The CJEU rules that Germany's Federal Cartel Office didn't overstep when ordering Meta to overhaul its ad business in 2019; Meta is “evaluating” the ruling
This request for a preliminary ruling concerns the interpretation of Article 4 … Wall Street Journal : Meta's Facebook Faces Fresh Threat to Sending Personalized Ads in EU Javier Espinoza / Financial Times : Facebook suffers fresh setback after EU ruling on use of personal data Adam Satariano / New York Times : Meta Loses Appeal on How It Harvests Data in Germany Jai Hamid / Cryptopolitan : Meta in hot water again: EU ruling shakes company Alex Scroxton / ComputerWeekly.com : EU judgment sinks Meta's argument for targeted ads Mastodon: @iuculano@masto.ai : CJEU declares Meta/Facebook's GDPR approach largely illegal — “Instead of having a ‘yes/no’ option for personalized ads, they [Meta] just moved the consent clause in the terms and conditions. This is not just unfair but clearly illegal. We are not aware of any other company that has tried to ignore the GDPR in such an arrogant way.” … @outie@slime.global : https://noyb.eu/... but hey let's just wait and see what Facebook will do once they plug Insta into the fediverse, I'm sure they'll be good *this* time around Twitter: @eucourtpress : ECJ: A national #competition authority examining an abuse of a dominant position may also find that the #GDPR has been infringed @meta👉https://curia.europa.eu/ ... Max Schrems / @maxschrems : Today the #CJEU has largely declared Meta's approach to #GDPR “compliance” illegal. Meta is basically reduced to core services and consent for anything that goes beyond that. VERY good result as the CJEU (as before) simply applied the letter of the law. https://noyb.eu/... Dr. Gabriela Zanfir-Fortuna / @gabrielazanfir : Momentous CJEU judgment today, creating new jurisprudence at the intersection of antitrust & data protection law by deciding that an abuse of dominant position in digital markets can be found by an antitrust authority due to a breach of the #GDPR https://curia.europa.eu/... 1/ @heiko_duenkel : 👇👇👇That is also our preliminary interpretation of today's ruling. (@vzbv is third party to the case.) Great success for @Kartellamt and consumers. https://twitter.com/... Jason Kint / @jason_kint : News report. I'd say sort of to this. Def restricts Facebook's ability to use any data its collected in one app or from a 3rd party context/provider. Much of that has been used to train FB ad targeting models so that will bring up another unwind question. https://www.wsj.com/... Frederike Kaltheuner / @f_kaltheuner : An incredibly important ruling with far-reaching consequences for how platforms and social media companies can operate. This ruling challenges the business model - an important step towards protecting people's rights. @hrw https://noyb.eu/... @amnestytech : 🚨🚨We welcome Court of Justice of the European Union (CJEU) ruling on how @Meta's surveillance business model violates EU law. The ruling is a blow to the surveillance advertising business model which underpins Meta, fundamentally undermining rights https://techcrunch.com/... @mbarczentewicz : I see a lot of breathless misleading reporting about CJEU's Meta judgment based on the press release. Especially this sentence, where the nuance is that it refers to off-platform data ("data at issue"). The question of first-party data is not that clear [image] Joe Westby / @joewestby : Happy “independence-from-Meta's-surveillance- capitalism-day”! (h/t @riptari) As major EU court CJEU ruling confirms that Meta's invasive data harvesting for ad profit without people's consent is *not* legal. https://techcrunch.com/... Max Schrems / @maxschrems : This is “#GDPR meltdown day” for @Meta - CJEU basically closes all “loopholes” their lawyers have argued for the last five years. We have put together a (very) first statement here: https://noyb.eu/... https://twitter.com/... @privacymatters : @VeraJourova ... 1/ Not really. Take the case of @meta for example. Today the @EUCourtPress ruled in Case C-252/21 https://curia.europa.eu/... I'm in the UK. Consider that ruling then consider Meta's response to me wrt to the same issues in the ruling I would suggest that Meta's response also [image] Andrej Savin / @andrejsavin : #CJEU on Meta's data collection: “personalised advertising by which [...] Facebook finances its activity, cannot justify, as a legitimate interest [...], the processing of the data [...] in the absence of the data subject's consent “https://curia.europa.eu/... Thibault Schrepel / @profschrepel : This ( https://curia.europa.eu/... / https://curia.europa.eu/...) is nonsense to me, but not surprising: Continental Can (1973) broke the causal link between dominance and abuse ( https://www.networklawreview.org/ ...). We logically end up with this poor decision. Next step: infringing the AI Act, the... https://twitter.com/... [image] Luis Montezuma / @montezumachavez : Judgment of the Court in Meta Platforms and Others (General terms of use of a social network) A national competition authority can find, in the context of the examination of an abuse of a dominant position, that the GDPR has been infringed. See https://curia.europa.eu/... [image] @mbarczentewicz : 1/ What must you know about today's potentially momentous decision from the EU's highest court (CJEU) in Meta's case? (Case C-252/21) TLDR: personalized advertising under the GDPR may get even more tricky, but this is not the end. Kris Shrishak / @krisshrishak : Big news from CJEU with three key components: 1. Competition authorities can assess #GDPR compliance when investigating abuse of dominant position. 2. Legitimate interest, in the absence of consent, may not be a sufficient legal basis for personalised ads. [image] Dr. Gabriela Zanfir-Fortuna / @gabrielazanfir : This is a case concerning a decision by the Federal German Antitrust regulator against Meta. The case refers to the combined processing of on-platform and off-platform data to create profiles relied on for targeted advertising without valid GDPR consent. 2/ Kris Shrishak / @krisshrishak : 3. Imbalance between operators in dominant position and data subjects can can affect whether consent is freely given. The dominant player needs to prove that data subjects freely gave consent. https://curia.europa.eu/... [image] Marta Cantero / @martacantero : Highly relevant @EUCourtPress ruling on GDPR (the very same day we are expecting amendment for improving enforcement) Main points: ‧NCAs can assess but not enforce GDPR ‧Personalised advertising cannot justify as legitimate interest ‧Dominant position affects consent validity https://twitter.com/... @privacymatters : 🍿 This is big. A number of Competition Authorities are seriously tackling the abuse of privacy esp wrt to mobile .. via examining architectures of choice, browser and search engine defaults, deceptive design etc 💪 https://twitter.com/... Forums: Hacker News : CJEU declares Meta's GDPR approach illegal See also Mediagazer