Facebook Users Affected by Data Breach Eligible for Compensation, German Court Says

A Facebook logo is displayed on a smartphone in this illustration taken January 6, 2020. REUTERS/Dado
A Facebook logo is displayed on a smartphone in this illustration taken January 6, 2020. REUTERS/Dado
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Facebook Users Affected by Data Breach Eligible for Compensation, German Court Says

A Facebook logo is displayed on a smartphone in this illustration taken January 6, 2020. REUTERS/Dado
A Facebook logo is displayed on a smartphone in this illustration taken January 6, 2020. REUTERS/Dado

A German court said on Monday that Facebook users whose data was illegally obtained in 2018 and 2019 were eligible for compensation.

The Federal Court of Justice (BGH) ruled that the loss of control over one's data online was grounds for damages without having to prove specific financial losses.

Thousands of Facebook users in Germany are demanding compensation from parent company Meta for insufficient protection of their data after unknown third parties were able to access user accounts by guessing phone numbers.

The claims, which stem from a data breach in 2021 of information gathered through the Facebook friend search feature, had been dismissed in principle by a lower court in Cologne and will now have to be re-examined.

The plaintiff had demanded damages of 1,000 euros ($1,056), but the BGH said that around 100 euros would be appropriate with no proof of financial loss.

According to the Karlsruhe-based court, the lower court must determine whether Facebook's terms of use were transparent and comprehensible, and whether users' consent to the use of their data was voluntary.

Meta previously refused to pay compensation on the grounds that those affected had not been able to prove any concrete damages.

A Meta spokesperson said the BGH's ruling was "inconsistent with the recent case law of the European Court of Justice, the highest court in Europe."

"Similar claims have already been dismissed 6,000 times by German courts, with a large number of judges ruling that no claims for liability or damages exist," the spokesperson said. "Facebook's systems were not hacked in this incident and there was no data breach."

Roughly six million people in Germany were affected by the leak.



Google Holds Illegal Monopolies in Ad Tech, US Judge Finds, Allowing US to Seek Breakup

A man walks past Google's offices in London's Kings Cross area, on Aug. 10, 2024. (AP)
A man walks past Google's offices in London's Kings Cross area, on Aug. 10, 2024. (AP)
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Google Holds Illegal Monopolies in Ad Tech, US Judge Finds, Allowing US to Seek Breakup

A man walks past Google's offices in London's Kings Cross area, on Aug. 10, 2024. (AP)
A man walks past Google's offices in London's Kings Cross area, on Aug. 10, 2024. (AP)

Alphabet's Google illegally dominated two markets for online advertising technology, a judge ruled on Thursday, dealing another blow to the tech giant and paving the way for US antitrust prosecutors to seek a breakup of its advertising products.

US District Judge Leonie Brinkema in Alexandria, Virginia, found Google liable for "willfully acquiring and maintaining monopoly power" in markets for publisher ad servers and the market for ad exchanges which sit between buyers and sellers. Publisher ad servers are platforms used by websites to store and manage their ad inventory.

Antitrust enforcers failed to prove a separate claim that the company had a monopoly in advertiser ad networks, she wrote.

Lee-Anne Mulholland, vice president of Regulatory Affairs, said Google will appeal the ruling.

"We won half of this case and we will appeal the other half," she said, adding that the company disagrees with the decision on its publisher tools. "Publishers have many options and they choose Google because our ad tech tools are simple, affordable and effective."

Google's shares were down around 2.1% at midday.

The decision clears the way for another hearing to determine what Google must do to restore competition in those markets, such as sell off parts of its business at another trial that has yet to be scheduled.

The DOJ has said that Google should have to sell off at least its Google Ad Manager, which includes the company's publisher ad server and ad exchange.

Google now faces the possibility of two US courts ordering it to sell assets or change its business practices. A judge in Washington will hold a trial next week on the DOJ's request to make Google sell its Chrome browser and take other measures to end its dominance in online search.

Google has previously explored selling off its ad exchange to appease European antitrust regulators, Reuters reported in September.

Brinkema oversaw a three-week trial last year on claims brought by the DOJ and a coalition of states.

Google used classic monopoly-building tactics of eliminating competitors through acquisitions, locking customers in to using its products, and controlling how transactions occurred in the online ad market, prosecutors said at trial.

Google argued the case focused on the past, when the company was still working on making its tools able to connect to competitors' products. Prosecutors also ignored competition from technology companies including Amazon.com and Comcast as digital ad spending shifted to apps and streaming video, Google's lawyer said.