Firstly, the controller did not inform data subjects about the disclosure of personal data to external developers who could process personal data for their own purposes. The complaint filed by the Foundation detailed a number of ways through which Meta infringed its transparency obligations under the GDPR. Each of these issues, and the details of the claims made by the Foundation, will be discussed further below. Fourth, and finally, Meta did not obtain valid consent for the use of cookies, tracking of surfing behavior, and app use outside the Facebook service – for advertising purposes – in violation of the Article 11.7a of the Dutch Telecommunications Act. Thirdly, it was claimed that Meta unlawfully processed special categories of personal data (Article 9 GDPR). Secondly, the Foundation submitted that Meta processed personal data in lack of a legal basis in violation of Article 6 GDPR. Firstly, the claim submitted that Meta infringed their transparency obligations in Articles 5, 12, 13 and 14 GDPR by failing to sufficiently inform users of a number of processing operations. The complaint filed by the Foundation consists of four main issues. The three defendants in the lawsuit were three companies of the Meta group (Meta Platforms Inc Meta Platforms Ireland Limited and Facebook Netherlands BV). The complaint filed by the foundation was directed at unlawful personal data processing practices by Meta, through their Facebook service. This case concerns a class action filed by the Data Privacy Foundation, an organisations which pursues redress on behalf of victims of privacy intrusions in the Netherlands, against social media company Meta. 4 English Machine Translation of the DecisionĮnglish Summary Facts.Meta had no legal basis for the processing, it unlawfully processed special categories of data, and infringed its transparency obligations under the GDPR. Following a class action filed by the Data Privacy Foundation, an Amsterdam Court found that Meta violated the GDPR between 20 by processing personal data for advertising purposes.
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