Fashion ID GmbH & Co. KG – CJEU Judgment (Germany, 2019)

CJEU Judgment
Court of Justice of the European Union29 July 2019Germany
final
ePrivacy
CJEU Judgment

The Court of Justice of the European Union ruled that Fashion ID, a clothing retailer, shared visitor data with Facebook without consent by using a Facebook 'Like' button on its website. This decision highlights that companies can be responsible for data collection even if they don't directly access the data. It sets a precedent for how businesses should handle third-party tools on their websites.

What happened

Fashion ID shared personal data with Facebook through a 'Like' button on its website without user consent.

Who was affected

Website visitors who had their data sent to Facebook when visiting Fashion ID's site.

What the authority found

The Court held that Fashion ID was a joint controller with Facebook, responsible for data transmission to Facebook without user consent.

Why this matters

This ruling clarifies that businesses using third-party tools like social media plugins can be held accountable for data privacy violations. Website operators should ensure they have proper consent mechanisms in place when integrating such tools.

GDPR Articles Cited

National Law Articles

Paragraph 12(1) German Law on Telemedia (TMG)
Paragraph 13(1) German Law on Telemedia (TMG)
Paragraph 2 German Law against Unfair Competition (UWG)
Paragraph 3(1) German Law against Unfair Competition (UWG)
Paragraph 8 German Law against Unfair Competition (UWG)
Decision AuthorityCJEU
Reviewed AuthorityOLG Düsseldorf (Germany)‎
Full Legal Summary
Detailed

Fashion ID embedded Facebook's 'Like' plug-in, transmitting user data to Facebook without consent, acting as a joint controller.

Outcome

CJEU Judgment

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

Violations (2)

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

Related Cases (0)

No other cases found for Fashion ID GmbH & Co. KG in DE

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

Details

Judgment Date

29 July 2019

Authority

Court of Justice of the European Union

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Fashion ID GmbH & Co. KG - Germany (2019). Retrieved from cookiefines.eu

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