German court rules that Facebook like button is breaking the law
Facebook ‘like’ buttons on commercial websites break German
law if users are not warned that their personal data is being shared, a
court ruled on Wednesday. This ruling issued by Dusseldorf district
court may come as a dampener for Facebook which has just launched its
reaction buttons instead of Likes.
The ruling came in the matter of a shopping website using
the Facebook Like button on its website. The court banned has banned it
from using the Like function on its pages if it did not first warn
customers their data was being recorded. The retailer will now be forced
to warn users that ‘liking’ the site on Facebook grants permission for
the company to log their IP address.
The Fashion ID site, run by the Peek & Cloppenburg
brand, was warned that it could be fined 250,000 euros ($275,000) for
every breach of the order, seen by AFP.
However, the ruling may have a far reaching impact on the
way Facebook Likes are incorporated by websites operating in Germany. “A
mere link to a data protection statement at the foot of the website
does not constitute an indication that data are being or are about to be
processed,” the court said. The ruling may have implications in other
European countries as well.
Fashion ID was taken to court by consumer organization
Verbraucherzentrale who accused the site of failing to adhere to
Germany’s data protection laws.
A Facebook spokesman responded to Wednesday’s ruling, “This
case is specific to a particular website and the way they have sought
consent from their users in the past. The ‘Like’ button, like many other
features that are used to enhance websites, is an accepted, legal and
important part of the Internet, and this ruling does not change that.”
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