German data protection registrar instructs firms to de-activate Facebook pages

As a result of the curious ruling, the ULD has requested businesses in the state to shut down their Facebook pages and so de-active their business data analytics service, even though they may not even use the feature.

Although Facebook has declined comment on the ruling, the German registrar – apparently responding to a complaint – says that the analytics service is illegal under the state's telemedia laws, since it relays cookie and other information on users visiting the social networking service to Facebook's servers in the US.

In its press statement on the curious issue, the ULD says it has no choice in imposing its ruling, as the wording of the Facebook conditions of use mean that the social networking giant does not meet the state's legal requirements when it comes to legal notices, privacy statements and general terms of use.

The German registrar adds that if businesses in Schleswig-Holstein do not follow its instructions by the end of September, it may take further steps, including the imposition of hefty fines on offenders.

According to Thilo Weichert, the registrar commisioner, he has said for some time that the Facebook offerings are in conflict with German legislation and notes that organisations must be aware that they cannot shift their responsibility for data privacy to Facebook, as the social networking giant has no German offices.

The ULD says that it is important to understand that businesses that claim there is no alternative to Facebook are wrong, and that other social media site operators are taking their responsibilities more seriously.

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