{"id":5811,"date":"2023-04-25T14:32:17","date_gmt":"2023-04-25T14:32:17","guid":{"rendered":"https:\/\/exciting-panini.13-37-234-21.plesk.page\/?p=5811"},"modified":"2024-08-06T11:06:32","modified_gmt":"2024-08-06T11:06:32","slug":"on-est-parfois-plus-responsable-quon-ne-le-pense-ou-quon-ne-le-souhaite","status":"publish","type":"post","link":"https:\/\/viqtor.eu\/en\/on-est-parfois-plus-responsable-quon-ne-le-pense-ou-quon-ne-le-souhaite\/","title":{"rendered":"We are sometimes more responsible than we think... or than we want to be."},"content":{"rendered":"
\n\t\t\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\"On\t\t\t\t\t\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t

We are sometimes more responsible than we think... or than we want to be.<\/h1>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\n

Legal Watch \u2013 September 2019.
<\/strong><\/p>\n\n\n\n

This is the case when you install a simple plug-in on your website, even if you do not have access to the data collected through this means.<\/em> <\/p>\n\n\n\n

A recent ruling by the Court of Justice of the European Union, known as "Fashion ID", confirms this observation by clarifying the responsibility of website managers who insert a Facebook "like" icon on their page.<\/p>\n\n\n\n

The insertion of this simple plug-in can therefore have the consequence of making the site manager jointly responsible for processing with the social network which collects this data.<\/em><\/p>\n\n\n\n

From a technical point of view, the simple insertion of a plug-in on a web page allows the automatic communication of the connection data of visitors to this page to the social network concerned, whether or not the visitors click on the plug-in icon. In this case, the data of visitors to the Fashion ID website, a German online fashion clothing retailer, was thus systematically transmitted to Facebook. This is what actually happens for many websites today, whether online sales, news sites, or blogs. And the reasoning aimed at Facebook in this case can be extended to any social network or other entity using the same technology.<\/p>\n\n\n\n

The Court of Justice clarified that the fact that the site manager does not have access to the data thus transmitted does not diminish its liability. The fact that it determines, jointly with Facebook, the purposes and means of the processing remains the decisive factor. The Court infers the possible joint liability of the site and Facebook from the mutual economic benefits they derive from this cooperation: for Facebook, the enrichment of its database, and for the site manager, an optimization of advertising for its products on the Facebook social network as soon as a visitor clicks on the "like" icon.<\/p>\n\n\n\n

The Court clarifies that legal responsibilities and obligations vary depending on the different aspects of the processing: in this case, Fashion ID cannot be held responsible for how Facebook subsequently processes the data. Facebook must also provide a specific legal basis for this processing. However, the website operator is required to inform and obtain the consent of its visitors separately regarding the collection and transmission of this data to the social network.<\/p>\n\n\n\n

Several lessons can be learned from this important ruling. It is therefore advisable to:<\/em><\/p>\n\n\n\n