German court says Facebook fanpage owner not responsible for cookies on webpage
The Cologne Administrative Court has issued a partial ruling in the case involving the Federal Press Office (BPA), Meta Platforms Ireland Ltd. (Meta), and the Federal Ministry of Information and Communications (BfDI) concerning the lawful operation of the German Federal Government’s Facebook fan page. The court overturned a 2023 decision by the Federal Office for Data Protection (BfDI) that had prohibited the page’s operation due to data protection concerns, specifically related to user consent for certain cookies. Meta’s claims were largely dismissed by the court on three out of four points.
The case centers on the interpretation of data protection responsibilities between social media platforms and page operators, following key rulings by the European Court of Justice (ECJ). These rulings establish that both Facebook and fan page operators share responsibility for compliance with data protection laws. The court needed to determine if this shared responsibility applied between Meta and the BPA in this instance. The decision reflects ongoing legal challenges in applying GDPR rules to social media use by public authorities.
Prof. Dr. Indra Spiecker, representing the BfDI, emphasized the importance of ensuring citizens have lawful access to information from public bodies on social media. Despite the mixed outcome, the ruling represents progress in clarifying legal requirements. The BfDI is now considering whether to appeal the decision to the Higher Administrative Court of Münster to seek further clarification.
Many German authorities have awaited this ruling to adjust their social media strategies in line with data protection laws. Similar legal proceedings are ongoing in other German states and European countries, highlighting the broader challenge of GDPR compliance in digital public communication. The BfDI’s next steps will be closely followed by public institutions and legal experts alike.
