Companies using Facebook ‘Like’ button liable for data: EU court

BRUSSELS (Reuters) – Companies that embed Facebook’s “Like” button on their web sites should search customers’ consent to switch their private information to the U.S. social community, in step with the bloc’s information privateness legal guidelines, Europe’s high court mentioned on Monday.

Website plugins similar to Facebook’s “Like” button are a typical function of on-line retail as firms search to advertise their merchandise on in style social networks, however critics worry the information switch could breach privateness legal guidelines.

The ruling from the Luxembourg-based Court of Justice of the European Union (ECJ) got here after a German shopper physique sued German on-line trend retailer Fashion ID for breaching private information safety guidelines through its use of the button on its web site.

A German court subsequently sought steering. ECJ judges mentioned web sites and Facebook share joint accountability.

Under landmark EU information privateness guidelines adopted final yr, an information controller determines why private information should be collected and processed and likewise safe consent from customers. A knowledge processor solely processes private information on behalf of the controller and is often a third-party firm.

“The operator of a website that features a Facebook ‘Like’ button can be a controller jointly with Facebook in respect of the collection and transmission to Facebook of the personal data of visitors to its website,” the judges mentioned.

The German retailer benefited from a business benefit because the ‘Like’ button made its merchandise extra seen on Facebook, the court mentioned, although it famous the corporate just isn’t liable for how Facebook subsequently processes the information.

Facebook mentioned the ruling sheds readability on web site plugins, calling them an vital function of the Internet.

SOCIAL PLUGINS

“We are carefully reviewing the court’s decision and will work closely with our partners to ensure they can continue to benefit from our social plugins and other business tools in full compliance with the law,” Jack Gilbert, Facebook’s affiliate basic counsel, mentioned in a press release.

Verbraucherzentrale NRW, the German shopper safety group which took Fashion ID to court, welcomed the ruling. “Companies that profit from user data must now live up to their responsibility,” its head Wolfgang Schuldzinski mentioned.

Germany’s foremost know-how business affiliation Bitkom nevertheless lamented the burden positioned on web site operators.

“The European court is imposing an enormous responsibility on thousands of website operators – from the small travel blog to the online megastore, as well as the portals of major publishers,” mentioned Bitkom head Bernhard Rohleder.

He mentioned the ruling wouldn’t solely have an effect on web sites with an embedded Facebook “Like” button, however all social media plugins, forcing their operators to succeed in information agreements or face legal responsibility for amassing the information of…