Germany: Announced BfDI ruling in investigation into Federal Press Office Facebook Fanpage

On 17 February 2023, the Federal Commissioner for Data Protection and Freedom of Information (BfDI) informed the Federal Press Office that its use of a "Facebook fan page" to keep citizens informed does not comply with data protection standards. The BfDI asked for the Facebook fan page to be deleted, noting the lack of an effective legal basis for data processing and that the Telecommunications-Telemedia Data Protection Act requires consent before non-essential cookies or similar tracking technologies are used. The BfDI noted that the cookies in use in connection to the fan page are more than eight, of which only a few's purposes are known. Finally, the BfDI noted that the Facebook banner asking for consent on cookie use no longer has any options when choosing "optional cookies". Previously, other cookies benefitting businesses outside of Meta could be refused. The Federal Press Office has four weeks to implement the order.