Schrems v Facebook: The Consumer Definition in the Framework of Digital Social Networks

Abstract

Case C-498/16 Maximilian Schrems v Facebook Ireland Limited [2018] ECLI:EU:C:2018:37 On the interpretation of the term ‘consumer’ in the context of digital social networks and the application of consumers jurisdiction rules to claims assigned by other consumers domiciled in the same Member State, in other Member States or in non-member countries. The Court of Justice of European Union interpreted Article 15 of Council Regulation No 44/2001 as meaning that the activities of publishing books, lecturing, operating websites, fundraising and being assigned the claims of numerous consumers do not entail the loss of a private Facebook account user’s status as a ‘consumer’. Furthermore, Article 16 of Regulation No 44/2001 must be interpreted as meaning that it does not apply to the proceedings brought by a consumer for the purpose of asserting, in the courts of the place where he is domiciled, not only his own claims, but also claims assigned by other consumers domiciled in the same Member State, in other Member States or in non-member countries. Articles 15 and 16 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; OJ 2001 L 12/1