Facebook’s Win Sets Privacy Precedent

Quebec magistrate Michel Déziel, J.S.C. recently dismissed a class action lawsuit against Facebook over alleged consumer privacy law violations. “Quebec courts do not have jurisdiction on the litigation,” stated Deziel in his judgement. “All the users of Facebook accepted, while joining the site, to submit all the eventual recourses to the California courts of the district of Santa Clara. Customers are not subject to the direction of the Civil Code of Quebec since their adhesion to the site is free.”

Quebec civil law is based on French law and this Facebook victory establishes a case law precedent which may be used to challenge the jurisdiction of the impending European Union Data Privacy Directive in EU courts, using French legal principles.
The precedent grants Facebook the right to have privacy suits heard in an American court exclusively and also calls into question the ability of EU consumer privacy laws to truly impact American companies which utilize implicit “opt-in” rules for membership to free services.
Although Viviane Reding, vice president of the European Commission and EU justice commissioner, believes that EU rules ought to apply to European data “independently of the area of the world in which [Europeans’] data is being processed,” this is virtually unworkable on a country-by-country basis because the definition of consent for data usage varies by region.
The Facebook case may be used by other American firms operating abroad to support their claims that membership agreements and privacy policy acknowledgements are firm legal equivalents of data usage consent, and American court jurisdiction.
https://digiday.com/?p=5787

More in Media

From sidelines to spotlight: Esports events are putting creators center stage

Esports events’ embrace of content creators reflects advertisers’ changing priorities across both gaming and the wider culture. In the past, marketers viewed esports as one of the best ways to reach gamers. In 2025, brands are instead prioritizing creators in their outreach to audiences across demographics and interest areas, including gaming.

Condé Nast and Hearst strike Amazon AI licensing deals for Rufus

Condé Nast and Hearst have joined the New York Times in signing a licensing deal with Amazon for its AI-powered shopping assistant Rufus.

Media Briefing: AI payouts may be entering a new era 

AI compensation is evolving — and new models, not just publisher demands, are driving the shift beyond flat-fee licensing.