European Commission ("Commission") has imposed an administrative fine on International Flavors & Fragrances Inc. and International Flavors & Fragrances IFF France SAS (together "IFF") for deleting WhatsApp messages during an on-site inspection of IFF's premises in March 2023 as part of an investigation in the consumer fragrances sector. During the on-site inspection, the Commission found that a senior employee of IFF had deleted WhatsApp messages with a competitor after being informed of the on-site inspection by the Commission. This is the Commission's first decision to impose a fine for deleting messages exchanged via social media applications (WhatsApp) on a mobile phone.
The Commission found that the infringement committed by the IFF under Regulation 1/2003 was serious, in particular, given that the senior employee deliberately deleted WhatsApp messages after being informed of the Commission's investigation and that the Commission was not informed of the deletion and that the deletion was detected by the Commission. Accordingly, the Commission decided that a fine of 0.3% of IFF's total turnover was appropriate against IFF for obstruction of the on-site inspection, and reduced the fine by 50% for IFF's proactive cooperation during and after the inspection, ultimately amounting to a fine of 15.9 million Euro, corresponding to 0.15% of IFF's total turnover.
(European Commission – 24.06.2024)
NAZALI TAX & LEGAL