EU Court of Justice ruling may spell the death of social like and share buttons(zdnet.com)
zdnet.com
EU Court of Justice ruling may spell the death of social like and share buttons
https://www.zdnet.com/article/eu-court-of-justice-ruling-may-spell-the-death-of-social-like-share-buttons/
8 comments
This article doesn't really do any more than - badly - regurgitate the CJEU press release.[0]
I'm guessing because they wanted to get something out before the official English-language translation of the judgment has been published.
FWIW, the CJEU's judgment is binding.[1] It's the highest court in the EU and has the final say on how to interpret EU law.
[0] https://curia.europa.eu/jcms/upload/docs/application/pdf/201...
[1] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM... - "Preliminary rulings are binding both on the referring court and on all courts in EU countries."
I'm guessing because they wanted to get something out before the official English-language translation of the judgment has been published.
FWIW, the CJEU's judgment is binding.[1] It's the highest court in the EU and has the final say on how to interpret EU law.
[0] https://curia.europa.eu/jcms/upload/docs/application/pdf/201...
[1] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM... - "Preliminary rulings are binding both on the referring court and on all courts in EU countries."
> Online websites that embed a Facebook Like button are responsible for the data they send to Facebook and liable for the same penalties under EU data protection laws, the Court of Justice of the European Union (ECJ) said in an opinion published today.
While I won't miss social share buttons I don't agree with this heavy handed opinion. Facebook should responsible for the data they collect – not websites which use their widget. Safe harbor laws need to be strengthened.
While I won't miss social share buttons I don't agree with this heavy handed opinion. Facebook should responsible for the data they collect – not websites which use their widget. Safe harbor laws need to be strengthened.
The website operator is deciding what data is sent to Facebook my implementing the button.
How are they not a (joint) data controller in that respect?
BTW, the article didn't actually spell this out, but the website operator's "responsibility is, however, limited to the operation or the set of personal data processing operations for which it actually determines the purposes and means, namely the collection and communication by transmission of the data in question." (translated using Google Translate from the French-language version of the judgment)
How are they not a (joint) data controller in that respect?
BTW, the article didn't actually spell this out, but the website operator's "responsibility is, however, limited to the operation or the set of personal data processing operations for which it actually determines the purposes and means, namely the collection and communication by transmission of the data in question." (translated using Google Translate from the French-language version of the judgment)
>>Facebook should responsible for the data they collect – not websites which use their widget. Safe harbor laws need to be strengthened.
In another POV: you are sending users and their data to FB by them using the share button you added to your site. YOU. The fact that FB is doing the same in violating the laws is separate. Now FB will create a new button
From the press release: The consequence of embedding that button appears to be that when a visitor consults the website of Fashion ID, that visitor’s personal data are transmitted to Facebook Ireland. It seems that that transmission occurs without that visitor being aware of it and regardless of whether or not he or she is a member of the social network Facebook or has clicked on the ‘Like’ button.
In another POV: you are sending users and their data to FB by them using the share button you added to your site. YOU. The fact that FB is doing the same in violating the laws is separate. Now FB will create a new button
From the press release: The consequence of embedding that button appears to be that when a visitor consults the website of Fashion ID, that visitor’s personal data are transmitted to Facebook Ireland. It seems that that transmission occurs without that visitor being aware of it and regardless of whether or not he or she is a member of the social network Facebook or has clicked on the ‘Like’ button.
I'm not convinced about the editorialized "may spell the death". It just means that if Facebook wants their Like buttons to be used by companies serving the EU, they will need to take steps that those companies are confident that they obey the law. Assuming that Facebook benefit from the arrangement, why wouldn't they do this?
fyi: while the English translation is not available yet, you can find other languages you might be familiar with at [1], or browse through the crude Google translation from French at [2].
[1] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62...
[2] https://translate.google.com/translate?hl=en&sl=fr&tl=en&u=h...
[1] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62...
[2] https://translate.google.com/translate?hl=en&sl=fr&tl=en&u=h...
Follow this link, and then like us.
Good.
What about Facebook Pixel?
That would be a relief.