AGCM accuses Facebook of non-compliance: it risks a fine of up to 5 million euros

The Italian Competition Authority has launched a non-compliance proceedings against Facebook for not having implemented the provisions of the provision of 29 November 2018. The reference is to the decision taken by the AGCM which had ascertained the existence of unfair commercial practices by the popular social network which did not provide users, during registration, with a adequate information on data collection and use of the latter for commercial purposes. A sentence confirmed in part also by the Lazio Regional Administrative Court, which instead annulled a second sanction relating to the methods of transmitting personal data to third parties.

In addition to paying a € 5 million fine for the aforementioned unfair business practices, Facebook should have eliminated the claim. "It's free and it will be forever" as - again according to the Antitrust Authority - the gain derives from the use of user data. In fact, the widespread note specifies that "the data of Facebook users, by reason of the profiling of the same for commercial use and for marketing purposes, acquire an economic value suitable for configuring the existence of a consumption relationship, even in the absence of monetary consideration ". This obligation has been respected.

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The non-compliance concerns the failure to publish an amending statement on the homepage of the site, on the app and on the personal page of each registered user that informs the user with "clarity and immediacy as to the collection and use of their data for remunerative purposes". Obligation that has not yet been respected.

For this reason, the AGCM has initiated a non-compliance proceeding against Facebook which risks a pecuniary administrative sanction. between 10 thousand and 5 million euros. The procedure will be completed within 120 days.

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