Consumer advice center
vs.
Facebook.
Consumer advice center
vs.
Facebook.
from
Federal Court of Justice: Consumer protection association may successfully prohibit data protection violations by Facebook (Meta).
Facebook App Center
In 2012, Facebook (now Meta) offered users an “app center” on its platform where users could play games from other providers free of charge. If the user clicked on the “Play now” button, they allowed the respective app to post content in their name and pass on personal data, such as their email address, to third-party providers. A corresponding notice was displayed under the button.
The umbrella organization of the consumer associations of the German federal states (Vzbv) was of the opinion that Facebook did not sufficiently inform its users about the scope and purpose of the collection and use of their personal data with the notice and thus violated the legal requirements for obtaining effective consent under data protection law. In addition, this was anti-competitive behavior, which is why the Vzbv had sued Facebook for injunctive relief. After the Court of Appeal had also upheld the claim, Facebook continued to demand that the case be dismissed on appeal.
Federal Court of Justice confirms GDPR violation
In its ruling of 27.03.2025 – I ZR 186/17, the Federal Court of Justice confirmed, following a corresponding preliminary ruling by the ECJ, that consumer protection associations are entitled to take legal action against breaches of the GDPR .
The breach of data protection information obligations also constitutes a breach of fair trading law.
Based on the economic importance of the processing of personal data for internet-based business models, the use of which is remunerated by the consumer with the disclosure of personal data, the information obligations under data protection law are of central importance. They are intended to ensure that the consumer is informed as comprehensively as possible about the scope and implications of this declaration of consent when making a demand decision, which is linked to consent to the processing of personal data, in order to be able to make an informed decision.
The concluding note “This application may post status messages, photos and more in your name” constitutes an unreasonably disadvantageous and therefore ineffective general terms and conditions for the user due to the violation of the data protection information obligations, the use of which the Vzbv can prohibit.
Conclusion
Facebook/ Meta must inform its users comprehensively about the scope and purpose of the collection and processing of their personal data. This applies in particular if the user pays for the supposedly free services with their data. Violations of the GDPR constitute an infringement of fair trading law and can be prosecuted by consumer protection associations in civil courts.
We are happy to
advise you about
Data protection!
