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FASHION ID GmbH & Co. KG v. VERBRAUCHERZENTRALE NRW eV
Summary
Legitimate interest: In a situation such as that at issue in the main proceedings, in which the operator of a website embeds on that website a social plugin causing the browser of a visitor to that website to request content from the provider of that plugin and, to that end, to transmit to that provider personal data of the visitor, “it is necessary that that operator and that provider each pursue a legitimate interest, […], through those processing operations in order for those operations to be
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Literature If it ain’t broke, don’t fix it? Ten improvements for the upcoming tenth anniversary of the General Data Protection Regulation Guidance Art. 29 WP Guidelines on GDPR transparency requirements (WP260 rev.01) Guidance Guidelines 02/2024 on Article 48 GDPR Guidance Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive Enforcement KG COM: Non-compliance with general data processing principles Guidance EDPB Annual Report 2022
Full text
summary
Legitimate interest: In a situation such as that at issue in the main proceedings, in which the operator of a website embeds on that website a social plugin causing the browser of a visitor to that website to request content from the provider of that plugin and, to that end, to transmit to that provider personal data of the visitor, “it is necessary that that operator and that provider each pursue a legitimate interest, […], through those processing operations in order for those operations to be justified in respect of each of them”. (¶¶96–97)
¶96 excerpt
Given that, in the light of the answer to the second question, it seems that, in a situation such as that at issue in the main proceedings, the operator of a website that embeds on that website a social plugin causing the browser of a visitor to that website to request content from the provider of that plugin and, to that end, to transmit to that provider the personal data of the visitor can be considered to be a controller responsible, jointly with that provider, for operations involving the processing of the personal data of visitors to its website in the form of collection and disclosure by transmission, it is necessary that each of those controllers should pursue a legitimate interest, within the meaning of Article 7(f) of Directive 95/46, through those processing operations in order for those operations to be justified in respect of each of them.
¶97 excerpt
In the light of the findings above, the answer to the fourth question is that, in a situation such as that at issue in the main proceedings, in which the operator of a website embeds on that website a social plugin causing the browser of a visitor to that website to request content from the provider of that plugin and, to that end, to transmit to that provider personal data of the visitor, it is necessary that that operator and that provider each pursue a legitimate interest, within the meaning of Article 7(f) of Directive 95/46, through those processing operations in order for those operations to be justified in respect of each of them.
Original document at the source eur-lex.europa.eu