissioner Margrethe Vestager said in a statement.

&quot;The Commission must be able to take decisions about mergers&#39; effects on competition in full knowledge of accurate facts,&quot; Vestager said.

Facebook said in response that it cooperated with the Commission.

&quot;We&#39;ve acted in good faith since our very first interactions with the Commission and we&#39;ve sought to provide accurate information at every turn,&quot; a Facebook spokesperson said.

&quot;The errors we made in our 2014 filings were not intentional and the Commission has confirmed that they did not impact the outcome of the merger review. Today&#39;s announcement brings this matter to a close.&quot;

EU regulators cleared the then $19 billion Facebook acquisition of WhatsApp in late 2014, finding no reason to believe it would dampen competition in the burgeoning social media sector.

In its statement Thursday, the Commission recalled that the merger rules require companies to provide regulators with the accurate information essential to any review.

It noted that when Facebook notified the Commission of the acquisition in 2014, the company had said it would &quot;be unable to establish reliable automated matching between Facebook users&#39; accounts and WhatsApp users&#39; accounts&quot;.

&quot;However, in August 2016, WhatsApp announced updates to its terms of service and privacy policy, including the possibility of linking WhatsApp users&#39; phone numbers with Facebook users&#39; identities,&quot; it said.&nbsp;

After launching a probe last year, the&nbsp;Commission &quot;found that, contrary to Facebook&#39;s statements in the 2014 merger review process, the technical possibility of automatically matching Facebook and WhatsApp users&#39; identities already existed in 2014, and that Facebook staff were aware of such a possibility.&quot;

The Commission said Thursday&#39;s decision and the fine would have no impact on its October 2014 clearance of the deal.

Commission spokesman Ricardo Cardoso said the fine was less than it would have been because Facebook cooperated.

Cardoso added it was nonetheless the &quot;highest fine ever&quot; imposed by the commission for breaches linked to a merger and would serve as a deterrent to others.

(AFP)

Facebook accepted the verdict, saying it made the errors unknowingly

The European Commission on Thursday fined US social media giant Facebook 110 million euros ($120 million) for providing incorrect and misleading information on its takeover of WhatsApp, imposing its biggest penalty linked to a merger. "Today's decision sends a clear signal to companies that they must comply with all aspects of EU merger rules, including the obligation to provide correct information," EU Competition Commissioner Margrethe Vestager said in a statement. "The Commission must be able to take decisions about mergers' effects on competition in full knowledge of accurate facts," Vestager said. Facebook said in response that it cooperated with the Commission. "We've acted in good faith since our very first interactions with the Commission and we've sought to provide accurate information at every turn," a Facebook spokesperson said. "The errors we made in our 2014 filings were not intentional and the Commission has confirmed that they did not impact the outcome of the merger review. Today's announcement brings this matter to a close." EU regulators cleared the then $19 billion Facebook acquisition of WhatsApp in late 2014, finding no reason to believe it would dampen competition in the burgeoning social media sector. In its statement Thursday, the Commission recalled that the merger rules require companies to provide regulators with the accurate information essential to any review. It noted that when Facebook notified the Commission of the acquisition in 2014, the company had said it would "be unable to establish reliable automated matching between Facebook users' accounts and WhatsApp users' accounts". "However, in August 2016, WhatsApp announced updates to its terms of service and privacy policy, including the possibility of linking WhatsApp users' phone numbers with Facebook users' identities," it said. After launching a probe last year, the Commission "found that, contrary to Facebook's statements in the 2014 merger review process, the technical possibility of automatically matching Facebook and WhatsApp users' identities already existed in 2014, and that Facebook staff were aware of such a possibility." The Commission said Thursday's decision and the fine would have no impact on its October 2014 clearance of the deal. Commission spokesman Ricardo Cardoso said the fine was less than it would have been because Facebook cooperated. Cardoso added it was nonetheless the "highest fine ever" imposed by the commission for breaches linked to a merger and would serve as a deterrent to others. (AFP)

Facebook fined 110 mn euros for defying EU merger rules in WhatsApp takeover

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Facebook tells Irish court that probe threatens its EU operations

Facebook fined 110 mn euros for defying EU merger rules in WhatsApp takeover