Swing together, cling together : Why co-liability on Facebook Pages forces brands to rethink.

After a week of General Data Protection Regulation (GDPR) being in place in the European Union, which already caused a lot of excitement and uncertainty in the run-up, it is becoming quite clear: The EU is serious.

This week, the European Court of Justice (ECJ) ruled that operators of a Facebook page are jointly responsible for Facebook’s compliance with data protection even if they have no influence on data collection. According to the judges, it is sufficient for an advertiser who, for example, runs a Facebook page, to benefit from the data collection.

“What sounds like a bad joke, is a reality thanks to the ECJ’s ruling on Facebook Pages.” – Attorney Thomas Schwenke on Facebook

Cling together, swing together

The legal assessment of important German data protection lawyers followed the same afternoon:  They were alarming, like Christian Solmecke’s in Meedia, “Switching off fan pages is currently the only legally compliant solution”, or thought-provoking, like Thomas Schwencke’s in Allfacebook magazine: “Imagine that you would have to be liable for any data protection violations on online platforms just because you operate a profile or a page there. Imagine that the visitors of the profiles could assert their rights to information and deletion with you. What sounds like a bad joke is a reality thanks to the ECJ’s ruling on Facebook Pages.”

This development is particularly hard on those brands that have almost completely outsourced their customer relationships to Facebook and other Silicon Valley giants. Now they must realize that they not only have little influence on the blue giant, but also have few alternatives on hand.  

Ideal time for a change of strategy

At its core, there are now two strategies that a brand can pursue: On the one hand, to wait and see whether Facebook shows itself to be insightful and solves the problem in a data protection-compliant manner or on the other hand, to recognize, which blatant disadvantages one has negotiated by outsourcing the user relationship and to counter-direct energetically.

It’s all about engagement. Engage us!

Your own platforms secure the most important asset: the customer relationship

Brandslisten, Germany’s leading platform provider for customer content and communities, is one of these alternatives. Developed in the EU and hosted and managed in Germany, brand communities are not only EU privacy compliant, but they allow brands to regain safe and complete control over their customer relationships.

Brandslisten’s answer to the decision of Europe’s most supreme court: Data security made in Germany

The five most important data protection reasons to choose Brandslisten

  1. Safe access to protected customer data
  2. Brandslisten is future-proof because all assets belong to the brand
  3. Brandslisten has a designated data protection official & an audited data protection management concept
  4. Brandslisten is made in the EU and hosted in Germany
  5. We protect our customers: Through regular safety tests

Facebook will remain an important marketing channel

Social media can and should remain an important component in the marketing mix; however, after a revaluation that has now suddenly become necessary, it becomes more than clear: It is high time for a real cash check.


Please contact us, if you would like to do this together with us.


Note: Mavens is the mother company of Brandslisten. We are true fans of this solution, but quite biased.

Photo Credit: norsez on VisualHunt / CC BY-NC-ND

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