01 November 2021
Why are you on Facebook?
In a recent draft decision of the Irish Data Protection Commissioner to other European Data Protection Authorities, the Irish Commissioner addressed whether or not Facebook could rely on the contractual legal basis for certain purposes of its personal data processing, including for behavioral advertising. According to the Commissioner, “a reasonable user would be well-informed […] that [personalized advertising] is the very nature of the service being offered by Facebook and contained within the contract”. Based on this interpretation, it appears that Facebook’s users are on the social network not to connect with their friends and family but rather to receive personalized advertising. Continue reading >>
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17 August 2018
Facebook’s Efforts to Squash Scrutiny of the EU-US Privacy Shield
Currently, Facebook is before the Supreme Court in Ireland asking to curtail judicial powers that allow courts to refer questions on the EU-US Privacy Shield Agreement to the CJEU. This is part of an ongoing litigation of Max Schrems, who was still an Austrian law student at the start of the litigation, against the Irish Data Protection Commission (DPC) in the jurisdiction of Ireland where Facebook currently holds its EU headquarters for tax and company law purposes. The litigation has the capacity to change the face of the transatlantic relationship, not least now, at a critical juncture of fragility and uncertainty and represents an extraordinary step. Continue reading >>
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