ECJ ruling on Facebook pages explained

Please note that this is an editorial contribution and not legal advice.‍For further information, please visit the ECJ website (https://curia.europa.eu/jcms/jcms/j_6/de/).

The excitement surrounding the EU's new General Data Protection Regulation of May 25, 2018 is still great. Uncertainty among small and medium-sized enterprises persists. Or rather, following the ECJ ruling on Facebook, it has turned into panic and many operators of Facebook fan pages are now afraid of ads. In this article, we will tell you the reasons for the verdict, why the panic is unfounded and what the alternatives to Facebook are:

What does the ECJ ruling on Facebook really mean?

It all began with the fact that the Independent State Center for Data Protection Schleswig-Holstein (ULD) banned the Schleswig-Holstein Business Academy from operating its Facebook page. Basically, it is a question of whether Facebook alone is responsible for the tracking functions under data protection law or even the operators of Facebook pages. This includes both private fan pages and brand pages on Facebook.

In their verdict, the German courts always saw Facebook as the sole responsible party. However, when the lawsuit went before the European Court of Justice, the latter decided otherwise: Operators of Facebook pages have a share of responsibility when it comes to data protection. In the following, panic broke out among the site operators. But it's not quite that bad...

Who is responsible?

We can alleviate your anxiety: it is not yet time for you to have to turn off your Facebook page. Expert Carmen Brablec emphasizes in interview with the “sales management” that the responsibility of operators can only be interpreted discretionary. After all, operators currently have no influence on what happens with the data that Facebook collects. In addition, you have no influence or control rights over the data.

The ECJ also adds to the ruling: “that the American company Facebook and... its Irish subsidiary Facebook Ireland are to be regarded as “responsible for processing” the personal data... “responsible”. ” In addition, the Court points out that data protection lawyers could also have appealed directly against Facebook. Here You can find the ECJ press release.

What should I do with my Facebook page now?

If you want to be 110% sure, you have no choice but to shut down the site. However, many experts advise you to wait and see for now, as nothing has been finally decided yet. The Facebook page is the most important way of online marketing for many companies. A renunciation in today's digital world would therefore be fatal for many companies.

Nevertheless, following the ECJ ruling on Facebook, it doesn't hurt to look for other online marketing options. Of course, attention must also be paid to GDPR compliance here. In addition to guest WiFi login via Facebook, Socialwave also offers email and WhatsApp login on. You can do targeted marketing via email. Thanks to the legal protection of Socialwave's guest WiFi hotspot, sending emails is compliant with the GDPR. So you don't have to worry at all here. WhatsApp allows you to reach your customers even better and the opening rate is higher because it is a messenger.

Conclusion:

First, it's time to wait — it would make the most sense for Facebook to react and provide better information about the use of the data and choose methods that comply with data protection regulations. The next steps in the Schleswig-Holstein case will be decided in the near future. If you have any questions about the Socialwave login methods or are interested in our GDPR-compliant WiFi solution, we look forward to your call or message.

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