Facebook and adtech face a turbulent time in Europe’s courts: the Brussels case.

Dr Johnny Ryan GDPR

This note examines a Belgian court ruling against Facebook’s tracking and approach to consent. Facebook and adtech companies should expect tough sanctions when they find themselves before European courts – unless they change their current approach to data protection and the GDPR.  Facebook is playing a dangerous game of “chicken” with the regulators. First, it has begun to confront users in the EU with a new “terms of service” dialogue, which denies access to Facebook until a user opt-ins to tracking for ad targeting, and various other data processing purposes.[1] (more detail in footnote 1) This dialogue appears to breach several important principles of the GDPR, including the principle of purpose limitation,[2] freely given, non-conditional consent,[3] and of transparency.[4] In other words, if Facebook attempts to collect consent in this manner, that consent will be unlawful.…