Following BGH ruling on Facebook data leak: VZBV submits collective legal action

• BGH: 100 euros is suitable compensation for “mere loss of control” over data.
• vzbv collective action helps those affected to enforce their rights more easily
• Use the vzbv news alert to get the latest on the collective action

Following the ruling by the German Federal Court of Justice (BGH) on the Facebook data leak, the Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband e.V. – vzbv) brought a collective legal action against Meta Platforms Ltd. on 9 December 2024. The legal action helps millions of victims in Germany to exercise their compensation claims against Facebook for free. Additionally, this step means that consumers’ right to claim compensation does not expire when the year ends. The BGH ruled that 100 euros was suitable compensation in individual cases relating to Facebook user's “mere loss of control” over their own data.

“With this collective legal action, the Federation of German Consumer Organisations paves the way for millions of Facebook users in Germany to obtain compensation following the Facebook data leak. The Federation of German Consumer Organisations helps those affected to exercise their rights,” says Jutta Gurkmann, Director of Consumer Policy at vzbv.

Claims can no longer expire

The vzbv collective action prevents that the right to compensation expires by the end of 2024 for consumers who decide to participate. Those affected and interested in joining can wait until 2025, when they will be able to join the collective action.

The collective action is aimed at Facebook users who were affected by the well-publicised Facebook data leak from 2021. Users are likely entitled to compensation of at least 100 euros. Consumers who join the collective action can claim compensation for free. 

Due to the Facebook data leak personal data of 533 million people worldwide became public. According to media reports, this affected around six million Facebook accounts in Germany. 

The stolen data could be used for, among other things, spam, phishing texts, and identity theft.

Be part of the collective action

The Federation of German Consumer Organisations submitted the collective action as a model declaratory action. The purpose of this is to establish requirements for compensation claims and amounts, so that victims can exercise their rights more easily.

Consumers are not yet able to join the collective action. The Federal Office of Justice must first open registration for the legal action. This is expected to happen in early 2025. vzbv will keep you informed.

Interested parties and those affected by the data leak can already register for the vzbv news alert. They will then receive information on the latest developments concerning the collective action. For example, they will receive an email as soon as registrations opens, allowing them to be part of the collective action.

More information on the legal action is available (in German) at www.sammelklagen.de/verfahren/facebook.

Consumers themselves can check whether they have been affected by the data leak. Information is available at verbraucherzentrale.de.

Federal Court of Justice ruling

The German Federal Court of Justice (BGH) ruled that 100 euros was suitable compensation in individual cases relating to Facebook user's loss of control over their own data. Details can be found in the ruling of 18 November (Ref. VI ZR 10/24). The ruling on the Facebook data leak makes it easier for those affected to obtain compensation. According to the BGH, they are no longer required to provide evidence that they were personally harmed by the data leak. Simply being affected by the leak is sufficient.