Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein – CJEU Judgment (Germany, 2018)

CJEU Judgment
Court of Justice of the European Union5 June 2018Germany
final
CJEU Judgment

The Court of Justice ruled that administrators of Facebook fan pages are responsible for how Facebook processes personal data of visitors. This means if you run a fan page, you share responsibility with Facebook for data privacy. The decision highlights the importance of understanding your role in data processing when using social media platforms.

What happened

Administrators of Facebook fan pages were found to share responsibility for data processing with Facebook.

Who was affected

Visitors to Facebook fan pages whose data was collected through cookies.

What the authority found

The Court held that fan page administrators are jointly responsible with Facebook for the processing of personal data under Directive 95/46/EC.

Why this matters

This ruling clarifies that businesses using social media platforms must consider their joint responsibility for data protection. It underscores the need for businesses to be aware of how third-party platforms handle user data and to ensure compliance with privacy laws.

National Law Articles

Paragraph 11 German Federal Law on Data Protection (BDSG)
Paragraph 3(7) German Federal Law on Data Protection (BDSG)
Paragraph 38(5) German Federal Law on Data Protection (BDSG)
Paragraph 12 German Law on Electronic Media 2007 (BGBI)
Decision AuthorityCJEU
Reviewed AuthorityBVerwG (Germany)
Full Legal Summary
Detailed

The company failed to notify users about cookies storing unique user codes and third-party data processing via Facebook Insights, lacking clear information and consent.

Outcome

CJEU Judgment

A judgment by the Court of Justice of the European Union, typically on a preliminary reference from a national court.

Violations (3)

Cookies Placed Before Consent
critical

Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.

Art. 6(1) GDPR

Third-Party Cookies Without Consent
critical

Third-party tracking cookies or scripts are loaded without obtaining prior user consent.

Art. 13, 14 GDPR

Unclear Cookie Information
high

The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.

Art. 12, 13 GDPR

Related Cases (0)

No other cases found for Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein in DE

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

Details

Judgment Date

5 June 2018

Authority

Court of Justice of the European Union

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified
Cookie relevance: 100%

Cite as: Cookie Fines. Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein - Germany (2018). Retrieved from cookiefines.eu

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