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EU court rules websites liable for data protection with Facebook “LIKE” button

The Court of Justice of the European Union (CJEU) in a recent judgement in Case C-40/17 Fashion ID GmbH & Co. KG v Verbraucherzentrale NRW eV ruled that the German online fashion retailer Fashion ID is in fact liable for collecting and transmitting data to Facebook through the embedded ‘Like’ button on its website. The court ruled that the operator of a website, which in this particular case is Fashion ID, has to obtain prior consent for the collection and transmission of user data to Facebook.

From the decision of the Court is visible that the Fashion ID is in fact a joint controller with Facebook Ireland in respect of the operations involving the collection and transmission of the data to Facebook.

Fashion ID has an embedded Like button on its website to improve the publicity of the items on Facebook. The Higher Regional Court of Dusseldorf requested the Court of Justice interpret several provisions of the former Data Protection Directive of 1995. The directive still applies to the case, but it has been replaced by the new General Data Protection Regulation.

 

The German consumer association in North-Rhine Westphalia sued Fashion ID for breaching the data protection legislation.

The press release is available here: https://curia.europa.eu/jcms/upload/docs/application/pdf/2019-07/cp190099en.pdf