EU on META Data Processing Practices

The CJEU's landmark ruling on Meta Platforms, formerly Facebook, reshapes EU's data protection landscape. Emphasising the power of Member State authorities, it redefines 'consent' for data handling and champions sincere cooperation among EU entities.

EU on META Data Processing Practices
EU Digital Privacy and Data Protection

European Union Court Rules on Meta Platforms' Data Processing Practices

Source: EUR-Lex Keywords Meta Platforms Data Processes

The European Union's Court of Justice (CJEU) has delivered several key judgments, including a landmark ruling concerning Meta Platforms Inc., formerly known as Facebook Inc. This judgment, which has far-reaching implications for online social networks, centers around the processing of users' personal data as outlined in Meta Platforms' general terms of use. The court examined whether the social media giant's data processing practices constituted the abuse of a dominant position, which would be in violation of Regulation (EU) 2016/679. The German competition authority (Bundeskartellamt) had challenged the legality of these practices. The CJEU judgment provides much-needed clarity on the powers of national data protection supervisory authorities and competition authorities in Member States. It also discusses the principle of sincere cooperation under Article 4(3) of the Treaty on European Union, and the concept of 'consent' under Article 4(11) of Regulation 2016/679.




EU Ruling on Meta Platforms: A Defining Moment for EU Data Protection and Competition Laws


The European Union's Court of Justice (CJEU) recently rendered a game-changing judgment concerning Meta Platforms Inc., previously known as Facebook Inc. This ruling doesn't just impact one social media behemoth; it sends ripples across the entire online social networking sector, especially within the European Union (EU).

Meta Platforms found itself in the spotlight for its data processing habits, particularly the way personal user data is presented in its general terms of use. This scrutiny was further intensified by challenges from the German competition authority, Bundeskartellamt, which sparked questions around the company's dominant market position. The key takeaways from this judgment can be broken down into several core insights.


  • The Power Dynamics Between Companies and Member State Authorities: The CJEU's judgment crystalizes the role and authority of competition bodies in EU Member States. It underlines that these entities possess the robust mandate to discern whether a company's data management aligns with EU directives. With such powers, these authorities could mete out stringent penalties to non-compliant entities, marking a crucial shift in the balance of power.

  • Redefining 'Consent': One of the pivotal aspects of the CJEU's ruling revolves around the interpretation of 'consent' as enshrined in Article 4(11) of Regulation 2016/679. The judgment sets a precedent, potentially steering companies towards more transparent and stringent methodologies to obtain genuine user consent for data handling.

  • The Principle of Sincere Cooperation: The ruling not only tackles data protection but also emphasizes the foundational principle of sincere cooperation. This is represented in Article 4(3) of the Treaty on European Union. The judgment promotes collaborative synergies between EU institutions, individual Member States, and businesses, fostering a harmonized approach to data protection across the continent.

For companies operating within the EU, especially online social networks, this judgment signifies a watershed moment. It calls for an immediate review of data processing practices, user engagement mechanisms, and compliance strategies. Not just for Meta Platforms, but for all online entities, the writing on the wall is clear: adapt, collaborate, and uphold the sanctity of user data.




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EUR-Lex - C:2023:296:FULL - EN - EUR-Lex




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