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Newsletter Data Protection Law, April 2019

Newsletter Data Protection Law, April 2019

Germany‘s Federal Cartel Office: Facebook‘s data collection and aggregation – an abuse of a dominant market position

The German Federal Cartel Office (Bundeskartellamt) has issued a landmark ruling concerning the collection and aggregation of data by Facebook, holding the practices of the company to breach German anti-trust laws. The decision comes as a surprise to many and will have wide-ranging effects, meaning that compliance with data protection laws is now no longer merely a matter for data protection supervisory authorities, but also for anti-trust regulators. This is the end of the “One Stop Shop“ the GDPR promised, and means potentially higher fines – up to 10 % of a company‘s annual world-wide turnover. The FCO‘s decision might also be the starting point of a discussion as to what extent companies (whether dominant or not) can still rely on the argument that their data processing activities are required for the performance of a contract.


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Experts

Dr. Andreas_Lober_Experte_BEITEN_BURKHARDT

Dr Andreas Lober

Lawyer

Partner

Dr. Axel_von Walter_Experte_BEITEN_BURKHARDT

Dr Axel von Walter

Lawyer, Licensed Specialist for Copyright and Media Law, Licensed Specialist for Information Technology Law

Partner

Dr. Matthias_Schote_Experte_BEITEN_BURKHARDT

Dr Matthias Schote

Lawyer, Licensed Specialist for Copyright and Media Law

Partner

Mathias_Zimmer-Goertz_Experte_BEITEN_BURKHARDT

Mathias Zimmer-Goertz

Lawyer

Partner