Friday

29th Sep 2023

Belgium tells Facebook to stop using tracking cookies

  • More than half of Belgium's Internet users are estimated to have a Facebook account (Photo: Maurizio Pesce)

A Belgian court told Facebook on Monday (9 November) it should stop tracking Belgians who aren't a member of the social networking site, or pay a daily penalty of €250,000 for as long as the practice continues.

The ruling comes after Belgium's privacy watchdog sued Facebook, for placing small files called cookies on people's computers, even if they had not given permission. Facebook has appealed the decision.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

A spokesperson for the Dutch-language court of first instance in Brussels said in a press release Monday that these cookies contain personal data, and that Facebook may only place them on users' computers if it has been given “unambiguous consent.”

“If the [Internet] surfer has a Facebook account, one may assume that he has given this consent, but if the surfer has no Facebook account, then Facebook has to explicitly ask for permission, and give the required explanation,” spokesperson Anouk Devenyns said.

She added that Facebook places cookies that track whether an internet user visited a Facebook page “of a friend, or a retail chain, a political party, a self-help group, or another association”.

They can subsist for two years.

“The judge emphasised that not only is the placing of the cookies, but also the collecting of the personal data via these cookies, contrary to the Belgian privacy law, and even illegal,” the spokesperson noted.

It is the first time that a European privacy watchdog successfully sued Facebook for not complying with privacy law.

Following the verdict, Facebook released a short statement about its use of the tracking cookie, the so-called “datr cookie”.

“We've used the datr cookie for more than five years to keep Facebook secure for 1.5 billion people around the world. We will appeal this decision and are working to minimise any disruption to people's access to Facebook in Belgium,” the company said, not going into the fact that it is the tracking of non-members of Facebook the Belgian court is most concerned about.

According to the most recent data from Internet World Stats, more than half of Belgium's Internet users have a Facebook account.

The ruling comes a month after European judges ruled that an EU-US data transfer pact was invalid, following a complaint against Facebook Ireland.

Feature

EU to analyse role of Facebook and Google

The EU will start an assessment into the role of online platforms. But the increased influence of internet companies has already been discussed by 'internet critics' for several years.

AI will destroy more female jobs than male, study finds

About four percent of global female employment is subject to potential automation through generative AI technologies, compared to only 1.4 percent of male employment. The trend is even more pronounced in high-income countries, a new study reveals.

Column

EU lobbying clean-up — what happened to that?

Six months after Qatargate, as institutional inertia and parliamentary privileges weigh in, the sense of gravity and collective resolve have all but disappeared. MEPs show little enthusiasm for reform of the rules that today allow them significant outside paid activities.

Latest News

  1. EU women promised new dawn under anti-violence pact
  2. Three steps EU can take to halt Azerbaijan's mafia-style bullying
  3. Punish Belarus too for aiding Putin's Ukraine war
  4. Added-value for Russia diamond ban, as G7 and EU prepare sanctions
  5. EU states to agree on asylum crisis bill, say EU officials
  6. Poland's culture of fear after three years of abortion 'ban'
  7. Time for a reset: EU regional funding needs overhauling
  8. Germany tightens police checks on Czech and Polish border

Stakeholders' Highlights

  1. Nordic Council of MinistersThe Nordic Region is stepping up its efforts to reduce food waste
  2. International Medical Devices Regulators Forum (IMDRF)Join regulators, industry & healthcare experts at the 24th IMDRF session, September 25-26, Berlin. Register by 20 Sept to join in person or online.
  3. UNOPSUNOPS begins works under EU-funded project to repair schools in Ukraine
  4. Georgia Ministry of Foreign AffairsGeorgia effectively prevents sanctions evasion against Russia – confirm EU, UK, USA
  5. International Medical Devices Regulators Forum (IMDRF)Join regulators & industry experts at the 24th IMDRF session- Berlin September 25-26. Register early for discounted hotel rates
  6. Nordic Council of MinistersGlobal interest in the new Nordic Nutrition Recommendations – here are the speakers for the launch

Join EUobserver

Support quality EU news

Join us