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Old 06-05-2018, 05:12 PM   #1
Watch Officer
Join Date: Jun 2009
Location: Berlin
Posts: 339
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Default Forced to temporarily disable the FB page :-(

The game is still in active development and I am currently doing contract work to secure the budget to finally finish the game. But the privacy laws and a new court decision forces me to temporarily shut down the Facebook page.

So don’t wonder, this is not a sign of death for WOTA, it is just that some privacy rules and laws are nuts.

Fanpage operators are jointly responsible for data protection
Anyone who runs a fan page on Facebook cannot completely pass on data protection to the US company. Data protection commissioners expect many companies to close their fan sites provisionally following an ECJ ruling.

Operators of a so-called Facebook fan page together with the social network are responsible for the protection of user data. This was decided by the European Court of Justice (ECJ) on Tuesday in Luxembourg (Case C-210/16). The judges thus ruled in favour of the Schleswig-Holstein State Centre for Data Protection (ULD), which had asked the Schleswig-Holstein Academy of Economics to close its fan page on Facebook. In February 2016, the Federal Administrative Court submitted the case to the European Court of Justice in a so-called preliminary ruling request.

In November 2011, the ULD had demanded that the educational institution deactivate the fan page and threatened to impose a fine of 5,000 euros. In the opinion of the data protectionists, a fanpage operator is jointly responsible for the processing of personal data by Facebook - and thus also for possible breaches of data protection law. In the first two instances, however, ULD was unable to assert this view. The Higher Administrative Court of Schleswig, for example, took the view: "A fanpage operator is not responsible for what Facebook does with the users' personal data.

Fan site operator decides on use

The ECJ now takes a different view. "Such an operator is involved in the decision on the purposes and means of processing the personal data of the visitors of his fan page by the parameterisation (...) carried out by him", it says in the press release (PDF). Facebook provides them with certain personal data about their users' lifestyles and interests, "which inform them about where to carry out special promotions or organize events and generally enable them to make their information offerings as targeted as possible. Therefore, "the fact that an operator of a fan page uses the platform set up by Facebook to make use of the associated services cannot exempt it from its obligations in the area of personal data protection".

The State Commissioner for Data Protection of Schleswig-Holstein, Marit Hansen, welcomed the ruling of the European Court of Justice. "The decision has confirmed my assessment that there cannot be any gaps of responsibility in data protection. Specifically, this means that all fanpage operators must clarify between them and Facebook which data protection obligations they themselves have to fulfil and for which Facebook is responsible," she said in a press release. Everyone can assert his or her rights to information and correction both directly vis-à-vis the fanpage operator and vis-à-vis Facebook.

BvD expects fanpage closures

The Bavarian State Commissioner for Data Protection, Thomas Petri, recommends that public authorities in Bavaria "critically check" their presence on Facebook or other social media. Because "in view of past experience, it would come as no surprise if Facebook were to process data illegally, even on the basis of the basic data protection regulation," said Petri and added: "Either social media must comply with the data protection regulations in force in Europe or they cannot be used jointly responsibly. Potential advantages in public relations do not justify any breaches of data protection."

According to the Professional Association of Data Protection Officers (BvD), the ruling creates "new challenges and risks for website operators that they could not solve in no time at all". BvD board member Kai-Uwe Loser said: "In practice, this will lead many companies and freelancers to close their fan pages - at least initially - and wait for Facebook's reaction. The ruling will also have an impact on tracking tools and so-called social plug-ins. "Overall, the decision has the potential to bring about a massive change in the use of analysis tools on the Internet. There's shadow and light. The protection of the affected persons is improved, but the users of such applications are faced with challenges that cannot be solved easily and quickly".

ULD was allowed to intervene

In the ruling, the ECJ also answered the question submitted by the Federal Administrative Court as to whether the ULD was competent at all to enforce possible data protection violations not only against the Business Academy but also against the German subsidiary of Facebook (Facebook Germany). The judges also agreed with the data protectionists on this question. Accordingly, ULD was authorised to control a German subsidiary of Facebook even if the exclusive responsibility for the collection and processing of personal data for the entire territory of the EU lay with the Irish subsidiary.

In view of the long duration of the proceedings and the Basic Data Protection Ordinance (DSGVO), which came into force at the end of May, Hansen called for legal disputes to be submitted to the European Court of Justice earlier. "For legal certainty, quick legal clarification is essential. Judicial proceedings on such fundamental issues belong in the fast lane," said Hansen, who took over the case from her contentious predecessor Thilo Weichert.

Translated with DeepL

WOTA: Wolves of the Atlantic - upcoming mobile U-boat simulation for iOS (later Mac, PC, Linux) • subsim forumfacebook
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