The German Competition Authority finds that the data gathering practices of a social network are an abuse of its dominant position, and orders amendments in its data processing policy (Facebook)

On 6 February 2019, the German Federal Cartel Office (“FCO”) concluded administrative proceedings concerning the data gathering practices of Facebook Inc., Facebook Ireland and Facebook Germany (together “Facebook”). The FCO found that Facebook abused its dominant position by making the private use of the Facebook social network (“Facebook.com”) by users residing in Germany contingent upon the processing of user and device-related data obtained from third-party apps (and those owned by Facebook), and by attributing that information to Facebook.com user accounts without the users’ consent. The FCO found that Facebook used exploitative business terms which both violate the EU General Data Protection Regulation (“GDPR”) and constitute an abuse of a dominant position. The FCO prohibited the

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  • Van Bael & Bellis (Brussels)

Quotation

Tim Kasten, The German Competition Authority finds that the data gathering practices of a social network are an abuse of its dominant position, and orders amendments in its data processing policy (Facebook), 7 February 2019, e-Competitions Remedies for unilateral conduct, Art. N° 89610

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