Luxembourg Websites that include Facebook's “Like” button must obtain consent from users. The European Court of Justice (ECJ) took responsibility for the website operators on Monday.
However, it is only about the collection and transmission of data – for the subsequent processing of the information is Facebook alone responsible. The decision should be next to the “like” button Facebook also other similarly functioning plug-ins, for example, be affected by advertising providers.
Website users may receive another consent click with the decision. The “Like” button transmits the IP address, the web browser identifier and the date and time of the call when loading the page, even without the button being clicked or the user having a Facebook account. For example, the obligation to consent should also apply to Facebook's “Share” button.
The judges in Luxembourg dealt with the “Like” button because of a dispute between the consumer center North Rhine-Westphalia and the fashion online retailer Fashion ID of the Peek & Cloppenburg KG based in Düsseldorf in 2015.
The Consumer Center had argued that the use of the “Like” button violated data protection law – and filed an injunction action against Fashion ID. The Düsseldorf Higher Regional Court then asked the ECJ in 2017 for the interpretation of several data protection provisions.
The ECJ argued that the inclusion of the button allowed Fashion ID to optimize advertising for its products by making them more visible on Facebook.
This was an economic advantage, for the Fashion ID “at least tacitly” the collection of personal data website visitors have agreed.
For the data processing, which makes Facebook after the transmission of the data, the website was not responsible. Because Fashion ID does not decide on the purpose and means of these processes.
In addition, the ECJ confirmed the right of action of German consumer associations on data protection issues at European level, even under the then existing European directive. The General Data Protection Regulation (DSGVO), which has been in force since May 2018, already expressly provides for the right of action for associations.
More: The US Department of Justice initiates antitrust investigations against the technology giants. Democrats are already calling for their destruction.
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