Continuation of the Federal Government’s social media activities: Cologne Administrative Court dismisses lawsuit
The Cologne Administrative Court ruled on July 24, 2025 (Case No.: 13 K 1419/23) that the federal government may continue to operate its information page on the social media platform Facebook. The decision is of great significance for the practice of public relations by government agencies and touches on key aspects of data protection law as well as the tension between the state’s duty to inform and the individual rights of users. Below, MTR Legal Rechtsanwalt analyzes the background, the decision, and the broader implications of this judgment.
Background: Social media as a tool for government public relations
Diverse target groups and communicative reach
Digital communication channels have become an indispensable tool of governmental communication. Through profiles on social networks, authorities can reach target groups that are no longer addressed to the same extent by traditional media. For years, the federal government has operated its own so-called “fan page” on Facebook, where current information, statements, and explanations of legislative initiatives as well as references to service offerings are published.
Data protection challenges
The operation of such fan pages is not without controversy. In particular, data protection experts argue that interacting with social networks regularly involves the processing of personal data in third countries. The data processing carried out by the platform operator Meta (Facebook) and the possible transmission of personal data to recipients outside the European Economic Area (EEA) have long been the subject of legal and political discussion.
Lawsuit against the operation of the fan page: Dispute over admissibility
Initiative by the data protection authority
In this case, the Federal Commissioner for Data Protection and Freedom of Information (BfDI) requested that the federal government discontinue operation of the fan page. The background to this request was the view that the federal government, as a so-called “joint controller” under Article 26 (1) of the General Data Protection Regulation (GDPR), acts together with Meta and is thus jointly responsible for compliance with data protection requirements. The main issue was whether data protection-compliant processing of visitors’ personal data could be guaranteed on the fan page.
Court’s reasoning
The Cologne Administrative Court dismissed the lawsuit against the further operation of the Facebook page. It found that the operation of a fan page by public authorities is generally permissible as long as the purpose of public relations is pursued and data processing takes place within the framework of legal requirements. The mere possibility that the use of Facebook may result in data being transferred to third parties or to third countries, in the court’s view, is not sufficient to assume a general violation of the GDPR.
In particular, the court examined the federal government’s obligations with regard to its role as “joint controller.” The mere fact that Meta, as the technical operator of the platform, has significant control over data processing does not release public authorities from their co-responsibility – however, in the court’s opinion, there is currently no legal obligation to shut down the page.
Further considerations and implications of the decision
Balancing information interests and data protection
The court recognized the significant public interest in low-threshold access to official information. Shutting down the Facebook presence would mean that certain target groups would only have limited access to government communications. These interests must be weighed against existing data protection concerns.
Implications for the practice of government communication
The decision strengthens the ability of government agencies to choose their communication channels, as long as they can demonstrate proportionality and legality of data processing. Nevertheless, it remains unclear to what extent and by what technical measures the state can adequately fulfill its co-responsibility for data protection on joint platforms. Complete legal certainty in this regard does not yet exist, particularly as long as decisions by higher or supreme courts on key issues—such as the validity of standard contractual clauses in international data transfer—are still pending.
Reference to ongoing proceedings
It remains to be seen how other, especially data protection courts at the national or European level, will judge similar cases. The decision of the Cologne Administrative Court is not yet legally binding. Further developments in the appeals process should be taken into account.
Challenges for companies and organizations
The current decision primarily affects government agencies, but also provides companies and other organizations that operate social media fan pages with valuable guidance on the interpretation and application of data protection obligations. In particular, the requirements for informing users and designing joint controller agreements with platform operators are expected to gain in importance. Data protection supervisory authorities may refer to the judicial balancing now performed in future proceedings, whereby an individual case-by-case assessment remains essential.
Source reference
The information presented in this article is based on the reasoning of the judgment of the Cologne Administrative Court, published on urteile.news: https://urteile.news/VG-Koeln13-K-141923Bundesregierung-darf-Facebook-Fanpage-zur-Oeffentlichkeitsarbeit-weiterbetreiben~N35250.
For further questions regarding the data protection framework for online communication or for assistance in designing legally compliant public relations, the Rechtsanwalt at MTR Legal are happy to assist you.
