# Vienna Superior Court: Facebook must give access to data

- Type: News
- Source: noyb - European Center for Digital Rights
- Date: 2020-12-29
- Original: https://noyb.eu/en/vienna-superior-court-facebook-must-give-access-data
- Canonical: https://overview.legal/posts/53334
- Topics: Consent, Personal Data, Social Media, Processing, Consent Validity Requirements and Conditions

## Summary

The Viennese Superior Court (Oberlandesgericht Wien) has delivered a ruling today that Facebook must pay Mr Schrems € 500 in emotional damages and grant him full access to all the data that Facebook holds about him. However, the internet giant does not need to get consent from users to use their data under the EU data protection law (Article 6(1)(a) GDPR). Instead Facebook can simply grant itself the right to use all data in its terms and conditions (Article 6(1)(b) GDPR). Judgment (German Origi

## Full text

The Viennese Superior Court (Oberlandesgericht Wien) has delivered a ruling today that Facebook must pay Mr Schrems € 500 in emotional damages and grant him full access to all the data that Facebook holds about him. However, the internet giant does not need to get consent from users to use their data under the EU data protection law (Article 6(1)(a) GDPR). Instead Facebook can simply grant itself the right to use all data in its terms and conditions (Article 6(1)(b) GDPR). Judgment (German Original, Relevant Parts from Page 22) Judgment (English Machine Translation, Relevant Parts from Page 22) Facebook's "consent bypass" legal? The GDPR allows different bases for the processing of personal data: For example, consent or a contract. Civil law contracts do not need to fulfill the strict requirements of "consent" under the GDPR. This would mean that the company does not have to give users a free choice and obtain separate and unambiguous consent. Other than under the system for consent, u

## Cited law provisions (2)

### GDPR — gdpr-art-6-par-1-pnt-a-en

the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

### GDPR — gdpr-art-6-par-1-pnt-b-en

processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

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