Facebook against Bundeskartellamt

The German Federal Court of Justice (Bundesgerichtshof – BGH) announced that the Cartel Senate of the BGH will issue a decision on the immediate enforceability of an order issued by the Federal Cartel Office against Facebook Ireland Ltd.

The Cartel Office believes that a dominant position of Facebook is being misused due to a violation of data protection law. The Bundeskartellamt sees the use of the terms of use and the subsequent processing of data generated outside of the Facebook pages as violations of the prohibition of misuse according to Section 19 (1)  Act against Restraints of Competition (GWB), as these conditions are inadequate with regard to the evaluations of data protection law according to the GDPR.

The BGH acknowledges that Bundeskartellamt has issued a decision prohibiting Facebook and other group companies from using terms of use that allow such processing of data generated outside of Facebook.com on the aforementioned group services or websites or third-party apps without further user consent.

The BGH highlighted that the Dusseldorf Higher Regional Court (OLG Düsseldorf) had not yet ruled on the appeal but that it had ordered the BKA’s order to be suspended at the request of Facebook. As a result, the BKA’s decision will not be enforced until the OLG Düsseldorf has issued its decision on the appeal.

The BGH also announced that it will issue the Decision on 23 June 2020.

Source: BGH website

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