A groundbreaking decision was published today by the German antitrust authority service (Bundeskartellamt). The ruling states that Facebook must obtain user consent before collecting data outside the social network.
German regulators have ruled that the use of Facebook's additional services such as WhatsApp, Instagram, Facebook Analytics and social buttons in general on every web site and collecting data from users even when they do not use the social network, is illegal and should be banned for fair competition between technology companies.
Bundeskartellamt executives reported that Facebook could continue to collect data from each service but should store them separately so they can not merge with existing Facebook profiles unless the company has the express endorsement of the end user .
Facebook vs Bundeskartellamt
"In the future, FaceBook will no longer be able to force its users to agree to virtually unlimited data collection and outsourcing outside of FaceBook," said Andreas Mundt, President of Bundeskartellamt ().EN/DE).
"The combination of data from different sources makes it essential that Facebook is able to create a unique database for each individual user and thus gain market power," Mundt added.
The Bundeskartellamt has published an essay (PDF) that describes their findings in detail and how unlimited data collection by social network users helped the company to win competition over the years, allowing it to create a dominant position almost impossible to overcome by others in Buy.
The above report is the result of an almost three-year investigation into the data collection practices that uses Facebook.
"We have been working with the Bundeskartellamt for almost three years and will continue our discussions. We disagree with their conclusions and intend to appeal that people in Germany continue to benefit fully from all services us", he said today Facebook.
Facebook claims that its data collection practices fall within the laws of protectionof privacy and the new GDPR directive of the European Union. However, it does not mention anything about antitrust legislation.
Facebook has a month to challenge the decision in a German court. The decision of the Bundeskartellamt currently has no legal force. According to the agency's report, the Bundeskartellamt would like Facebook to have “a plan applications" to address the specific issues.
However, if FaceBook does not comply, "Bundeskartellamt decisions can be implemented through certain legal measures," the report said.
“These include the possibility of imposing a fine (10% of annual turnover) or periodic fines (maximum of EUR 10 million per penalty) which may be imposed at specified times.
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