Facebook Ireland Limited – Order (Ireland, 2021)

Order
Data Protection Commission6 October 2021Ireland
pending
Order

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.

The Irish Data Protection Commission drafted a decision suggesting a fine for Facebook for unclear data processing terms. Facebook was criticized for using its terms of service to justify data processing without clear consent. This matters because it highlights the importance of transparency in how companies explain their data practices.

What happened

Facebook included data processing details in its terms of service, relying on a legal basis other than user consent.

Who was affected

Facebook users who were not clearly informed about how their data was being processed.

What the authority found

The draft decision found Facebook violated GDPR by not providing clear and consistent information about its data processing legal basis.

Why this matters

This case underscores the need for companies to clearly communicate their data processing practices and legal justifications. It also shows that authorities are scrutinizing how companies use different legal bases for processing data.

GDPR Articles Cited

Art. 5(1)(a) GDPR
Art. 12(1) GDPR
Art. 13(1)(c) GDPR
Full Legal Summary
Detailed

The organization 'None of your business' (NOYB) published a draft decision of the Irish DPA (DPC) on October 13, 2021, which indicates that it proposes a fine between EUR 28 million and EUR 36 million against Facebook. The draft primarily addresses the fact that Facebook has included details on data processing in its terms of service, thus relying on Art. 6 (1) b) rather than on consent pursuant to Art. 6 (1) a) GDPR. Critics consider this a loophole used by Facebook to circumvent the stricter GDPR requirements of consent according to Art. 6 (1) a) GDPR. However, the DPC emphasizes that the GDPR does not establish a hierarchy of legal bases that can be used to process personal data. Yet, the DPC noted that Facebook failed to provide clear information about its legal basis for data processing and highlights that the information provided by Facebook is discontinuous and that users are referred to different documents and texts of the data policy and terms of service. The DPC concludes its draft that Facebook has thus violated Art. 5 (1) a) GDPR, Art. 12 (1) GDPR and Art. 13 (1) c) GDPR. The draft decision will now be forwarded to other European data protection authorities allowing them to comment on it.

Outcome

Order

A binding order requiring the controller to take specific action.

Related Enforcement Actions (0)

No other enforcement actions found for Facebook Ireland Limited in IE

This is the only recorded action for this entity in this jurisdiction.

Details

Order Date

6 October 2021

Authority

Data Protection Commission

Enforcement Tracker ID

ETid-875

About this data

Data: CMS GDPR Enforcement Tracker
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Facebook Ireland Limited - Ireland (2021). Retrieved from cookiefines.eu

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