27.8.2019 15:53:04

ECJ: Website operators could face legal risk over Facebook's ubiquitous "Like" button

The European Court of Justice (ECJ) ruled that website operators, along with Facebook Ireland, may be responsible for collecting and sharing their users' personal data. The Facebook plugin embedded on the website upon loading the webpage transmits to Facebook some personal information of the users of the website (such as their IP addresses) without their knowledge and regardless of whether they are also its users. According to the ECJ, the operator can therefore be regarded, together with Facebook, as a controller within the meaning of Directive 94/46 for the purposes of collecting and transmitting the data in question and should obtain prior consent from their users to such processing. This judgment was delivered in a preliminary ruling and is thus binding for other national courts dealing with a similar problem. It is expected that the conclusions set out therein can also be applied under the GDPR.

(Decision of the Court of Justice from 29 July 2019. Case C-40/17)