Connect with us

Uncategorized

Confusion over WhatsApp’s new T&Cs triggers privacy warning from Italy

Published

on

Confusion over an update to Facebook-owned chat platform WhatsApp’s terms and conditions has triggered an intervention by Italy’s data protection agency.

The Italian GPDP said today it has contacted the European Data Protection Board (EDPB) to raise concerns about a lack of clear information over what’s changing under the incoming T&Cs.

In recent weeks WhatsApp has been alerting users they must accept new T&Cs in order to keep using the service after February 8.

A similar alert over updated terms has also triggered concerns in India — where a petition was filed today in the Delhi High Court alleging the new terms are a violation of users’ fundamental rights to privacy and pose a threat to national security.

In a notification on its website the Italian agency writes that it believes it is not possible for WhatsApp users to understand the changes that are being introduced under the new terms, nor to “clearly understand which data processing will actually be carried out by the messaging service after February 8”.

Screengrab of the T&Cs alert being shown to WhatsApp users in Europe (Image credit: TechCrunch)

For consent to be a valid legal basis for processing personal data under EU law the General Data Protection Regulation (GDPR) requires that users are properly informed of each specific use and given a free choice over whether their data is processed for each purpose.

The Italian agency adds that it reserves the right to intervene “as a matter of urgency” in order to protect users and enforce EU laws on the protection of personal data.

We’ve reached out to the EDPB with questions about the GPDP’s intervention. The steering body’s role is typically to act as a liaison between EU DPAs. But it also issues guidance on the interpretation of EU law and can step in to cast the deciding vote in cases where there is disagreement on cross-border EU investigations.

Earlier this week Turkish antitrust authorities also announced they are investigating WhatsApp’s updated T&Cs — objecting to what they claimed are differences in how much data will be shared with Facebook under the new terms in Europe and outside.

While, on Monday, Ireland’s Data Protection Commission — which is WhatsApp’s lead data regulator in the EU — told us the messaging app has given it a commitment EU users are not affected by any broader change to data-sharing practices. So Facebook’s lead regulator in the EU has not raised any objections to the new WhatsApp T&Cs.

WhatsApp itself has also claimed there are no changes at all to its data sharing practices anywhere in the world under this update.

Clearly there’s been a communications failure somewhere along the chain — which makes the Italian objection to a lack of clarity in the wording of the new T&Cs seem reasonable.

Reached for comment on the GDPD’s intervention, a WhatsApp spokesperson told us:

We are reviewing the Garante’s announcement regarding WhatsApp’s Privacy Policy update. We want to be clear that the policy update does not affect the privacy of your messages with friends or family in any way or require Italian users to agree to new data-sharing practices with Facebook. Instead, this update provides further transparency about how we collect and use data, as well as clarifying changes related to messaging a business on WhatsApp, which is optional. We remain committed to providing everyone in Italy with private end-to-end encrypted messaging.

How exactly the Italian agency could intervene over the WhatsApp T&Cs is an interesting question. (And, indeed, we’ve reached out to the GPDP with questions.)

The GDPR’s one-stop-shop mechanism means cross-border complaints get funnelled through a lead data supervisor where a company has its main regional base (Ireland in WhatsApp’s case). But as noted above, Ireland has — thus far — said it doesn’t have a problem with WhatsApp’s updated T&Cs.

However under the GDPR, other DPAs do have powers to act off their own bat when they believe there is a pressing risk to users’ data.

Such as, in 2019, when the Hamburg DPA ordered Google to stop manual reviews of snippets of Google Assistant users’ audio (which it had been reviewing as part of a grading program).

In that case Hamburg informed Google of its intention to use the GDPR’s Article 66 powers — which allows a national agency to order data processing to stop if it believes there is “an urgent need to act in order to protect the rights and freedoms of data subjects” — which immediately led to Google suspending human reviews across Europe.

The tech giant later amended how the program operates. The Hamburg DPA didn’t even need to use Article 66 — just the mere threat of the order to stop processing was enough.

Some 1.5 years later and there are signs many EU data protection agencies — outside a couple of key jurisdictions which oversee the lion’s share of big tech — are becoming frustrated by perceived regulatory inaction against big tech.

So there may be an increased willingness among these agencies to resort to creative procedures of their own to protect citizens’ data. (And it’s certainly interesting to note that France’s CNIL recently slapped Amazon and Google with big fines over cookie consents — acting under the ePrivacy Directive, which does not include a GDPR-style one-stop-shop mechanism.)

