ARTICLE
12 March 2020

CJEU "Fashion ID" Case: The Operator Of A Website Embedding A Social Media "Like" Button Can Be A Controller Jointly With The Social Media Editor

EH
ELVINGER HOSS PRUSSEN, société anonyme
Contributor
Independent in structure and spirit, Elvinger Hoss Prussen guides clients on their most critical Luxembourg legal matters. Committed to excellence and creativity in legal practice, our firm delivers the best possible advice for businesses, institutions and entrepreneurs, playing a unique role in the development of Luxembourg as a financial centre.
On 29 July 2019, the Court of Justice of the European Union ("CJEU") rendered its judgment in the "Fashion ID" case (C-40/17).
European Union Media, Telecoms, IT, Entertainment
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On 29 July 2019, the Court of Justice of the European Union ("CJEU") rendered its judgment in the "Fashion ID" case (C-40/17).

The CJEU retained a broad concept on joint-controllership with regard to the processing of personal data due to the use of social media tools like certain embedded buttons. According to the CJEU, a website operator using such embedded features can be seen as acting as controller, jointly with the social media editor (i.e. Facebook), as these buttons permit the transmission of personal data (such as IP addresses) to the social media editor.

This decision shall be read in conjunction with previous decisions rendered by the CJEU in 2018, in particular one where an administrator of a Facebook page was considered as a joint-controller with Facebook (case C-210/16).

You may wish to read our full article regarding this case here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
12 March 2020

CJEU "Fashion ID" Case: The Operator Of A Website Embedding A Social Media "Like" Button Can Be A Controller Jointly With The Social Media Editor

European Union Media, Telecoms, IT, Entertainment
Contributor
Independent in structure and spirit, Elvinger Hoss Prussen guides clients on their most critical Luxembourg legal matters. Committed to excellence and creativity in legal practice, our firm delivers the best possible advice for businesses, institutions and entrepreneurs, playing a unique role in the development of Luxembourg as a financial centre.
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