Given this broad interpretation, the issue of common control will continue to grow in importance. This is especially true for companies that share personal data with other companies, including not only online space or the use of social networks and social media plugins, but also other areas of data processing, such as. B shared application management and data sharing platforms or cooperative relationships between multiple companies with centralized data collection. On 29 July 2019, the European Court of Justice (“ECJ”) issued its judgment in the Case of Fashion ID (C-40/17). The ECJ found that Facebook and the site operator become common controllers when a website operator inserted Facebook`s “Like” button on its website. The case clarifies the relationship between website operators and social networking sites whose plug-ins are integrated into online tracking and marketing websites. The ruling is expected to affect the contractual terms that companies need to incorporate these social plugins on their websites, and may also have implications for adtech practices in general. The ECJ will then consider with determination the existence of a common decision on the funds and, on the other hand, on the purposes of the treatment. Since, according to the European Court of Justice, the site operator and Facebook are common data managers when collecting and transmitting data relating to the DE LIKE feature, these two interests must be taken into account for accounting purposes.
This interpretation is quite broad. And it is interesting to note that the court referred to the RGPD`s definition of common treatment managers that there is joint control “If two or more treatment managers jointly determine the purposes and means of treatment.” The question therefore arises as to whether a joint review can take place independently of an agreement on the terms of treatment, but only because they both contribute to it. Such a conclusion would once again underline that the role of the parties in data protection is completely independent of any agreement between them.