Reasons for the decision of the Regional Court of Karlsruhe: Admissibility of notifications about unread Facebook posts
On January 24, 2022, the Regional Court of Karlsruhe (Case No.: 13 O 32/2 KfH O) issued an important clarification regarding the data protection and competition law admissibility of notification functions on social networks. At the center of the proceedings was the question of whether the Facebook platform may display prominent notes to its users about unread posts.
Background of the legal dispute
The subject of the court proceedings was the platform’s practice of displaying clearly visible notices such as ‘1 unread message’ in the header area of the user interface to registered members. A competition association considered this to be an inadmissible, misleading act, contrary to the interests of consumers, under the Act Against Unfair Competition (UWG) as well as under data protection law principles.
Legal considerations of the court
The Regional Court critically evaluated the notification and thoroughly examined its compatibility with applicable law. In particular, the focus was on the potential misleading effect on users and possible violations of data protection law and corporate due diligence requirements.
No deception in the marketplace
The court denied a violation of competition through deception. The decisive factor was that the reference to ‘unread news’ corresponds to the objective recipient perspective and thus does not create false impressions for the average user. The notification merely reflects that there is content not yet taken note of—regardless of its substantive or personal relevance.
Distinction from aggressive business practices
Furthermore, it was examined whether the design and placement of the notices could be regarded as unreasonably intrusive or harassing. However, the court made it clear that the notification itself does not create psychological pressure or inappropriate influence. According to the court’s explanations, users are sufficiently accustomed to the dynamics of social networks and can generally classify advertising notices such as these appropriately. Therefore, in the view of the Regional Court, the design of the notice does not constitute an unreasonable nuisance.
Aspects of data protection law
In the context of data protection concerns, the court finally addressed the question of whether the use of such notifications could represent data processing beyond the purpose of use. It emphasized that, in the present context, no additional collection or use of personal data takes place; rather, it is a display based on usage data already present on the platform.
Significance of the decision for providers of digital services
The recent decision of the Regional Court of Karlsruhe makes it clear that notification features in online services, provided they are designed transparently and are readily understandable to the recipients in their content, do not generally constitute violations of competition law or data protection rules. Rather, this grants providers a certain degree of leeway in designing their user interfaces. However, the individual assessment always depends on the specific case, especially on the wording, presentation, and frequency of such notices, as well as the expectations of the particular user base.
Classification and outlook
The ruling provides important guidance for the development and implementation of interaction and notification mechanisms in social media and comparable digital offerings. However, a final clarification of whether and to what extent individual design features may be relevant under competition or data protection law remains subject to ongoing case law and the specific circumstances of individual cases. Companies should therefore continue to monitor case law carefully and regularly check whether the functions they use comply with current requirements.
Note on ongoing developments
It should be noted that this legal assessment is based on the facts and legal situation applicable at the time of the decision. Legislative changes as well as further supreme court rulings may alter future assessments. The further development of legislation and case law therefore remains to be seen.
For companies, digital platforms, and affected market participants, a reliable legal classification of corresponding notices and notification practices can be of considerable importance. For questions regarding permissible communication mechanisms on platforms, issues arising from data protection law or competition law, the lawyers at MTR Legal are pleased to provide an individual review and assessment of the respective situation.
