# Facebook's GDPR bypass reaches Austrian Supreme Court

- Type: News
- Source: noyb - European Center for Digital Rights
- Date: 2021-03-14
- Original: https://noyb.eu/en/facebooks-gdpr-bypass-reaches-austrian-supreme-court
- Canonical: https://overview.legal/posts/53326
- Topics: Social Media, Consent, Affirmative Action and Opt-In Requirements for Consent, Consent Validity Requirements and Conditions

## Summary

Facebook's GDPR consent bypass via a "contractual advertisement duty" before Austrian Supreme Court, with high potential for a reference to the CJEU As the Austrian Press Agency (APA) and Der Standard report, a case that may determine the legality of Facebook's business in Europe has reached the Austrian Supreme Court (OGH). Facebook and Mr Schrems have both filed appeals against an earlier judgment by the Higher Regional Court of Vienna (OLG Wien). Among other issues, the alleged "bypass" of th

## Full text

Facebook's GDPR consent bypass via a "contractual advertisement duty" before Austrian Supreme Court, with high potential for a reference to the CJEU As the Austrian Press Agency (APA) and Der Standard report, a case that may determine the legality of Facebook's business in Europe has reached the Austrian Supreme Court (OGH). Facebook and Mr Schrems have both filed appeals against an earlier judgment by the Higher Regional Court of Vienna (OLG Wien). Among other issues, the alleged "bypass" of the strict GDPR's consent rules became central in the case. The Supreme Court was asked to refer the case to the European Court of Justice (CJEU) for clarification. Facebook's "consent bypass". When the GDPR came into effect, one big benefit was the duty to have a clear opt-in consent when companies want to process user data. In addition to consent, there are five other legal bases to process data under Article 6(1) GDPR. One of these basis is processing that is "necessary for the performance of a

## Cited law provisions (1)

### GDPR — gdpr-art-6-par-1-en

Processing shall be lawful only if and to the extent that at least one of the following applies:

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