In related news this week, an opinion by an advisor to the EU’s top court also appears to be responding to concern at GDPR enforcement bottlenecks.

In the opinion Advocate General Bobek takes the view that the law allows national DPAs to bring their own proceedings in certain situations — including in order to adopt “urgent measures” or to intervene “following the lead data protection authority having decided not to handle a case”.

The CJEU ruling on that case is still pending but the court tends to align with the position of its advisors so it seems likely we’ll see data protection enforcement activity increasing across the board from EU DPAs in the coming years, rather than being stuck waiting for a few DPAs to issue all the major decisions.

Lyron Foster is a Hawaii based African American Musician, Author, Actor, Blogger, Filmmaker, Philanthropist and Multinational Serial Tech Entrepreneur.

Continue Reading
Comments

Uncategorized

Will this time be any different for Twitter?

Published

on

As Twitter seems to buy its way into competing with Clubhouse and Substack, one wonders whether the beleaguered social media company is finally ready to move past its truly awful track record of seizing opportunities.

Twitter’s pace of product ambition has certainly seemed to speed in the past several months, conveniently following shareholder action to oust CEO Jack Dorsey last year. They’ve finally rolled out their Stories product Fleets, they’ve embraced audio both in the traditional feed and with their beta Spaces feature, and they’ve taken some much-publicized steps to reign in disinformation and content moderation woes (though there’s still plenty to be done there).

In the past few weeks, Twitter has also made some particularly interesting acquisitions. Today, it was announced that they were buying Revue, a newsletter management startup. Earlier this month, they bought Breaker, a podcasting service. Last month, they bought Squad, a social screen-sharing app.

It’s an aggressive turn that follows Twitter’s announcement that it will be shutting down Periscope, a live video app that was purchased and long-neglected by Twitter despite the fact that the company’s current product chief was its founder.

TikTok’s wild 2020 success in fully realizing the broader vision for Vine, which Twitter shut down in 2017, seems to be a particularly embarrassing stain on the company’s history; it’s also the most crystallized example of Twitter shooting itself in the foot as a result of not embracing risk. And while Twitter was ahead of that curve and simply didn’t make it happen, Substack and Clubhouse are two prime examples of competitors which Twitter could have prevented from reaching their current stature if it had just been more aggressive in recognizing adjacent social market opportunities and sprung into action.

It’s particularly hard to reckon in the shadow of Facebook’s ever-swelling isolation. Once the eager enemy of any social upstart, Facebook finds itself desperately complicated by global politics and antitrust woes in a way that may never strike it down, but have seemed to slow its maneuverability. A startup like Clubhouse may once seemed like a prime acquisition target, but it’s too complicated of a purchase for Facebook to even attempt in 2021, leaving Twitter a potential competitor that could scale to full size on its own.

Twitter is a much smaller company than Facebook is, though it’s still plenty big. As the company aims to move beyond the 2020 US election that ate up so much of its attention and expand its ambitions, one of its most pertinent challenges will be reinvigorating a product culture to recognize opportunities and take on rising competitors — though another challenge might be getting its competition to take it seriously in the first place.

Continue Reading

Uncategorized

Sila Nanotechnologies raises $590M to fund battery materials factory

Published

on

Sila Nanotechnologies, a Silicon Valley battery materials company, has spent years developing technology designed to pack more energy into a cell at a lower cost — an end game that has helped it lock in partnerships with Amperex Technology Limited as well as automakers BMW and Daimler.

Now, Sila Nano, flush with a fresh injection of capital that has pushed its valuation to $3.3 billion, is ready to bring its technology to the masses.

The company, which was founded nearly a decade ago, said Tuesday it has raised $590 million in a Series F funding round led by Coatue with significant participation by funds and accounts advised by T. Rowe Price Associates, Inc. Existing investors 8VC, Bessemer Venture Partners, Canada Pension Plan Investment Board, and Sutter Hill Ventures also participated in the round.

Sila Nano plans to use the funds to hire another 100 people this year and begin to buildout a factory in North America capable of producing 100 gigawatt-hours of silicon-based anode material, which is used in batteries for the smartphone and automotive industries. While the company hasn’t revealed the location of the factory, it does have a timeline. Sila Nano said it plans to start production at the factory in 2024. Materials produced at the plant will be in electric vehicles by 2025, the company said.

