The uncertainty about the GDPR sometimes causes strange “panic reactions” and sometimes blind activism.

The General Data Protection Regulation (GDPR) is currently on everyone's lips and is causing uncertainty among website operators, bloggers, photographers and of course also among operators of Facebook pages. What exactly needs to be done? Do I need a data protection officer? What kind of consent do I need to obtain from whom? Can I still take photos normally and publish these pictures? Questions upon questions and it feels like there are currently more GDPR experts than websites.

Although we cannot provide comprehensive legal advice at this point, this would not only go beyond the scope, but the type of measures to be taken also partly depends on the type of company or website. The full text of the GDPR can be found at dsgvo-gesetz.de .

What we can definitely say at this point is that a method of security that we have observed in some places on various Facebook pages is, on the one hand, useless and, on the other hand, factually incorrect.

Privacy Policy Generators

Just as helpful generators for legally compliant imprints can be found in some places on the internet, there are now generators for a GDPR-compliant data protection declaration.

After providing key data about the company, a text is then created that is intended to be embedded on the website . There, for example, reference is made to the use of analysis tools such as Piwik or Google Analytics, the use of social plugins for Facebook, Twitter & Co is discussed, etc.

Now such a text was posted on various Facebook pages as a post or note, whereupon users commented en masse with “Accepted!”

image

This makes no sense for several reasons:

  • Such a generated data protection declaration explicitly refers to your own website .
    As an operator, you are legally responsible, especially when it comes to technical implementation (SSL encryption, correct use of social plugins, etc.). On a Facebook page you are not in the role of the operator, so you are neither responsible for the technical implementation nor do you have any opportunity to influence it. Information about plugins used, such as Google Analytics, as can be read in these declarations, is purely factually incorrect. They also don't use Facebook plugins there, as we read further there. You are on Facebook . The Facebook terms and conditions apply there, which you accept when you register.
  • A text stored as a post or note has no legal effect. Nor are there any images with any legal or pseudo-legal formulations, similar to the well-known “I hereby object to the General Terms and Conditions…” posts that keep making the rounds. See also our article on this variant .
  • Comments under such a post are also legally meaningless and have no weight whatsoever.

Privacy policy for Facebook pages?

There is still a lot of legal uncertainty regarding the GDPR and its consequences. It is also not yet completely clear how it can affect Facebook usage behavior.

However, if you still want to include a kind of disclaimer on your Facebook page, it should at least be sensible and technically correct in terms of basic logic. The State Commissioner for Data Protection and Information Security of Rhineland-Palatinate, for example, recommends a text of this type .

However, this should not be published as a post or note, but should be constantly integrated via a side menu item via a Facebook page app, as explained here .

keep Calm

Generally speaking: Even if the GDPR comes into effect from May 25th. is applicable (the content has already been known for a good two years), the world will not end on that day. A wave of warnings is not to be expected, and no site operator will soon have to pay the often quoted €20 million fine that is causing panic in many places.

You can still take photos. The so-called freedom of panorama (§ 59 UrhG) remains in effect, so there is no total ban on photography in Europe . The GDPR is also subsidiary to the Art Copyright Act (KunstUrhG), so in principle nothing changes there:

The view that the Art Copyright Act will be replaced by the GDPR from May 25, 2018 is wrong. The Art Copyright Act is based on Article 85 Paragraph 1 of the GDPR, which gives Member States national leeway in balancing data protection and freedom of expression and information. The Art Copyright Act therefore does not contradict the GDPR, but rather fits into the GDPR system as part of the German adaptation legislation.

(Source: BMI: “What will change with the General Data Protection Regulation for photographers?” )

Author: Rüdiger, mimikama.org


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Notes:
1) This content reflects the current state of affairs at the time of publication. The reproduction of individual images, screenshots, embeds or video sequences serves to discuss the topic. 2) Individual contributions were created through the use of machine assistance and were carefully checked by the Mimikama editorial team before publication. ( Reason )