Meta Platforms Ireland Ltd – CJEU Judgment (Germany, 2024)
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.
Meta Platforms Ireland Ltd (the controller) is the provider of the social network Facebook in the EU. Facebook contains a section called “App Centre”, that allows users to access free games provided by third parties. While accessing these games, it is indicated that some personal data is collected by the third party providing the game. The user was also informed that, by using the applications concerned, they accepted the general conditions of those applications and their data protection policy. The Federal Union of Consumer Organisations and Associations (Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV), a German consumer association, brought an action before the Regional Court of Berlin (Landesgericht Berlin – LG Berlin), claiming that the controller failed to comply with the legal requirements to obtain valid consent from the user under the GDPR. The action was brought independently of a specific infringement of a data subject’s GDPR rights and without a mandate from a specific data subject. The Federal Union based its standing on national law allowing a consumer protection organization to bring proceedings on the basis of the infringement of the prohibition of unfair commercial practices (or a breach of a consumer protection law or the prohibition of the use of invalid general terms and conditions). In this case, the Federal Union deemed that the controller had breached the above cited law by having violated data protection law. The LG Berlin upheld the action; the controller appealed this decision before the Higher Regional Court of Berlin (Kammergericht Berlin – KG Berlin). This appeal was dismissed and the controller further appealed the judgement of KG Berlin before the Federal Court of Justice (Bundesgerichtshof – BGH). The BGH had doubts as to the admissibility of the action brought by the Federal Union. Therefore, it referred a question to the CJEU for a preliminary ruling on the interpretation of Ar
GDPR Articles Cited
Meta Platforms Ireland Ltd (the controller) is the provider of the social network Facebook in the EU. Facebook contains a section called “App Centre”, that allows users to access free games provided by third parties. While accessing these games, it is indicated that some personal data is collected by the third party providing the game. The user was also informed that, by using the applications concerned, they accepted the general conditions of those applications and their data protection policy. The Federal Union of Consumer Organisations and Associations (Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV), a German consumer association, brought an action before the Regional Court of Berlin (Landesgericht Berlin – LG Berlin), claiming that the controller failed to comply with the legal requirements to obtain valid consent from the user under the GDPR. The action was brought independently of a specific infringement of a data subject’s GDPR rights and without a mandate from a specific data subject. The Federal Union based its standing on national law allowing a consumer protection organization to bring proceedings on the basis of the infringement of the prohibition of unfair commercial practices (or a breach of a consumer protection law or the prohibition of the use of invalid general terms and conditions). In this case, the Federal Union deemed that the controller had breached the above cited law by having violated data protection law. The LG Berlin upheld the action; the controller appealed this decision before the Higher Regional Court of Berlin (Kammergericht Berlin – KG Berlin). This appeal was dismissed and the controller further appealed the judgement of KG Berlin before the Federal Court of Justice (Bundesgerichtshof – BGH). The BGH had doubts as to the admissibility of the action brought by the Federal Union. Therefore, it referred a question to the CJEU for a preliminary ruling on the interpretation of Ar
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 Ireland Ltd in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Meta Platforms Ireland Ltd - Germany (2024). Retrieved from cookiefines.eu
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