The dispute around the use of data: the Showdown between the cartel office and Facebook

In Karlsruhe argue on the Dienstagdas Federal cartel office and the company on data protection and competition law. It's going to be a right of appeal to the F

The dispute around the use of data: the Showdown between the cartel office and Facebook

In Karlsruhe argue on the Dienstagdas Federal cartel office and the company on data protection and competition law. It's going to be a right of appeal to the Federal cartel office against a decision of the higher regional court (OLG) Düsseldorf in this case.The appeal court judges have taken in the dispute, although no final decision. Facebook but does not have to implement for the duration of the procedure, the order of the Federal cartel office.

The had has in February 2019, that Facebook data from services such as WhatsApp or Instagram, and other Websites may only assign user accounts, if the voluntary consent of the user is present. Previously, Facebook required a package approval, so the Social network can be used.

alleged boundless data collection

The German cartel office alleges that Facebook, among other things, of using his dominant position for illegal contract terms for users to abuse and to distort competition. Authorities President Andreas Mundt told the "Bayerischer Rundfunk", Facebook force its users a "boundless collection of data" to approve. Facebook is not safe, therefore, only data on his social network, but also about the belonging to the group companies WhatsApp and Instagram, as well as other websites. Mundt called for a, "internal unbundling of the company". Therefore, Facebook will gather the data, but no longer as in the past, may bundle.

The OLG but has problems with the reasoning of the Federal cartel office. A damage Competition, and competition fails to development due to the claimed data processing by Facebook, the judges do not see. Even if the defective data was a violation of the processing against the privacy rules is also a violation of the competition law, you will be convinced. Ignorance of the terms and conditions of use, is not based on the market power of Facebook, but on indifference, or convenience of the users.

Updated Date: 23 June 2020, 06:19

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