German court stops Facebook's data collection mania.

Facebook must stop data collection

The decision by Germany’s top court will strengthen European governments to challenge large tech companies for collecting vast amounts of user data for their own profits. Given the dominance of such companies, this does not only violate antitrust laws, but also stands in conflict with citizen’s privacy rights.

When using Facebook, anyone must agree to the use of their data. However, Facebook does not only collect data in Facebook, but also in WhatsApp, Instagram, and on third-party sites and apps that come with integrated like-buttons.

And while WhatsApp messages are encrypted, we must remember that this does not stop Facebook to collect all kinds of metadata when using their messaging service.

Users must have a choice

The German Cartel Office put a stop to this practice in February 2019. “In the future Facebook may no longer force its users to agree to a de facto unlimited collection and allocation of non-Facebook data to their user account”, argued the Cartel Office. Instead, users would have to actively agree to Facebook merging their data with information on other sites. The company had to give the users a choice.

This was a direct attack on Facebook’s business model, which relies on unlimited data collection. So Facebook appealed against the prohibition.

The Federal Court of Justice (BGH) now declined an appeal by Facebook, following the arguments stated by the German Cartel Office. Facebook must give users the choice to opt out of unlimited data collection across services and websites.

Major victory

This ruling is a major victory for everyone demanding stronger regulations of large tech companies.

By combining data Facebook collected about users across its different platforms and third-party apps, it exploits its dominant position for maintaining its dominance and for making profits. The court ruled that in doing so Facebook is violating antitrust laws. The unlimited data collection must stop.

”There are neither serious doubts about Facebook’s dominant position in the German market for social networks nor that Facebook is abusing this dominant position with its terms of use, which were prohibited by the German Cartel Office,” said Chairman Peter Meier-Beck when explaining the reasons for the ruling.

The antitrust case against Facebook

The Federal Cartel Office had already prohibited Facebook in February 2019 from merging user data from different sources into one profile without explicit consent. This applies to data collected by the company’s own services such as WhatsApp or Instagram, but also to information from third party websites. The Cartel Office demanded that a voluntary consent of the users is required in each case. Up to now, this merging of data has been carried out solely on the basis of the terms of use to which Facebook users must agree if they want to use the service.

Facebook filed an appeal against the prohibition of the Cartel Office at the Higher Regional Court in Düsseldorf, but it has not yet ruled on the matter. However, the Düsseldorf court ordered that the prohibition of the Federal Cartel Office must not be enforced for the time being. The Federal Cartel Office then took the matter to the Federal Supreme Court.

Facebook wants to keep collecting data

The Federal Court of Justice has now reversed the decision made in Düsseldorf. “Facebook must give its users the opportunity to reveal less of themselves,” said judge Peter Meier-Beck. A company with such a dominant market position as Facebook also has a “special responsibility” for the competition.

Facebook plans to continue its data collection. However, it must obey to the court’s ruling until a final decision has been made. “We will continue to defend our position that there is no antitrust abuse,” a Facebook spokesperson said.

The persistency of Facebook in this matter shows that Facebook will never respect people’s right to privacy even when trying to market themselves as the new defenders of privacy.

Federal Cartel Office welcomes decision

The Federal Cartel Office, on the other hand, was pleased with the decision of the Federal Court of Justice. If data were collected and used unlawfully, it must be possible to intervene under cartel law “to prevent the abuse of market power”, explained Andreas Mundt, President of the Federal Cartel Office.

German Facebook users can now hope that their data is not being collected across services for profile creation and for posting targeted advertisements.

However, this ruling only applies to the German market so anyone outside of Germany still has no option to stop the unlimited data collection of Facebook. As much as we are disgusted by Facebook’s practices, we must remember that Facebook works as it is supposed to work.

The best way - whether you are in Germany or elsewhere - to stop data collection is to stop using and feeding services that abuse your private data. This way you can also help break the unchecked power of Google. Check out these alternatives to leave Facebook and Google behind.