Meta Platforms – CJEU Judgment (Germany, 2023)
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 ruled that Meta Platforms must not require users to consent to data processing for personalized ads as part of their Facebook terms. This decision is significant because it challenges how Meta operates in the EU and could impact how companies handle user data. Website operators should be aware of the legal limits on data processing.
What happened
The Court ruled that Meta cannot make the use of Facebook dependent on processing users' off-Facebook data without their consent.
Who was affected
Facebook users in Germany who are affected by Meta's data processing practices.
What the authority found
The Court held that Meta's practices violated users' rights under GDPR, particularly regarding consent for data processing.
Why this matters
This ruling sets a precedent for limiting how dominant companies can use user data. Website operators should review their data collection practices to ensure compliance with consent requirements.
GDPR Articles Cited
Meta Platforms Ireland (Meta) offers the social network service Facebook within the EU. Other online social network services - including Instagram and WhatsApp - are offered by other undertakings belonging to the Meta group. The business model regarding Facebook essentially consists of personalised advertisement based on the production of detailed profiles of Facebook-users and users of the other online services offered by the Meta group (the users). The users provide data directly to Meta when they sign up to Facebook. In addition, Meta collects data of the users from the social network services provided by the Meta group as well as third-party websites and apps (“off-Facebook data”) and links such data to the users’ accounts. The aggregate view of the data allows Meta to draw detailed conclusions about those users’ preferences and interests. Meta processes such data on the basis of a contract it enters into with a user when the user signs up to Facebook and accepts the general terms of use. In order to use Facebook, the user must accept the general terms. The Federal Cartel Office (Bundeskartellamt) brought proceedings against Meta Platforms, Meta Platforms Ireland and Facebook Deutschland (the companies). By its decision, the Bundeskartellamt prohibited those companies from 1) making – in the general terms of use – the use of Facebook subject to the processing the user’s ‘off-Facebook data’ and 2) from processing the data without the user’s consent, with regard to private users residing in Germany. The Bundeskartellamt viewed that the use of such general terms constitute an abuse of Meta’s dominant position on the market for online social networks for private users in Germany, in particular, since the processing of the 'off-Facebook data' is not consistent with the underlying values of the GDPR and cannot be justified in the light of Article 6(1) and Article 9(2) GDPR. It followed, that the companies brought an action against the decision before the Higher Re
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 Meta Platforms in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Meta Platforms - Germany (2023). Retrieved from cookiefines.eu
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