CJEU - C-252/21 - Meta Platforms and Others v Bundeskartellamt: Difference between revisions
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Meta processes such data on the basis of a contract it enters into with a user when they sign up to Facebook and accept the general terms. In order to use Facebook, the user must accept those terms. | Meta processes such data on the basis of a contract it enters into with a user when they sign up to Facebook and accept the general terms. In order to use Facebook, the user must accept those terms. | ||
The Federal Cartel Office (Bundeskartellamt | The Federal Cartel Office (Bundeskartellamt) brought proceedings against Meta Platforms, Meta Platforms Ireland and Facebook Deutschland (the companies). | ||
By its decision, the | By its decision, the Bundeskartellamt prohibited those companies from making – in the general terms – the use of Facebook subject to the processing the user’s ‘off-Facebook data’ and 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 GDPR|Article 6(1)]] and [[Article 9 GDPR|Article 9(2) GDPR]]. | ||
It followed, that the companies brought an action against the decision before the Higher Regional Court in Düsseldorf, Germany (the Court). | It followed, that the companies brought an action against the decision before the Higher Regional Court in Düsseldorf, Germany (the Court). | ||
Revision as of 09:59, 5 July 2023
| CJEU - C-252/21 Meta Platforms and Others v Bundeskartellamt | |
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| Court: | CJEU |
| Jurisdiction: | European Union |
| Relevant Law: | Article 4(11) GDPR Article 6(1) GDPR Article 9(1) GDPR Article 9(2) GDPR |
| Decided: | 04.07.2023 |
| Parties: | Meta Platforms Inc. Meta Platforms Ireland Ltd Facebook Deutschland GmbH Bundeskartellamt Verbraucherzentrale Bundesverband eV (intervener) |
| Case Number/Name: | C-252/21 Meta Platforms and Others v Bundeskartellamt |
| European Case Law Identifier: | ECLI:EU:C:2023:537 |
| Reference from: | Oberlandesgericht Düsseldorf |
| Language: | 24 EU Languages |
| Original Source: | AG Opinion Judgement |
| Initial Contributor: | n/a |
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English Summary
Facts
Meta Platforms Ireland (Meta) operates 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 with regard to Facebook essentially consists of personalised advertising based on automated 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 they sign up to Facebook and accept the general terms. In order to use Facebook, the user must accept those 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 making – in the general terms – the use of Facebook subject to the processing the user’s ‘off-Facebook data’ and 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 Regional Court in Düsseldorf, Germany (the Court).
Holding
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