In the near future, the conflict between Facebook and EU privacy regulators is likely to escalate. This is mainly because the European Supreme Court next week will weigh up the argument put forward by the Belgian data protection regulator, which believes that they should have the right to pursue the US social media giant's violations in Billy.If the Luxembourg based European Court of Justice (cjeu) declares its support for the Belgian authorities, it may encourage national institutions in the 27 EU Member States to take action against companies such as Google, twitter and apple owned by alphabet.
The Irish Privacy Authority (Irish privacy authority) is the Facebook's main authority under the EU's landmark privacy legislation, the General Data Protection Ordinance (GDPR) and its one-stop service mechanism, because Facebook company's European headquarters is located in Ireland.
Google, twitter andApple The European headquarters is also located in Ireland. However, the General Data Protection Regulations leave room for privacy regulators in other countries to rule on violations limited to specific countries, as France and Germany do.
Before the European Court's ruling on October 5, Belgian courts sought guidance on Facebook's opposition to Belgian regulators' attempts to prevent the company from tracking Belgian users' territorial jurisdiction through cookies stored in Facebook's social plug-in, whether they have a Facebook account or not.
Facebook said it made sense for the EU to appoint a regulator responsible for cross-border privacy issues.
"All enterprises operating within the EU and subject to GDPR constraints can benefit from this one-stop-shop mechanism ," said Jack Gilbert (Jack Gilbert), deputy legal adviser to the Facebook, in an email. This mechanism allows companies of all sizes to understand their legal responsibilities and respond quickly to regulators ."
Belgian data protection regulators say the problem is simple. "The question is whether the one-stop service mechanism under the GDPR is exhaustive or whether it can leave some room for enforcement for the local judiciary (e.g. the Belgian judiciary), especially when court proceedings are brought before a national judge ," its spokesman Aurelie Waeterinckx said. "
The cjeu will also decide whether the gdpr rules apply to this case, which dates back to 2015, before the EU gdpr was adopted in 2016 and came into force in 2018.
Action number C-645/19Facebook Ireland