Court of Justice of the European Union: Facebook and administrators of pages on Facebook are joint controllers

In its recent decision, the Court of Justice of the European Union has concluded that the administrator of a Facebook Page is jointly responsible with Facebook for the data processing of people visiting the page.

This entails that the company or public body acting as administrator of the fan page and Facebook are to be regarded as joint controllers and jointly responsible for the processing of personal data of persons visiting the fan page and for determining in a transparent manner their respective responsibilities for compliance with the obligations under the applicable data protection laws.

The argument behind the decision is is that the administrator takes part in the determination of the purposes and means of processing of the personal data of the visitors on the page, for example, when the administrator determines and allows the social media platform to collect information which is attributable to an identifiable natural person by the social media platform.

“Many organisations use social media platforms in their external communication with customers. By clarifying the roles held by the parties involved, the decision provides useful guidance as to the relevant obligations under the General Data Protection Regulation the organisations must observe when they use social media.” says Niels Dahl-Nielsen.

The judgement states which countries data protection authorities, that are competent to make dicisions regarding compliance with privacy laws, when data processing takes place in the individual countries.

It must be stated that the judgement has been sentenced on the basis of an interpretation of the Personal Data Directive and not the GDPR. However, it must be assumed that a judgement sentenced on the basis of an interpretation of the GDPR, regarding the same issue, will turn out similar.

The judgement is available here.

For more information, please contact Niels Dahl-Nielsen at niels.dahl-nielsen@synchlaw.dk. +45 4030 9749.

News and Insights
News

Synch is a part of the International Law network Legus Law – This year the conference is held in Copenhagen

23 hours ago

Synch in Copenhagen is a part of the International Law Network Legus Law. Legus Law is an international network of high quality law firms located around the world. 

Press release

Synch assisted Peter Gyllenhammar AB in acquisition of Teknikmagasinet

June 19, 2018

Teknikmagasinet’s first store was opened in 1989. Today the Company has over 130 stores in Sweden, Norway and Finland as well as a web store.

News

Synch’s Sara Sparring is IP STAR and the IP team is recommended by Managing Intellectual Property 2018

June 19, 2018

From the left; Sara Sparring, David Leffler, Erica Antonovic and Mårten Lindberg.

Press release

Synch has assisted Swedish Astma- och Allergiförbundet with registration of a Nordic trademark

June 15, 2018

In 2017 it was decided to create and implement a unified Nordic trademark licensing logotype and system to be used by all three foundations and now it’s a registered EU-trademark. 

News

Synch is proud to have two leading individuals in IAM Patent 1000 2018

June 12, 2018

The IAM Patent 1000: The World’s Leading Patent Professionals 2018 delivers the most in-depth coverage of the market, pinpointing the best of the best.

Press release

Synch Stockholm continues to grow – 3 new lawyers joins the team!

June 12, 2018

From the left Dena Dervanovic, Kian Kiani och Nicklas Bexelius.