By Natascha Divac
FRANKFURT--Germany's main consumer protection organization said
Thursday it sent a warning to Facebook demanding that the social
media giant change its terms of service or face a lawsuit over data
protection and other issues.
The VzBv, an umbrella organization for 41 German consumer
associations, said that 19 clauses in Facebook's updated terms and
policies violate German law.
The social media network has faced regular criticism and legal
complaints from privacy campaigners in Europe. After a recent
update of its policies, Facebook has come under increased scrutiny.
A report commissioned for Belgium's data protection agency this
week said the revised policies and terms violate European privacy
law.
The VzBz, the Federation of German Consumer Organizations, said
it issued a cease-and-desist letter to Facebook, which has until
March 16 to respond. The organization particularly criticized
Facebook's terms regarding the use of private data for the purpose
of advertising.
"For the consumer it's not clear at first glance when [and]
which data is being used for which purpose," the organization
said.
The organization also said Facebook misleads consumers by
calling itself a free service. While users may not pay to use
Facebook, the company earns income by selling users' data to
advertisers. The VzBz also criticized the obligation for users to
use their real names on Facebook.
VzBz called "especially problematic" Facebook's default
settings, which presume users agree with its policies. To prevent
having Facebook use certain private data, users must deactivate a
default setup. According to VzVb, Facebook herby presupposes its
users' assent rather than giving them the opportunity to agree to
terms in a conscious and deliberate manner.
Facebook said it is reviewing VzBz's comments.
"On preliminary review, we're surprised that the VzBv is focused
on settled terms and features that have been part of Facebook and
other online services for the past 10 years, such as real name
policies," the company said in a statement. Facebook said it is
"confident the updates comply with applicable laws."
VzBv's move received support from German Justice Minister Heiko
Maas, who said that the organization is "picking up a legitimate
point of criticism," and that Facebook's data protection terms were
too vague.
Write to Natascha Divac at natascha.divac@wsj.com
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