WhatsApp is on the verge of facing stricter regulations in the European Union (EU) after surpassing a critical user threshold. The messaging platform’s channels feature has garnered approximately 46.8 million monthly users in the EU during the second half of 2024, exceeding the 45 million user mark stipulated by the Digital Services Act (DSA) for designation as a Very Large Online Platform (VLOP). This designation implies that WhatsApp will need to implement more robust content moderation measures and conduct thorough risk assessments to address the spread of illegal or harmful content. Additionally, the platform will be obligated to grant users greater control over their data and provide options to opt out of recommendation systems and profiling. The European Commission must formally classify WhatsApp as a VLOP before the new requirements take effect. Non-compliance with DSA regulations could result in fines of up to 6% of WhatsApp’s annual global revenue.

The Digital Services Act (DSA) is a European Union regulation that aims to create a safer digital space for users and establish a level playing field for businesses. It imposes stricter requirements on VLOPs, which are online platforms with over 45 million monthly active users in the EU. These requirements include conducting risk assessments on the spread of illegal and harmful content, implementing content moderation measures, and providing users with greater control over their data. The DSA also mandates increased transparency regarding algorithms and content moderation practices. The goal is to ensure that online platforms take responsibility for the content hosted on their services and protect users from illegal and harmful content.

WhatsApp’s parent company, Meta, already has other major platforms, Facebook and Instagram, regulated as VLOPs in the European Union. These platforms are subject to ongoing investigations by the European Commission regarding potential breaches of the DSA. The increasing scrutiny of social media platforms by the EU has faced criticism from some US officials, including Vice President JD Vance, who has condemned European efforts to regulate online speech. Telegram, another messaging app, has also been under scrutiny regarding its user numbers, but it currently does not exceed the 45 million monthly user threshold in the EU. Telegram has provided the commission with detailed information to support its user numbers, focusing specifically on its open channels.

The potential classification of WhatsApp as a VLOP under the DSA highlights the EU’s commitment to regulating online platforms and ensuring user safety. The DSA’s stricter requirements for VLOPs aim to address the challenges posed by the spread of illegal and harmful content online and to empower users with greater control over their data. As WhatsApp prepares to comply with these new regulations, it will need to implement measures to strengthen content moderation, conduct risk assessments, and enhance user data protection. The outcome of this process could have significant implications for the future of online communication and the regulation of digital platforms in the EU.