CJEU - C-446/21 - Schrems v Facebook Ireland (2021): Difference between revisions
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=== Holding === | === Holding === | ||
Questions referred for a preliminary ruling: | '''Questions referred for a preliminary ruling:''' | ||
1. Are the provisions of Article 6(1)(a) and (b) of the General Data Protection Regulation (‘the GDPR’) to be interpreted as meaning that the lawfulness of contractual provisions in general terms of service for platform agreements such as that in the main proceedings (in particular, contractual provisions such as: ‘Instead of paying ... by using the Facebook Products covered by these Terms you agree that we can show you ads … We use your personal data ... to show you ads that are more relevant to you.’) which provide for the processing of personal data with a view to aggregating and analysing it for the purposes of personalised advertising must be assessed in accordance with the requirements of Article 6(1)(a) of the GDPR, read in conjunction with Article 7 thereof, which cannot be replaced by invoking Article 6(1)(b) thereof? | '''1.''' Are the provisions of Article 6(1)(a) and (b) of the General Data Protection Regulation (‘the GDPR’) to be interpreted as meaning that the lawfulness of contractual provisions in general terms of service for platform agreements such as that in the main proceedings (in particular, contractual provisions such as: ‘Instead of paying ... by using the Facebook Products covered by these Terms you agree that we can show you ads … We use your personal data ... to show you ads that are more relevant to you.’) which provide for the processing of personal data with a view to aggregating and analysing it for the purposes of personalised advertising must be assessed in accordance with the requirements of Article 6(1)(a) of the GDPR, read in conjunction with Article 7 thereof, which cannot be replaced by invoking Article 6(1)(b) thereof? | ||
2. Is Article 5(1)(c) of the GDPR (data minimisation) to be interpreted as meaning that all personal data held by a platform such as that in the main proceedings (by way of, in particular, the data subject or third parties on and outside the platform) may be aggregated, analysed and processed for the purposes of targeted advertising without restriction as to time or type of data? | '''2.''' Is Article 5(1)(c) of the GDPR (data minimisation) to be interpreted as meaning that all personal data held by a platform such as that in the main proceedings (by way of, in particular, the data subject or third parties on and outside the platform) may be aggregated, analysed and processed for the purposes of targeted advertising without restriction as to time or type of data? | ||
3. Is Article 9(1) of the GDPR to be interpreted as applying to the processing of data that permits the targeted filtering of special categories of personal datasuch as political opinions or sexual orientation (for advertising, for example), even if the controller does not differentiate between those types of data? | '''3.''' Is Article 9(1) of the GDPR to be interpreted as applying to the processing of data that permits the targeted filtering of special categories of personal datasuch as political opinions or sexual orientation (for advertising, for example), even if the controller does not differentiate between those types of data? | ||
4. Is Article 5(1)(b) of the GDPR, read in conjunction with Article 9(2)(e) thereof, to be interpreted as meaning that a statement made by a person about his or her own sexual orientation for the purposes of a panel discussion permits the processing of other data concerning sexual orientation with a view to aggregating | '''4.''' Is Article 5(1)(b) of the GDPR, read in conjunction with Article 9(2)(e) thereof, to be interpreted as meaning that a statement made by a person about his or her own sexual orientation for the purposes of a panel discussion permits the processing of other data concerning sexual orientation with a view to aggregating | ||
and analysing the data for the purposes of personalised advertising? | and analysing the data for the purposes of personalised advertising? | ||
Latest revision as of 11:49, 11 October 2021
| CJEU - C-446/21 Schrems v Facebook Ireland (2021) | |
|---|---|
 | |
| Court: | CJEU |
| Jurisdiction: | European Union |
| Relevant Law: | Article 5(1)(c) GDPR Article 6(1)(a) GDPR Article 6(1)(b) GDPR Article 9(1) GDPR Article 9(2)(e) GDPR |
| Decided: | |
| Parties: | Maximilian Schrems Facebook Ireland Ltd |
| Case Number/Name: | C-446/21 Schrems v Facebook Ireland (2021) |
| European Case Law Identifier: | |
| Reference from: | OGH (Austria) |
| Language: | 24 EU Languages |
| Original Source: | Judgement |
| Initial Contributor: | n/a |
See Holding for questions referred.
English Summary
Facts
Facts pending decision.
Holding
Questions referred for a preliminary ruling:
1. Are the provisions of Article 6(1)(a) and (b) of the General Data Protection Regulation (‘the GDPR’) to be interpreted as meaning that the lawfulness of contractual provisions in general terms of service for platform agreements such as that in the main proceedings (in particular, contractual provisions such as: ‘Instead of paying ... by using the Facebook Products covered by these Terms you agree that we can show you ads … We use your personal data ... to show you ads that are more relevant to you.’) which provide for the processing of personal data with a view to aggregating and analysing it for the purposes of personalised advertising must be assessed in accordance with the requirements of Article 6(1)(a) of the GDPR, read in conjunction with Article 7 thereof, which cannot be replaced by invoking Article 6(1)(b) thereof?
2. Is Article 5(1)(c) of the GDPR (data minimisation) to be interpreted as meaning that all personal data held by a platform such as that in the main proceedings (by way of, in particular, the data subject or third parties on and outside the platform) may be aggregated, analysed and processed for the purposes of targeted advertising without restriction as to time or type of data?
3. Is Article 9(1) of the GDPR to be interpreted as applying to the processing of data that permits the targeted filtering of special categories of personal datasuch as political opinions or sexual orientation (for advertising, for example), even if the controller does not differentiate between those types of data?
4. Is Article 5(1)(b) of the GDPR, read in conjunction with Article 9(2)(e) thereof, to be interpreted as meaning that a statement made by a person about his or her own sexual orientation for the purposes of a panel discussion permits the processing of other data concerning sexual orientation with a view to aggregating and analysing the data for the purposes of personalised advertising?
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