In a previous article, we reported that in case of using certain Facebook services, administrators of Facebook pages might be considered as data controllers – a fact they are not always aware of. A recent judgment of the European Court of Justice contains important findings for website operators.

Nowadays, it’s hard to come across a website that is not linked to the largest social networking site. Most operators take advantage of the ability to allow their visitors to like their Facebook page directly through the site or to share the content of the website on Facebook by a single click.

According to the facts of the ECJ case, Fashion ID GmbH & Co, an online clothing store in Germany, placed a Facebook “Like” button on its website. This has resulted in the transfer of personal data of website visitors to Facebook, regardless whether they had clicked on the “Like” button. The operator failed to comply with its obligation to provide information to data subjects as the transmission of the data took place without the knowledge of the data subjects.

In the trial initiated by Verbraucherzentrale NRW, a German public-service association for  safeguarding  the  interests of consumers, the Higher Regional Court of Düsseldorf, Germany requested  the  Court  of  Justice  to  interpret the law.

The Court established that Fashion ID was a joint controller with Facebook Ireland in respect  of  the  operations  involving  the collection and disclosure by transmission to Facebook Ireland of the data at hand, since it can be concluded that Fashion ID and Facebook Ireland determined jointly the means and purposes of those operations.

The Court clarified that the operator of a website as a (joint) controller in respect of certain operations involving the processing of the data of visitors must provide, at the time of their collection, certain information to those visitors such as, for example, its identity and the purposes of processing.

The Court specified that the operator of a website must obtain prior consent in respect of operations where it qualifies as a joint controller, namely the collection and transmission of the data.

Furthermore, with regard to the cases in which the processing of data is necessary for the purposes of a legitimate interest, the Court found that each of the joint controllers, namely the operator of a  website and the provider of a social  plugin must  pursue  a  legitimate  interest  through  the  collection  and  transmission  of  personal  data in  order  for  those  operations  to  be  justified  in  respect of each of them.

This website is maintained by a Hungarian association of lawyers registered at the Budapest Bar Association in accordance with the laws and policies governing Hungarian attorneys which are available together with the information on client rights on the website at www.magyarugyvedikamara.hu.

The materials contained in this website are for information purposes only, and their receipt does not constitute legal advice, or create an attorney-client relationship. You should obtain legal counsel on any particular matter which concerns you.Every effort has been made to ensure the accuracy of the information on this, and linked websites. However, any and all liability which might arise from your use of, or reliance upon, the information or links contained on this website is excluded.

Copyright of the content of this website is owned by Illés & Németh Association of Lawyers