Regulatory Watch  /  Austria  /  Court ruling
Moderate impactCourt rulingDecided

Austrian Supreme Court refers Facebook case to CJEU over consent vs contract and awards €500 symbolic damages

The Austrian Supreme Court (OGH) referred four questions to the Court of Justice of the EU concerning Facebook's reliance on contract instead of consent under the GDPR. In a partial judgment, the court awarded Max Schrems €500 for lack of full data access. The referral also raises issues on data minimisation and the use of sensitive data for advertising.

Why it matters: The ruling could reshape how major platforms justify data processing under the GDPR, potentially limiting the use of contract as a legal basis for consent.

Summary generated from the sources below. Check the primary source before relying on it; this is not legal advice.

Sources
BREAKING: Austrian OGH asks CJEU if Facebook "undermines" GDPR since 2018
noyb · primary source · Jul 20, 2021
BREAKING: Austrian OGH asks CJEU if Facebook "undermines" GDPR since 2018
noyb · Jul 20, 2021
Details
JurisdictionAustria
RegulatorEDPB
CourtAustrian Supreme Court (Oberster Gerichtshof)
LawGeneral Data Protection Regulation
StatusDecided
PublishedJuly 20, 2021
Effectivenot stated
Penalty€ 500 for "massive annoyance", lack of access to data, and "easter eggs".
OrganisationsFacebook, Max Schrems
Topicsconsent, data minimization, privacy, access, targeted advertising
Datapersonal, sensitive