Trouble looms large over using of Facebook's 'Like' button

The operator of a website that features a 'Like' button can be a controller jointly with Facebook with respect to the collection and transmission to Facebook of the personal data of visitors to its website.

London: Europe's top court has warned all the tech giants on Monday that they might face trouble for transmission of users data even if they don't click the Facebook's 'Like' button.

"The operator of a website that features a Facebook 'Like' button can be a controller jointly with Facebook in respect of the collection and transmission to Facebook of the personal data of visitors to its website," said the Court of Justice of European Union in its ruling.

In the 'Fashion ID' case, the German online cloth retailer 'Fashion ID' used to embed the Facebook's 'Like' button on their website as it allowed transmission of the visitor's personal information to Facebook Ireland.

"It seems that that transmission occurs without that visitor being aware of it and regardless of whether or not he or she is a member of the social network Facebook or has clicked on the 'Like' button," said the ruling.

Fashion ID was held responsible by the German public service association for the negligence of transferring its user's information Facebook Ireland.

The court has also emphasised the fact that 'Fashion ID' cannot be considered to be a controller in respect of the operations involving data processing carried out by Facebook Ireland after those data have been transmitted to the latter.

Fashion ID's embedding of the Facebook ‘Like' button on its website allows it to optimise the publicity for its goods by making them more visible on the Facebook social network when a visitor to its website clicks on that button.