4 ms·

EU Court of Justice ruling may spell the death of social like and share buttons

29 points by LinuxBender 7y ago

azujus 7y ago
What about Facebook Pixel?
xfitm3 7y ago
> Online websites that embed a Facebook Like button are responsible for the data they send to Facebook and liable for the same penalties under EU data protection laws, the Court of Justice of the European Union (ECJ) said in an opinion published today. While I won't miss social share buttons I don't agree with this heavy handed opinion. Facebook should responsible for the data they collect – not websites which use their widget. Safe harbor laws need to be strengthened.
- M2Ys4U 7y ago
  The website operator is deciding what data is sent to Facebook my implementing the button. How are they not a (joint) data controller in that respect? BTW, the article didn't actually spell this out, but the website operator's "responsibility is, however, limited to the operation or the set of personal data processing operations for which it actually determines the purposes and means, namely the collection and communication by transmission of the data in question." (translated using Google Translate from the French-language version of the judgment)
- onetimemanytime 7y ago
  >>Facebook should responsible for the data they collect – not websites which use their widget. Safe harbor laws need to be strengthened. In another POV: you are sending users and their data to FB by them using the share button you added to your site. YOU. The fact that FB is doing the same in violating the laws is separate. Now FB will create a new button From the press release: The consequence of embedding that button appears to be that when a visitor consults the website of Fashion ID, that visitor’s personal data are transmitted to Facebook Ireland. It seems that that transmission occurs without that visitor being aware of it and regardless of whether or not he or she is a member of the social network Facebook or has clicked on the ‘Like’ button.
M2Ys4U 7y ago
This article doesn't really do any more than - badly - regurgitate the CJEU press release.[0] I'm guessing because they wanted to get something out before the official English-language translation of the judgment has been published. FWIW, the CJEU's judgment is binding.[1] It's the highest court in the EU and has the final say on how to interpret EU law. [0] https://curia.europa.eu/jcms/upload/docs/application/pdf/2019-07/cp190099en.pdf https://curia.europa.eu/jcms/upload/docs/application/pdf/201... [1] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM%3Al14552 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM... - "Preliminary rulings are binding both on the referring court and on all courts in EU countries."
tastroder 7y ago
fyi: while the English translation is not available yet, you can find other languages you might be familiar with at [1], or browse through the crude Google translation from French at [2]. [1] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62017CJ0040 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62... [2] https://translate.google.com/translate?hl=en&sl=fr&tl=en&u=https%3A%2F%2Feur-lex.europa.eu%2Flegal-content%2FFR%2FTXT%2FHTML%2F%3Furi%3DCELEX%3A62017CJ0040%26from%3DEN https://translate.google.com/translate?hl=en&sl=fr&tl=en&u=h...
felixfbecker 7y ago
Good.
ohiovr 7y ago
Follow this link, and then like us.
InternetOfStuff 7y ago
If like buttons will be disallowed for privacy reasons, shouldn't the same also apply to Google captcha? That would be a relief.
- krageon 7y ago
  As much as I hate to say this, a case could be made that recaptcha provides a valuable service in exchange for this data without which the service could not work well or would be significantly degraded.
  - M2Ys4U 7y ago
    The legitimate interests basis would be easier to argue at least.
rlpb 7y ago
I'm not convinced about the editorialized "may spell the death". It just means that if Facebook wants their Like buttons to be used by companies serving the EU, they will need to take steps that those companies are confident that they obey the law. Assuming that Facebook benefit from the arrangement, why wouldn't they do this?

29 points by LinuxBender 7y ago

What about Facebook Pixel?

> Online websites that embed a Facebook Like button are responsible for the data they send to Facebook and liable for the same penalties under EU data protection laws, the Court of Justice of the European Union (ECJ) said in an opinion published today. While I won't miss social share buttons I don't agree with this heavy handed opinion. Facebook should responsible for the data they collect – not websites which use their widget. Safe harbor laws need to be strengthened.

M2Ys4U 7y ago
The website operator is deciding what data is sent to Facebook my implementing the button. How are they not a (joint) data controller in that respect? BTW, the article didn't actually spell this out, but the website operator's "responsibility is, however, limited to the operation or the set of personal data processing operations for which it actually determines the purposes and means, namely the collection and communication by transmission of the data in question." (translated using Google Translate from the French-language version of the judgment)
onetimemanytime 7y ago
>>Facebook should responsible for the data they collect – not websites which use their widget. Safe harbor laws need to be strengthened. In another POV: you are sending users and their data to FB by them using the share button you added to your site. YOU. The fact that FB is doing the same in violating the laws is separate. Now FB will create a new button From the press release: The consequence of embedding that button appears to be that when a visitor consults the website of Fashion ID, that visitor’s personal data are transmitted to Facebook Ireland. It seems that that transmission occurs without that visitor being aware of it and regardless of whether or not he or she is a member of the social network Facebook or has clicked on the ‘Like’ button.

M2Ys4U 7y ago

This article doesn't really do any more than - badly - regurgitate the CJEU press release.[0] I'm guessing because they wanted to get something out before the official English-language translation of the judgment has been published. FWIW, the CJEU's judgment is binding.[1] It's the highest court in the EU and has the final say on how to interpret EU law. [0] https://curia.europa.eu/jcms/upload/docs/application/pdf/2019-07/cp190099en.pdf https://curia.europa.eu/jcms/upload/docs/application/pdf/201... [1] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM%3Al14552 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM... - "Preliminary rulings are binding both on the referring court and on all courts in EU countries."

tastroder 7y ago

fyi: while the English translation is not available yet, you can find other languages you might be familiar with at [1], or browse through the crude Google translation from French at [2]. [1] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62017CJ0040 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62... [2] https://translate.google.com/translate?hl=en&sl=fr&tl=en&u=https%3A%2F%2Feur-lex.europa.eu%2Flegal-content%2FFR%2FTXT%2FHTML%2F%3Furi%3DCELEX%3A62017CJ0040%26from%3DEN https://translate.google.com/translate?hl=en&sl=fr&tl=en&u=h...

felixfbecker 7y ago

Good.

ohiovr 7y ago

Follow this link, and then like us.

InternetOfStuff 7y ago

If like buttons will be disallowed for privacy reasons, shouldn't the same also apply to Google captcha? That would be a relief.

krageon 7y ago
As much as I hate to say this, a case could be made that recaptcha provides a valuable service in exchange for this data without which the service could not work well or would be significantly degraded.
- M2Ys4U 7y ago
  The legitimate interests basis would be easier to argue at least.

rlpb 7y ago

I'm not convinced about the editorialized "may spell the death". It just means that if Facebook wants their Like buttons to be used by companies serving the EU, they will need to take steps that those companies are confident that they obey the law. Assuming that Facebook benefit from the arrangement, why wouldn't they do this?