On Easter weekend 2021, many Facebook users were surprised by worrying news: millions of highly sensitive data from Facebook users had appeared in a hacker forum. (We reported HERE )
The law firm WILDE BEUGER SOLMECKE represents over 9,000 users against Facebook because the company should have prevented this data leak. Now the LG Zwickau has become the first court in Germany to fully confirm our opinion and awarded one of the victims €1,000 in damages.
This shows that those affected are entitled to compensation!
The Cologne lawyer Christian Solmecke, who is conducting the proceedings here together with his colleague Jeremy Gartner, explains:
Christian Solmecke: “For the 6 million Germans affected, the data breach represents a particularly great danger that has very concrete effects: Many Facebook users have been complaining about an increase in spam calls and messages since 2019. Due to the abundance of sensitive user data captured, perpetrators can send deceptively real-looking SMS and emails, which can cause great damage.”
WBS seeks compensation for clients
Christian Solmecke: “This damage can no longer be reversed, but it can at least be compensated for - by Facebook itself. We have since accepted over 9,000 mandates in order to obtain fair 'immaterial' damages for those affected in accordance with Article 82 of the General Data Protection Regulation (GDPR) - a kind of compensation. In our opinion, Facebook violated the GDPR several times in the course of this 'data leak'. For this purpose, we as a law firm also obtained a comprehensive expert IT report on the scandal. The result: Facebook's own failures in particular led to the leak.
Now the first extremely important judgment was handed down, in which one of our clients was awarded the €1,000 in damages we demanded. The default judgment of the Zwickau Regional Court (LG) confirms our legal opinion in its entirety (judgment of September 14, 2022, case number 7 O 334/22). A sensational success for those injured and a bitter defeat for Facebook because the verdict deprives Facebook of its two main arguments.”
What is a “default judgment”?
Christian Solmecke: “On the one hand, the court can issue a default judgment if the opponent fails to attend the appointment despite being properly summoned and the plaintiff requests it. In addition - and this was the case here - such a default judgment can be issued in the written preliminary proceedings before the oral hearing if the defendant does not indicate in a timely manner that he wants to defend himself against the lawsuit.
The court then checks whether the lawsuit is legally coherent. To do this, it first assumes that all the facts presented in the lawsuit are correct. It then checks whether the legal arguments in the lawsuit also lead to the plaintiff being proven right. If so, a default judgment will be entered.”
You can download the judgment here: Download now
What does the default judgment against Facebook mean for the success of our lawsuit?
Christian Solmecke: “In our case, this verdict is a success for our clients across the board. Facebook repeatedly portrayed our lawsuit as inconclusive. In the response to the lawsuit, the opposing side primarily attacked our legal opinion and denied that the data leak gave rise to claims for those affected. In particular, she was of the opinion that there was no data breach because the data was already public. In addition, Facebook has always denied that the legal requirements for non-material damages were met. However, the LG Zwickau has now completely removed the basis for these arguments.
The court fully follows our legal argument on 31 pages. According to the court, Facebook's misconduct violated data protection law on several occasions. In particular, the personal data of Facebook users was not adequately protected. The court writes clearly: 'Contrary to what the defendant claims in its pre-trial response letters, the stolen data is not just data that is already publicly visible.' Facebook should also have taken measures against the data leak. The court also says that the violation of the GDPR already gives rise to a claim for non-material damages in accordance with Article 82 (1) GDPR. That's why our client is entitled to the €1,000 in damages we demanded, which the court described as 'appropriate'. Facebook must bear all legal costs.”
What's next?
Christian Solmecke: “The default judgment could now be enforced immediately. However, the defendant has the opportunity to appeal against this judgment within two weeks of delivery. Now Facebook has to act first, otherwise the decision will become legally binding. In this respect, such a judgment is of course only a partial success, but the Zwickau Regional Court's legal assessments of previously unresolved legal questions can be viewed as more than positive.
What to do now:
On our website ( wbs.law/facebook-datenleak ), Facebook users can first check without obligation whether they are affected. Christian Solmecke also explains in his current YouTube video what the verdict now means for those affected:
You can also request this information from Facebook itself on the basis of Art. 15 GDPR. If Facebook does not provide any information or provides incomplete information, this may result in a claim for non-material damages.
Regardless of this, everyone actually affected is entitled to compensation. The chances of winning against Facebook in court have increased significantly with this default judgment. We assume that other courts before which we have filed a lawsuit will follow the Zwickau Regional Court's line and also remove the basis for Facebook's argument.
Users can check whether they have been affected by the data leak here: wbs.law/facebook-datenleak
Here are the links bundled together again for you to get an overview:
To our blog post: wbs.law/facebook-artikel
To our YouTube video: wbs.law/facebook-video
To our original sounds: wbs.law/facebook-o-toene
For the verdict: wbs.law/facebook-dasjudgment
Source: LifePR
Also read: Account hacked – what now?
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