Facebook Ireland Ltd – CJEU Judgment (Belgium, 2021)

CJEU Judgment
Court of Justice of the European Union15 June 2021Belgium
final
CJEU Judgment

CJEU judgment — not a DPA enforcement action

This is a Court of Justice ruling, not an enforcement action by a data protection authority. It is not included in cookie statistics or the Risk Calculator.

The Court of Justice of the European Union clarified how data protection authorities can handle cross-border cases. This ruling matters because it affects how companies like Facebook are regulated across different countries. It highlights the importance of understanding which authority has the power to take action in cross-border data issues.

What happened

The Court of Justice ruled on how data protection authorities can engage in legal proceedings for cross-border data processing cases.

Who was affected

The decision impacts internet users in Belgium whose data was processed by Facebook without adequate information or valid consent.

What the authority found

The Court held that a national data protection authority can take action against a company for cross-border data processing if it is not the lead authority, under certain conditions.

Why this matters

This ruling clarifies the 'one-stop shop' mechanism under GDPR, impacting how companies are regulated across Europe. It emphasizes the need for businesses to understand which data protection authorities can take action against them in cross-border situations.

GDPR Articles Cited

Art. 60 GDPR
Art. 62 GDPR
Art. 78 GDPR
Art. 55(1) GDPR
Art. 56(1) GDPR
Art. 56(2) GDPR
Art. 58(5) GDPR
Art. 61(1) GDPR
Art. 64(2) GDPR
Art. 65(1) GDPR
Art. 66(1) GDPR
Art. 66(2) GDPR
Decision AuthorityCJEU
Reviewed AuthorityCourt of Appeal of Brussels (Belgium)
Full Legal Summary
Detailed

The Belgian DPA brought an action before Court of First Instance of Brussels, Belgium on 11 September 2015, seeking an injunction against Facebook Ireland, Facebook Inc. and Facebook Belgium. This action aimed to put an end to what the Belgian DPA described as ‘serious and large-scale infringements, by Facebook, of the legislation relating to privacy’. On 16 February 2018, the Court of First Instance held that the Facebook social network did not adequately inform Belgian internet users of the collection and use of the information concerned. Furthermore, the consent given by the internet users to the collection and processing of that data was held to be invalid. Facebook Ireland, Facebook Inc. and Facebook Belgium, however, appealed that judgement before the Brussels Court of Appeal. Before ruling on the substance of the case, the Court of Appeal referred certain questions to the CJEU regarding the ‘one-stop shop’ mechanism provided for by the GDPR. Indeed, Facebook Ireland (established in Ireland) was identified as the controller. The Court of Appeal of Brussel therefore referred six questions to the CJEU: (1) Should Article 55(1), Articles 56 to 58 and Articles 60 to 66 of [Regulation 2016/679], read together with Articles 7, 8 and 47 of the [Charter], be interpreted as meaning that a supervisory authority which, pursuant to national law adopted in implementation of Article 58(5) of that regulation, has the competence to initiate or engage in legal proceedings before a court in its Member State against infringements of that regulation cannot exercise that competence in connection with cross-border data processing if it is not the lead supervisory authority for that cross-border data processing? (2) Does the answer to the first question referred differ if the controller of that cross-border data processing does not have its main establishment in that Member State but does have another establishment there? (3) Does the answer to the first questio

Outcome

CJEU Judgment

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

Related Cases (0)

No other cases found for Facebook Ireland Ltd in BE

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

Details

Judgment Date

15 June 2021

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. Facebook Ireland Ltd - Belgium (2021). Retrieved from cookiefines.eu

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