C002 Meta Ireland Limited
Case project
Forced Consent & Consent BypassFiling DPA
DSB (Austria)LSA
DPC (Ireland)Controller
Meta Ireland LimitedCase status
Pending (4 years and more)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
Protocol
| Date | Summary |
|---|---|
| 18.04.2023 | Letter to DSB expanding the scope to any element of Article 6 |
| 07.04.2023 | Application to EU Court over EDPB decision on access to the file |
| 07.03.2023 | Phone Call with BVwG our email re the oral hearing was received, judge will send his reply soon |
| 19.01.2023 | 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. |
| 06.09.2022 | Letter to EDPB on Access to Files |