The initial case is several years old. It was about the company Fashion ID, which like millions of other companies in the world had integrated the Like and Share button of Facebook on their own website.
The company was cautioned, as the Like Button already without asking page visitor data to Facebook when calling a website. The district court of Düsseldorf confirmed that the like button on websites violates the data protection law and the site operator is responsible.
The case went to the next instance, the Düsseldorf Higher Regional Court then submitted the most important questions about data protection to the European Court of Justice (ECJ). He has now decided.
What has the ECJ decided concretely?
The ECJ has commented on 4 very important questions:
Website operators are next to Facebook always responsible for privacy violations.
The unsolicited transmission of user data by the Facebook Like button on websites violates data protection law.
Competition associations may charge a fee for websites that have Facebooks Like-Button without consent.
For cookies that are set for tracking or advertising purposes, a real consent of the website visitors is necessary. A cookie hint banner is not enough.