C002 Meta Ireland Limited

Forced Consent & Consent Bypass

Filing DPA

DSB (Austria)


Meta Ireland Limited

Case status

Pending (4 years and more)
Filed: (5 years 8 months ago)

The complaint is one of four complaints on "forced consent" (see C001 to C004) which were filed on Max 25th, 2018. The issue is that the user is forced to consent to the processing of their personal data to use the service. Therefore, such consent cannot be considered as free which is a condition under the GDPR. Facebook demanded users to agree to a new set of privacy policy and terms on 25.5.2018, when the GDPR kicked in.

Facebook in return argued, that all this processing is to be seen as based on a "contract" under Article 6(1)(b) as they describe the processing in an additional introduction that was added to the terms.

ATTENTION: This case is not fully documented in the system


Date Summary
Appeal to Austrian administrative supreme court (VwGH)

noyb filed an appeal to the Austrian administrative supreme court (VwGH) against the decision of the federal administrative court (BVwG)

phone call with DSB

we asked DSB if there are any new developments. Especially regarding the implementation of measures by the controller after the DPC decision.

BVwG decision regarding 2nd appeal

BVwG does not consider notification by DSB (together with DPC and EDPB decision) as a decision (Bescheid) by the DSB.

Letter to DSB expanding the scope to any element of Article 6
Phone Call with BVwG

our email re the oral hearing was received, judge will send his reply soon

Phone call with BVwG on status of open appeal

BVwG received our appeal on 10.07.2020, also received our additional submission of 27.01.2021

In Summer 2021, DSB sent a submission. We have not been served with that yet.

On 18.01.2023, DSB informed BVwG on DPC's decision.

BVwG will sent us both submissions by DSB.

Letter to EDPB on Access to Files