must Who agree to be Facebook actively, that data from WhatsApp, Instagram and many other services and Websites, and his Account will be merged. The result, for example, personalized advertising. The Federal cartel office wants to restrict this practice, and refers in addition to competition law, also on the General data protection regulation (DSGVO).
Against a corresponding decree of February 2019 Facebook pulled in front of the higher regional court (OLG) Düsseldorf, the deferring the execution to the main procedure. The BGH has now decided to clear: Facebook is abusing its market power and overturned the appellate court decision.
What is criticized by the Federal cartel office?
Facebook lets its users have no choice: those Who want to be there, have to agree that the company collects data and leads. From the point of view of the antitrust guard, is not voluntary and thus not in the sense of the DGSVO, which requires explicit consent. Every Internet user knows that, if he is asked whether Cookies should be set. From the point of view of the Federal cartel office, miss Facebook needs its market power, because buyers can virtually Dodge not on Alternatives.
What is the Federal cartel office demands?
services like WhatsApp or Instagram are to be allowed to collect data. A mapping to user accounts in Facebook but only with the voluntary consent of the user is possible. The same shall apply to data from other sites.
“Facebook is no longer allowed to force its users to agree to a virtually limitless collection and mapping of Non-Facebook data to your user account”, said the President of the Federal cartel office, Andreas Mundt, 2019 at the disposal of his house. The combination of the data sources have contributed to the fact that Facebook was able to reach its market power.
What is the OLG so far?
In the main, has not taken the court yet. It is the suspensive effect of the Facebook had, however, arranged in a complaint. That is to say, first of all, Facebook was allowed to continue its business practices.
What are the issues the court looked at the decision of the cartel office?
The judge said ignorance of the terms and conditions of use, is not based on the market power of Facebook, but rather on indifference, or convenience of the users. And even if the defective data was a violation of the processing against the privacy rules is also a violation of the competition law.
on the basis that the Supreme court’s decision?
The cartel Senate has no doubt that Facebook needs its dominant position in the market by giving the users no freedom of choice about the use of their data. The BGH overturned the OLG decision. Thus, the cartel office may withdraw his full, for there is but a transitional period.
What are the consequences of the Supreme court decision?
A Facebook spokesman announced that the company will defend the proceedings on the merits of its Position that no cartel existed in the legal abuse. “There will be no immediate changes for the people or companies that use our products and services in Germany.”
The anti-trust law expert, Peter Stauber of of the law firm Noerr (Frankfurt am Main) in the ruling a precedent. The decision to lift the special responsibility of a market dominant platform operator, the this have for the remaining competition. Beyond the individual case, the decision for the whole of the digital economy relevant to be. “With the decision of the Federal court of justice has strengthened the Position of the Federal cartel office in a sustainable way.”
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