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BREAKING: Austrian OGH asks CJEU if Facebook "undermines" GDPR since 2018

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Jul 20, 2021 Source

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BREAKING: Austrian Supreme Court asks CJEU if Facebook "undermines" the GDPR by confusing 'consent' with an alleged 'contract'. In a long-standing civil case between Max Schrems and Facebook, the Austrian Supreme Court (Oberster Gerichtshof, or "OGH") has accepted Mr Schrems' request to refer a number of questions to the Court of Justice of the European Union (CJEU, the highest Court in the EU). The four questions raise fundamental doubts over the legality of Facebook's data use of all EU customers. In parallel, the Austrian Supreme Court also decided in a partial judgment that Mr Schrems will receive € 500 in symbolic emotional damages because Facebook did not give full access to Mr Schrems' data, but instead staged an "egg hunt" for user data. Reference to CJEU, including Questions (German Original) Referred to CJEU, including Questions (English Translation) Statement by our Lawyer Katharine Raabe-Stuppnig (1) Reference to CJEU: Core Question: "Consent" or "contract"? The Austrian Su

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