Facebook: Orders from the Federal Cartel Office may be illegal!

Data protection versus competition law? The Federal Cartel Office suffered a defeat against Facebook at the Düsseldorf Higher Regional Court on August 26, 2019. For years, Facebook has used its market rights to collect and pool data. Facebook also used data from the subsidiaries Instagram and Whatsapp, among other things.

After a three-year review, the Federal Cartel Office imposed restrictions on Facebook's processing of data. Facebook filed a complaint against the restrictions and was granted a suspensive effect Düsseldorf Higher Regional Court

Reason:

“Even if the data processing in question violates data protection regulations, it does not constitute a violation of competition law.”

Facebook can therefore continue as before and does not have to implement the complaints of the Federal Cartel Office. However, the decision on the suspensive effect can be challenged with a legal appeal approved by the 1st Cartel Senate. The Federal Court of Justice will then have to decide on this.

Author: Kirsten Suckert
Source: Federal Cartel Office

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