Facebook – Court Ruling (Germany, 2019)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
A German court ruled that Facebook must respect a man's right to keep a specific post on its platform. This ruling is significant because it reinforces users' rights to free expression and the importance of clear communication from social media companies.
What happened
The Düsseldorf Regional Court ordered Facebook not to delete a man's post or block him from posting.
Who was affected
A man from Düsseldorf who wanted to keep his post on Facebook.
What the authority found
The court held that Facebook had sufficient knowledge of the German language and law to understand the injunction served to them.
Why this matters
This decision underscores the responsibility of social media platforms to understand and comply with local laws. It also highlights the need for clear communication between users and platforms regarding legal matters.
National Law Articles
"In September 2018, a man from Düsseldorf had obtained a temporary injunction from the Düsseldorf Regional Court, which prohibited the Irish-based company Facebook from blocking the man from posting a specific text on www.facebook.com or from deleting the post. He had this injunction served on Facebook without an English translation. Facebook claimed that the company did not understand the content and needed an English translation." *https://www.olg-duesseldorf.nrw.de/behoerde/presse/Presse_aktuell/20200107_PM_Facebook/index.php* "The 7th Civil Senate ruled that the understanding of the language depends on the organization of the company as a whole. Facebook has a large number of users in Germany to whom the platform is made available entirely in German. The contractual documents used for this purpose are also in German. Concrete formulations in the terms of use show a thorough knowledge of the German language and German law. The Senate had to deal with this question because the man from Düsseldorf claimed the costs incurred by him in the amount of approximately EUR 730. This requires service of the preliminary injunction. The Senate had to clarify the validity of this service. The content of the contribution, which was not to be deleted, was irrelevant to the decision." *https://www.olg-duesseldorf.nrw.de/behoerde/presse/Presse_aktuell/20200107_PM_Facebook/index.php*
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (7)
Other cases involving Facebook in DE
Court Ruling
Details
About this data
Cite as: Cookie Fines. Facebook - Germany (2019). Retrieved from cookiefines.eu
Last updated: