- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Max Schrems – Court Ruling (Austria, 2021)
Privacy enforcement record
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An Austrian court ruled on several applications related to data protection but paused some proceedings until the European Court of Justice could provide further guidance. This ruling is part of ongoing legal challenges regarding Facebook's data practices. It emphasizes the need for clarity in data protection laws.
What happened
The Austrian court ruled on some applications from Max Schrems but paused others pending a ruling from the European Court of Justice.
Who was affected
Max Schrems, a privacy advocate, is challenging Facebook's data handling practices, which affect millions of users.
What the authority found
The court decided to interrupt proceedings on some applications until further clarification from the European Court of Justice is received.
Why this matters
This case underscores the ongoing legal scrutiny of major tech companies and the evolving nature of data protection laws. It highlights the importance of legal clarity for businesses handling personal data.
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In the proceedings, the plaintiff filed a total of 12 applications. The court ruled on 6 of these applications by partial judgment of 23 June 2021. The proceedings were interrupted with regard to the remaining 5 applications until the CJEU has ruled on the preliminary ruling proceedings initiated by order of 23 June 2021. An overall short summary can be found [https://noyb.eu/en/breaking-austrian-ogh-asks-cjeu-if-facebook-undermines-gdpr-2018 here]. This order for preliminary ruling only concerns applications 5 to 9, so that only the relevant facts are presented in a very abbreviated form below. The facts relevant for the proceedings already decided by partial judgment are presented there. The plaintiff is Max Schrems. The defendant is Facebook Ireland. Facebook provides a platform on which more than 2.2 billion users worldwide can upload data and respond to data uploaded by other users. This includes text posts, pictures, videos, events, comments, "likes", tags on photos and much more. The court explains all the functions of the Facebook platform. In particular, it explains that users network with each other in so-called "friendships". Practically all information from all users is linked to each other - especially via the friendship network. This linking allows an evaluation of the individual user beyond the data provided by the user himself. The research into the "preferences" and the "profile" of the users does not only include interests or information provided by the user himself, but all personal data available to the defendant. Facebook does not generate any content itself and only provides the infrastructure (free of charge). Facebook receives the (linked) personal data. The economic model of the defendant is to generate revenue through personalised advertising and commercial content based on the same preferences and interests. For this purpose, Facebook provides so-called business tools, which in turn can be differentiated into three tools described by the
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Max Schrems in AT
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
23 June 2021
Authority
DPA OGH
About this data
Cite as: Cookie Fines. Max Schrems - Austria (2021). Retrieved from cookiefines.eu
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