Tick-tock-tick-tock! The time has come. On May 25, 2018, the GDPR comes into force and Facebook group administrators present Facebook users with self-invented status messages that they are supposed to confirm in the comments. But that's kind of superfluous.

Note: 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 depends on the type of company or website. The full text of the GDPR can be found at dsgvo-gesetz.de .

But we can say quite clearly: these “disclaimers” that are currently being posted by many group owners and site operators have no effect whatsoever.

A new data protection regulation will come into force on May 25, 2018.

For example, this is the following status post, which appears again and again in various Facebook groups:

Attention admin post:
ATTENTION PLEASE READ:
A new data protection regulation will come into force on May 25, 2018.
Please confirm with us briefly, read and accept, that your pictures, postings and everything you ask, show and write here in the group can be saved.
You ensure that you only upload your own photos and that you
agree to be tagged and mentioned by name in postings.
The General Data Protection Regulation (GDPR), which comes into force on May 25, 2018, ensures uniform data protection legislation throughout the European Union .
It applies to everyone who processes the personal data of natural persons from the EU, regardless of their location. The term “processing” is very broad and refers to all aspects related to personal data, such as the handling and management of data, including the collection, storage, use and destruction of that data. If you do not accept this, please delete your postings yourself and leave our group!
From now on this is also part of the rules in the fixed post!

Please accept this with:
Read and accepted
as a comment under the post by May 25th, 2018
We ourselves do not store any member data!
And we assume no liability whatsoever!

Reason!

On a Facebook page or group you are not in the role of operator , so you are neither responsible for the technical implementation nor do you have any opportunity to influence it.

But the kicker comes with this type of posting: Dear friends, this has nothing to do with the GDPR.

Copyright / right of use

Basically, after seven years of Mimikama, it should be sad that the people posting here, as well as the people commenting on it, have obviously NOT dealt with copyright, personal rights and usage rights on Facebook the entire time . So once again, anyone who posts images and texts with a certain creative value has always had to respect copyright law!

Copyright protects the content that you create yourself. The creator of a work is called the author. The legal basis is the copyright law. So if you publish or send content, whether images, videos or texts, you must be clear that it is always subject to copyright. Only authors have the opportunity to decide for themselves about the use of the works they create . You have the right to determine whether and to what extent your work is reproduced, published or edited. By the way, you automatically have copyright when you create a work - no necessary! It is also very important to know that you cannot lose or give away a copyright (this is where many people confuse copyright and usage rights).

 

There are various laws that protect you and your content. At the same time, you also have to comply with these laws because they also protect others. For example, you have the right to your own image, which means that other people are not allowed to publish images of you against your will. The “right to one’s own image” protects a person depicted from the unwanted publication of a detrimental photograph. Photos, videos and/or accompanying texts that “expose” or “degrade” those depicted may not be published. It is therefore best to always ask in advance whether you can publish a photo that shows another person.

It gets even better!

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. Even better is the request to acknowledge the content with a “thumbs up”. Seriously: Do you also sign “thumbs up” on forms?

image

Ergo:

These group postings have nothing to do with the GDPR, have no legal validity and their content mainly relates to copyright or personal rights. Nobody is obliged to post something like this or even to agree to the posting with a comment .

Facebook won't remove you from the group if you don't post this nonsense!

Privacy policy for Facebook pages? Possible!

As you can see, there is 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 .


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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 )