Schrems vs. Facebook: Dispute over advertising consent could soon end up before the ECJ
Max Schrems’ legal dispute with Facebook is entering the next round. The data protection activist has called the Supreme Court (OGH) and hopes that it will submit the questions he raised about data processing by Facebook to the European Court of Justice. The social media group thinks that users conclude a “contract” because they receive personalized advertising. That is why the General Data Protection Regulation (GDPR) is only applicable to a limited extent.
Schrems is convinced that the online giant violates the EU’s General Data Protection Regulation (GDPR) when handling its users’ data. However, the two Austrian courts involved in the matter up to now saw it differently. The civil regional court ruled in the summer that the data processing was in conformity with the contract and the law. The OLG also shared this view.
Now the case, which has already been pending in court since 2014 and which has landed before the Supreme Court twice without a result due to ambiguities about jurisdiction, is again at the local highest court.
