CJEU on Facebook: Gdpr Processing Justifications and Application Competence
7 Pages Posted: 3 Aug 2023
Date Written: July 26, 2023
In 2019, the German Federal Competition Authority decided that Meta had abused its dominant position on the German market for private user social networks by collecting user data, including “off-Facebook” data generated through the use of third-party or Meta-owned services other than Facebook. The Düsseldorf Higher Regional Court granted suspensive effect to Meta’s appeal and strongly doubted whether competitive harm resulted from Meta’s conduct, but the German Federal Court of Justice overturned this decision. In the main appeal proceedings, the OLG re-ferred to the CJEU questions about, essentially, the interpretation of various GDPR provisions and the competence of competition authorities to assess GDPR compliance. Advocate General Rantos delivered his Opinion in September 2022 and the CJEU handed down its decision on July 4th, 2023. The present contribution discusses the ruling, with a focus on GDPR application by competition authorities and on user consent.
Keywords: Facebook, GDPR, data processing, consent, competition law
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