EU Court Holds Websites Responsible for GDPR Compliance with User Content
The Court of Justice of the European Union (CJEU) recently adopted the decision clarifying the responsibilities of website operators concerning user-generated content and anonymous users under the General Data Protection Regulation (GDPR). The ruling emphasizes that websites hosting content created by users must actively ensure compliance with data protection rules. This includes managing personal data and preventing privacy infringements, even when users post anonymously.
According to the CJEU, website operators cannot avoid liability by claiming they are mere intermediaries. Instead, they are required to implement effective measures to monitor and control the processing of personal data on their platforms. This ensures that users’ privacy rights are respected and that websites do not become a source of unlawful data processing or privacy harm.
The judgment further highlights the importance of transparency and accountability in data processing activities. Website operators must provide clear information about data collection, usage, and storage practices. They should also facilitate user rights, such as access, rectification, and deletion of personal data, regardless of whether the users are anonymous or identified.
This decision reinforces the EU’s strict approach to data protection and sets a precedent for digital platforms. Website operators must now carefully review their data management policies and technical safeguards to comply with the GDPR. Failure to do so could result in significant fines, which can reach up to 20 million euros or 4% of the annual global turnover, whichever is higher.
Read more detailed review of CJEU judgement here and here.
