Enforcing jurisdiction
Austria · Geography does not establish applicable law.
Confirmed applicable legislation

Max Schrems – Court Ruling (Austria, 2021)

Court Ruling
DPA OGH23 June 2021Austria
final
Court Ruling

Privacy enforcement record

This record is classified outside cookie consent. Subject classification does not confirm an applicable law. It is not included in cookie statistics or the Risk Calculator.

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.

Recorded legal citations
Automatically processed
Art. 5(1)(c) GDPR
Art. 6(1)(a) GDPR
Art. 6(1)(b) GDPR
Art. 9(1) GDPR
Art. 9(2) GDPR
View original scraped data
Art. 5(1)(c) GDPR
Art. 6(1)(a) GDPR
Art. 6(1)(b) GDPR
Art. 9(1) GDPR
Art. 9(2) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

Decision AuthorityOGH

Source checks

Linked-source text retrieved.

Automated check recorded — 20 March 2026.

Processing notes: articles corrected.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

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

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. Max Schrems - Austria (2021). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: