"Like" button in online shop unfair

The integration of Facebook's 'Like' button in the context of an online shop constitutes a violation of competition law, provided that the shop operator does not inform the user that in the event of using the button, the IP address of the person affected will be transmitted to Facebook.

The fashion house chain Peek & Cloppenburg Düsseldorf (P&C) operates, in addition to numerous retail stores, also an online shop. On the website of the online shop, the company had integrated the Facebook plug-in 'Like' button, which resulted in Daten der Nutzer being transmitted to Facebook with each visit to the webpage, Data of users, in particular their IP addresses, being automatically transmitted to Facebook, which could ultimately be used for advertising purposes. The data transmission also took place regardless of whether the website visitor was a Facebook member or not. The users of the website were not informed in advance of this data transmission and accordingly did not consent to this data transmission.

The Verbraucherzentrale NRW considered this integration of the "Like" button to be anti-competitive and demanded, in addition to P&C, that other companies cease and desist. After P&C refused to issue a cease and desist declaration, the Verbraucherzentrale NRW filed suit against the company. Successfully.

Court Decision – "Like" Button Anti-Competitive

By means of Urteil vom 09.03.2016 – 12 O 151/15 the Regional Court (LG) Düsseldorf ordered P&C to cease and desist. The use of the Facebook plug-in "Like" without prior disclosure to the persons affected was considered unfair. P&C was obligated to inform its users about the nature, scope and purpose of the collection of personal data. This was not done here. In the court's view, a mere link to the data protection declaration in the footer of the website was insufficient.

Conclusion

Insofar as the Facebook plug-in "Like" is integrated within the scope of a company's website, with the result that data of website users is automatically transmitted to Facebook, the company operating the website must inform the persons affected in advance, in an intelligible manner, about the nature, scope and purpose of this data transmission. A link to a data protection declaration is not sufficient.