The conflict between Facebook and the European privacy regulator is likely to escalate as the European Supreme Court next week will weigh the claims of the Belgian data protection regulator, which believes they have the right to pursue the US social media giant for violations in Belgium.
If the Luxembourg based European Court of Justice (cjeu) supports the claims of Belgium's data protection regulators, it could encourage governments of the 27 EU Member States to take action against companies such as alphabet's Google, twitter and apple.
The Irish privacy authority is Facebook's leading regulator under the landmark EU privacy protection regulation, the general data protection regulation (gdpr), and its one-stop mechanism, because Facebook's European headquarters are in Ireland.
Google, twitter and apple are all based in Ireland. However, the gdpr leaves some leeway for privacy regulators in other countries to adjudicate violations that are limited to specific countries. This is what France and Germany, for example, do.
Belgian regulators tried to prevent Facebook from tracking Belgian users through cookies stored in Facebook's social plug-in, but Facebook objected, saying Belgium has no territorial jurisdiction. On October 5th, the European Court of justice is likely to decide whether Belgian regulators have such territorial jurisdiction over Facebook.
Facebook said it was appropriate for the EU bill to designate a leading oversight body responsible for cross-border privacy issues.
Facebook Assistant General Counsel Jack
Belgian data protection regulators say the problem is simple. Orelli, spokesman for the agency
The EU will also have to decide whether the gdpr applies to this situation, which goes back to 2015. The EU general data protection regulation was adopted in 2016 and came into force in 2018.
Irish regulators have filed lawsuits against Facebook, Facebook subsidiaries instagram and WhatsApp, as well as twitter, apple, Verizon media, Microsoft's LinkedIn and US digital advertiser Quantcast. (Tianmen Mountain)