Topic: Joint Controller
Authority: Business Academy Schleswig-Holstein GmbH
The plaintiff in the main proceedings is Wirtschaftsakademie Schleswig-Holstein GmbH. It is a company specialising in the field of education which, inter alia, offers educational services via a Facebook address. Fan page operators can use the Facebook Insight function to obtain anonymous statistical data concerning the users of these pages.
The Court concluded that the Wirtschaftsakademie, together with Facebook Ireland Ltd., was to be regarded as responsible for the data processing in question (so-called Joint Controller), since the former would be involved in the decision on the purposes and means of processing the personal data of visitors to the fanpage through the parameterisation carried out by it. The fact that a fanpage operator uses the platform set up by Facebook cannot relieve the applicant of its obligations to protect personal data.