A court in Germany has ruled that Facebook’s default privacy settings and some of its terms and conditions breached local laws.

The Berlin court passed judgement late last month but the verdict was only made public this week.

The legal challenge, which dates back to 2015, was filed by a local consumer rights association, the vzbv.

It successfully argued Facebook’s default privacy settings breach local consent rules by not providing clear enough information for the company to gather ‘informed consent’ from users when they agreed to its T“Facebook hides default settings that are not privacy-friendly in its privacy centre and does not provide sufficient information about this when users register,” said Heiko Dünkel, litigation policy officer at vzbv, in a statement.

“This does not meet the requirement for informed consent.”

Pre-formulated declarations of consent are clearly on borrowed time in the European Union, as the bloc will shortly have an updated data protection framework — GDPR — which strengthens and clarifies the rules around obtaining consent to process personal data.

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