“It took eight years and 35,000 iterations to create a new battery chemistry, but that was just step one,” Sila Nano CEO and co-founder Gene Berdichevsky said in a statement. “For any new technology to make an impact in the real-world, it has to scale, which will cost billions of dollars. We know from our experience building our production lines in Alameda that investing in our next plant today will keep us on track to be powering cars and hundreds of millions of consumer devices by 2025.”

The tech

A lithium-ion battery contains two electrodes. There’s an anode (negative) on one side and a cathode (positive) on the other. Typically, an electrolyte sits in the middle and acts as the courier, moving ions between the electrodes when charging and discharging. Graphite is commonly used as the anode in commercial lithium-ion batteries.

Sila Nano has developed a silicon-based anode that replaces graphite in lithium-ion batteries. The critical detail is that the material was designed to take the place of graphite in without needing to change the battery manufacturing process or equipment.

Sila Nano has been focused on silicon anode because the material can store a lot more lithium ions. Using a material that lets you pack in more lithium ions would theoretically allow you to increase the energy density — or the amount of energy that can be stored in a battery per its volume — of the cell. The upshot would be a cheaper battery that contains more energy in the same space.

The opportunity

It’s a compelling product for automakers attempting to bring more electric vehicles to market. Nearly every global automaker has announced plans or is already producing a new batch of all-electric and plug-in electric vehicles, including Ford, GM, Daimler, BMW, Hyundai and Kia. Tesla continues to ramp up production of its Model 3 and Model Y vehicles as a string of newcomers like Rivian prepare to bring their own EVs to market.

In short: the demand of batteries is climbing; and automakers are looking for the next-generation tech that will give them a competitive edge.

Battery production sat at about 20 GWh per year in 2010. Sila Nano expects it to jump to 2,000 GWh per year by 2030 and 30,000 GWh per year by 2050.

Sila Nano started building the first production lines for its battery materials in 2018. That first line is capable of producing the material to supply the equivalent of 50 megawatts of lithium-ion batteries.

Continue Reading

Uncategorized

Daily Crunch: Calendly valued at $3B

Published

on

A popular scheduling startup raises a big funding round, Twitter makes a newsletter acquisition and Beyond Meat teams up with PepsiCo. This is your Daily Crunch for January 26, 2021.

The big story: Calendly valued at $3B

Calendly, which helps users schedule and confirm meeting times, has raised $350 million from OpenView Venture Partners and Iconiq.

Until now, the Atlanta-based startup had only raised $550K, but the company says it has 10 million monthly users, with $70 million in subscription revenue last year.

“Calendly has a vision increasingly to be a central part of the meeting life cycle,” said OpenView’s Blake Bartlett.

The tech giants

Twitter acquires newsletter platform Revue — Twitter is getting into the newsletter business.

TikTok is being used by vape sellers marketing to teens — Sellers are offering flavored disposable vapes, parent-proof “discreet” packaging and no ID checks.

PepsiCo and Beyond Meat launch poorly named joint venture for new plant-based food and drinks — The name? The PLANeT Partnership.

Startups, funding and venture capital

Fast raises $102M as the online checkout wars continue to attract huge investment — The new funding was led by Stripe.

SetSail nabs $26M Series A to rethink sales compensation — SetSail says salespeople should be paid them throughout the sales cycle.

Mealco raises $7M to launch new delivery-centric restaurants — By launching a restaurant with Mealco, chefs don’t sign a lease or pay any other upfront costs.

Advice and analysis from Extra Crunch

Ten VCs say interactivity, regulation and independent creators will reshape digital media in 2021 — We asked about the likelihood of further industry consolidation, whether we’ll see more digital media companies take the SPAC route and, of course, what they’re looking for in their next investment.

The five biggest mistakes I made as a first-time startup founder — Finmark CEO Rami Essaid has some regrets.

Does a $27B or $29B valuation make sense for Databricks? — A look at Databricks’ growth history, economics and scale.

(Extra Crunch is our membership program, which helps founders and startup teams get ahead. You can sign up here.)

Everything else

President Joe Biden commits to replacing entire federal fleet with electric vehicles — His commitment is tied to a broader campaign promise to create 1 million new jobs in the American auto industry and supply chains.

Meet the early-stage founder community at TC Early Stage 2021 — Early Stage part one focuses on operations and fundraising and takes place on April 1-2, while Early Stage part two focusing on marketing, PR and fundraising and runs July 8-9.

The Daily Crunch is TechCrunch’s roundup of our biggest and most important stories. If you’d like to get this delivered to your inbox every day at around 3pm Pacific, you can subscribe here.

Continue Reading

Trending