The European Court of Justice (ECJ) has affirmed the decision of the Federal Cartel Office that Meta, the parent company of Facebook, may not combine and process user data without their consent. The ECJ states that users should have the freedom to decide and be properly informed about how their data is used. Meta has been accused of abusing its market power by collecting data from Facebook, Instagram, and WhatsApp users without explicit consent. The Federal Cartel Office had previously made this determination in 2019, and Meta had filed a lawsuit arguing that the Office had overstepped its authority. However, the ECJ ruling supports the Office’s decision, stating that a national competition authority can establish a violation of data protection regulations in cases of abuse of dominance. The ruling also emphasizes the importance of cooperation between data protection supervisory authorities in determining data protection violations.
The Federal Commissioner for Data Protection and Freedom of Information (BfDI) welcomes the ECJ decision and sees it as a recognition that compliance with data protection requirements is relevant to competition. The BfDI believes that both competition authorities and data protection supervisory authorities should work closely together to regulate data-driven business models and protect citizens from illegal and abusive data processing. The BfDI will be collaborating with European colleagues to evaluate the interaction between data protection, competition, and consumer protection and establish best practices for efficient cooperation.
Meta has announced plans to introduce a “new account overview” that aims to provide users with a more transparent and comprehensible user experience. The company has made changes to design elements and wording to make it easier for users to understand the implications of linking their accounts. Meta also claims to have simplified the process of disconnecting accounts.
Overall, this ECJ ruling reinforces the importance of user consent and data protection in the context of large tech companies like Meta. It highlights the need for cooperation between competition authorities and data protection supervisory authorities to ensure effective regulation and protection of citizens’ data.
