Germany: Cologne Higher Regional Court issued a decision finding Meta’s use of public user data for AI training compliant with GDPR and DMA

On 23 May 2025, the 15th Civil Senate of the Cologne Higher Regional Court rejected an application by the Consumer Advice Center NRW against Meta Platforms Ireland Limited in an expedited proceeding. The application sought to prevent Meta from using publicly made user data for artificial intelligence (AI) training, which was scheduled to begin on 27 May 2025. Following a preliminary review, the Court determined that Meta had not violated provisions of the General Data Protection Regulation (GDPR) or the Digital Markets Act (DMA). The assessment aligned with the Irish Data Protection Authority (DPA) and the Hamburg Commissioner for Data Protection and Freedom of Information, who considered the processing legally possible under certain conditions. The Court preliminarily assessed the announced use of data for AI training as lawful under Article 6(1)(f) of the GDPR without requiring user consent, citing Meta's legitimate purpose, the necessity of large data volumes, and the outweighing of Meta's interests after considering implemented mitigation measures. The Court also found no violation of DMA Article 5(2) regarding data merging, noting that Meta's approach does not combine data from different services for a single user. The judgment was issued in summary proceedings and is final for this expedited case.