European Union:
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
12 March 2020
ELVINGER HOSS PRUSSEN, société anonyme
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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.
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