“If a surfer doesn’t have an own Facebook account, Facebook from now on will have to explicitly solicit consent and provide the needed explanations,” the Brussels court of first instance said.
Monday’s ruling follows a months-long suit that started in June when Belgium’s data protection regulator accused Facebook of violating EU privacy law by tracking people without their consent using the so-called ‘datr’ cookie. The tracking cookie was placed on an internet user’s system when they visited a Facebook.com site or ‘Liked’ a page on other websites. This allows Facebook to monitor the user’s browsing habits in order to better target advertising to them.
The Brussels court ordered the Silicon Valley company to stop their tracking activities in Belgium within 48 hours or pay a daily fine of up to €250,000.
“Facebook cannot follow people on the internet who are not members of Facebook which is very logical because they cannot have given permission to follow them,” said Margot Neyskens, spokeswoman for Bart Tommelein, Belgian secretary of state for the protection of privacy, in an emailed statement.