The Federal Court of Justice (BGH) in Germany ruled on Monday that Facebook users whose data was unlawfully collected in 2018 and 2019 are entitled to compensation, even without providing evidence of financial loss, Reuters reports.

The BGH stated that the mere loss of control over personal online data constitutes sufficient grounds for compensation.

Thousands of Facebook users in Germany have filed claims against Meta, alleging insufficient safeguards for their data. The issue stemmed from Facebook’s “Friend Search” feature, which allowed third parties to access users’ accounts and harvest their data.

Overruling Initial Dismissals
While a lower court in Cologne had initially dismissed these claims, the BGH directed the case for reconsideration. The court suggested that a claim for damages up to €100 might be reasonable without proof of financial harm, though demands for €1,000 could be excessive.

The ruling also emphasized that the transparency and comprehensibility of Facebook’s terms and conditions, as well as whether users had truly consented to data sharing, must be carefully examined.

Meta’s Stance
Meta has argued that affected users failed to provide evidence of specific damages, negating the basis for compensation. A spokesperson for Meta criticized the decision, stating, “This ruling contradicts recent laws established by the European Court of Justice.”

The company also noted that over 6,000 similar claims had previously been dismissed by German courts, with judges ruling no entitlement to compensation. Meta maintains that this incident was not a data breach, nor was its system hacked.

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