“Fashion ID“: ECJ opens door for class action against Facebook

Abstract

The ECJ held a website embedding Facebooks “Like“ button is required to inform its users and to ask for their consent. Without users consent the transfer of personal data from the website (“Fashion ID“) to Facebook is not admissable.1 An additional key finding for Facebook is that the data collection with the “Like“ button was illegal and Facebook is required to erase the respective data promptly. The ECJ did not explicitly mention this aspect due to the judgement that laid emphasis on the obligations of “Fashion ID“. But this consequence derives directly from the ratio of European data protection law. Finally, the ECJ confirmed that the consumers agencies can be granted additional rights to protect the users interest against the controller in national law. Therefore, the consumers agencies have the right to file a lawsuit against Facebook with the German version of class action (“Musterfeststellungsklage“), which was implemented November 2018.2