Privacy policy template for use with the Facebook “like” button

The German magazine ‘Der Spiegel’ reported recently that more and more online businesses have been receiving warning letters for using the Facebook “like” button.

Facebook Like-Button

Facebook’s “like” button and data protection law

As the Facebook “like” button automatically transfers personal details to third parties, the warnings are usually for having embedded the button without correctly modifying the privacy and data protection policy. There is debate in the legal profession as to whether privacy policies need to be amended in order to take account of such buttons. If you want to avoid the stress of receiving a warning letter, the law firm WILDE BEUGER SOLMECKE has developed a privacy policy template which should address the issue and prevent you receiving a warning letter. Provided reference to our website (including a link) is made, this privacy policy template is freely available for use:

IMPORTANT! In accordance with guidance published by the Independent State Data Protection Centre on 19.08.2011 where use of Facebook plug-ins on a website is made, it must be ensured that no data transfer to Facebook takes place on the first visit to the website:

——————————————————————————————————————————————————————

The following privacy policy template is freely available for use by anyone, provided reference (including a link) to our law firm is made:

——————————————————————————————————————————————————————

If you wish to embed Facebook plug-ins using the “two click” method mentioned above, we recommend using the following privacy policy notice.

You may visit our website without providing personal details. Your personal details will only be collected if you freely disclose them during your visit to our website or internet profile.

Our website contains links to the external social network, Facebook. This external social network is exclusively operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304 USA (Facebook). Links to Facebook are made clearly visible on our website through the use of the Facebook logo or through the add-on “like” button (Facebook plug-ins are not used).

Where these links are followed, Facebook plug-ins will be activated and your browser will establish a direct link with the Facebook servers.

If you follow the links on our website whilst you are signed into your Facebook user account, information concerning your visit to our website will be passed to Facebook. Facebook can assign your visit to our website to your user account.

This information will be transferred to and stored by Facebook. To prevent this, you must log out of your Facebook account before clicking on the link.

Functionalities attached to Facebook links, in particular the transfer of information and user data are not automatically activated by visiting our website, but are only activated upon clicking the relevant link.

Please refer to Facebook’s privacy policy (http://de-de.facebook.com/privacy/explanation.php) for more information on: the purpose and scope of data collection and data analysis undertaken by Facebook, your rights, how to modify settings and how to protect your privacy.

If you have any questions about data collection, analysis and use of personal data, disclosure, amendment, blocking and deletion of personal data contact: (Name and address of contact for data protection or data protection ombudsman)

This privacy policy was produced by WILDE BEUGER SOLMECKE and can be found on https://www.wbs-law.de

——————————————————————————————————————————————————————

Should you decide not to use a “two click” solution as advocated here, you may use the following privacy policy template, provided reference is made to our law firm:

Privacy and data protection policy

You may visit our website without providing personal details. Your personal details will only be collected if you freely disclose them during your visit to our website or internet profile.

Our website contains programmes (plug-ins) operated by the social network Facebook. These programmes are exclusively operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304 USA (Facebook). The plug-ins are clearly visible on our website through the use of the Facebook logo or through the add-on “like” button.

When visiting our website or profile containing such a plug-in, your browser will establish a direct link with the servers operated by Facebook; as a result the content of the plug-in will be transferred to your browser and embedded in the website being shown.

If you visit our website whilst signed into your Facebook user account, information concerning your visit will be transferred to Facebook. Facebook can assign your visit to our website to your user account. Information arising from interaction with the Facebook plug-ins (such as by clicking the Facebook “like” button or by leaving a comment) will be directly transferred to and stored by Facebook. To prevent this you must log out of your Facebook account before visiting our website.

Please refer to Facebook’s privacy policy (http://de-de.facebook.com/privacy/explanation.php) for more information on: the purpose and scope of data collection and data analysis undertaken by Facebook, your rights, how to modify settings and how to protect your privacy.

If you have any questions about data collection, analysis and use of personal data, disclosure, amendment, blocking and deletion of personal data contact: (Name and address of contact for data protection or data protection ombudsman)

This privacy policy was produced by WILDE BEUGER SOLMECKE and can be found on https://www.wbs-law.de

——————————————————————————————————————————————————————

You can find further privacy policy templates here: Datenschutzerklärungen
——————————————————————————————————————————————————————

Disclaimer:

Please be advised: the true extent of the way in which Facebook uses data transferred to it is unknown. As a result it is not possible to produce a privacy policy statement which satisfies every legal eventuality. Even if the “two-click” solution advocated on these pages is adopted, it cannot be excluded that data protection rules may be broken when transferring data to Facebook. WILDE BEUGER SOLMECKE therefore accepts no liability for third party claims arising either directly or indirectly as a result of the use of the privacy policy templates provided on these pages or as a result of the adoption and/or reliance on the “two-click” solution to embed Facebook plug-ins.

Christian Solmecke is a partner at the law firm WILDE BEUGER SOLMECKE. He is the author of numerous legal publications in the area of internet and IT law. He is also an associate lecturer for social media law at the Cologne University of Applied Sciences.

Do you like this article? Feel free to rate it now:

1 Stern2 Sterne3 Sterne4 Sterne5 Sterne (1 Ratings, Average: 5.00 of 5)

Free initial assessment

Use this form to request a free initial assessment. → TIP: If you have received a warning letter or other correspondence, you can attach it directly to your query. This will speed up the assessment.
  • Since we´re calling you for a free initial assessment, we would need to have your phone number.
  • Anything between 09:00 am and 08:00 pm.
  • Please tell us briefly what your query is about. This will make it easier for us to allocate your query to the correct contact person.
  • Drop files here or
    Accepted file types: doc, docx, pdf, txt, rtf, jpg, tiff.
    Please attach your documents through this form field. Allowed file types are .doc, .docx, .pdf, .txt, .rtf, .jpg and .tiff. You can upload a maximum of 5 files. If your document consists of multiple files, please try to merge the files to one file. As an alternative solution you can send your documents via email to info@wbs-law.de.
  • This field is for validation purposes and should be left unchanged.