Facebook wins case in Belgian court - should be taken in Irish jurisdiction

Impetus

Ars reports on a data privacy case in a Belgian court, which was won by Facebook. The court determined that it was under Irish jurisdiction.

1. Why did a lawyer advise his/her client to take a case in BE if the court of jurisdiction was in IE?

2. Wasn't there political mention of a single data privacy platform by the forgetful bureaucrats/politicians? Don't think they would be similarly negligent about their pensions.

3. As someone who has never registered for Facebook & Co, I find it obnoxious that any court (Belgian or otherwise) could allow this, in any jurisdiction.

4. The Irish data protection agency is too small, too under-resourced to deal with the large volume of breaches of personal information privacy rights posed by companies incorporated or otherwise based in Ireland.

http://arstechnica.com/tech-policy/2016/06/facebook-wins-privacy-case-against-belgiums-data-protection-authority/

Manach

My understanding under the European data protection directive, it is a matter of where the primary domicile is located. That being Ireland, hence that is the jurisdictation in question. I'd also agree that the DPA has long been an underfunded agency, but perhaps the underlying driver not to upset the economic golden geese of the IT sector has a part to play in the states recedance.

0lddog

Following the Brexit vote Bloomberg TV ran a program on what London based financial services companies were going to do.

The interviewer floated relocation to : Frankfurt, Dublin, Paris or remain in London.

Most dismissed Dublin as an option as they viewed the local financial regulation as weak and slow to respond due to being underresourced.

Can it be long before the IT 'Golden Geese' grow up and see the DPA similarly ?

geraardo

Am i correct in reading the linked article that Facebook track people who don't have a Facebook account, how is this possible ?.

Impetus

Companies want clarity, speed, simplicity and certainty.

Markets and companies hate uncertainty, and willingly pay a premium to escape it. Think of banks that sell doubtful debts for say 20% of their face value. While they might make an 80% loss of capital on the loan, they will pay virtually anything for certainty.

Irish public service agencies only offer one of the above - uncertainty.

That is why the Brexit nonsense will cost Britian billions. And the rest of Europe, will incur some percentage of the British cost. They will have no 'Taoiseach' until September. Meanwhile the EU is adamant about the four freedoms. This creates uncertainty for everybody. This includes the IFSC. If Britain is shut out of Europe's financial markets (which makes up almost 70% of Britain's 'exports'), Britain will not allow Irish or other European financial products to be sold in GB. Much IFSC product is sold in GB.

Microsoft is setting up its European cloud based services in Germany, because that country's data protection legislation is seriously designed and administered. Microsoft plan to use this certainty as a selling point.

Ireland's failure to replicate German law on data privacy (which includes the administration of the regulations) will come at a big cost to business - be it Irish or American or from somewhere else. Germany has the highest electricity costs in Europe and has among the highest tax rates. But it offers black and white certainty.

It takes an Austrian student, Max Schrems, to give a wake up call to gov.ie on Facebook data protection. This 'randomizes' Irish data protection law - ie the gibberish on the statutebooks, which is badly enforced to add insult to injury, and all the investment in data centres etc are resting on the outcome of a series of court cases.

What a dumb way to run a country!