Schleswig-Holstein Higher Regional Court: Meta may continue to use customer data for AI training for the time being
On August 13, 2025, the Schleswig-Holstein Higher Regional Court (OLG), in preliminary injunction proceedings, set an important precedent in the area of data protection law, balancing technical innovations with the protection of personal data. At the heart of the dispute is the question of the extent to which Meta Platforms Ireland Limited – operator of the social networks Facebook and Instagram – is permitted to use customer data for the training of its artificial intelligence systems. In its latest decision, the immediate prohibition of such data processing was rejected, with the court expressly clarifying that this decision is preliminary and still subject to final judicial review.
Subject of dispute: AI training based on personal usage data
Background of the legal dispute
The proceedings are based on complaints from several users who assert that Meta’s announced and partially already implemented use of their data for AI training purposes violates key requirements of the General Data Protection Regulation (GDPR). This concerns all content that is posted on the aforementioned platforms after registration and which could potentially allow conclusions to be drawn about the identity, preferences, or communication behavior of individuals.
Timeline and procedural history so far
After Meta publicly announced its intention to process usage data for training purposes, numerous data protection organizations and individuals took action to prompt a swift judicial clarification. The Kiel Regional Court initially denied the application for a preliminary injunction against Meta, thereby supporting the company’s position.
The applicants appealed this decision to the Schleswig-Holstein Higher Regional Court, which has now rendered a final ruling on the preliminary measure.
Key aspects of the judicial review
Balancing data protection and freedom of innovation
In its decision, the OLG emphasized the need to carefully balance the affected legal interests. On one side is the fundamental right to informational self-determination of users, protected by the GDPR. Opposing this is the company’s legitimate interest in technical innovation and advancement of AI-supported systems – in other words, economic and innovation-related considerations.
Preliminary nature of the decision
The Higher Regional Court particularly emphasized that the decision to reject the preliminary injunction does not equate to a final assessment of the material lawfulness of the data processing. The main proceedings are still pending, and a comprehensive evaluation of the GDPR-compliance of AI training based on personal data is yet to take place.
Reasoning for the current rejection
A key factor for the dismissal of the urgent application was that, through the use of objection options – such as the opt-out mechanisms implemented by Meta – a certain level of protection is already in place. Moreover, fundamental and complex legal questions, in particular regarding the scope of consent and the limits of legitimate corporate interests according to Art. 6 GDPR, must be reserved for in-depth examination in the main proceedings.
Implications for companies and those affected
Impact on platform providers’ practice
The current decision allows Meta to continue using personal data for AI training purposes for the time being, as long as there is no final prohibition. However, this does not establish a general precedent for other platform operators – rather, the decision is highly dependent on the specific circumstances of each case.
Ongoing uncertainties for users
For users of the affected platforms, the situation remains uncertain for now, as the question of final legal admissibility is still unresolved. In particular, requirements for transparency and effective objection options will play a significant role in future proceedings.
Reference to the European data protection landscape
The decision of the OLG Schleswig-Holstein must be seen in the broader context of a Europe-wide debate about the data protection-compliant development of artificial intelligence systems. The case illustrates that the ongoing integration of AI into existing and new digital structures creates significant legal uncertainties, which could soon also be addressed by the European Court of Justice (ECJ).
Conclusion and outlook
With its recent decision, the Higher Regional Court has enabled the provisional continuation of AI training based on personal usage data on Facebook and Instagram, but has expressly stated that a final decision is still pending. The case highlights the complexity of the interplay between technological progress and data protection law.
As future developments in this area are of great importance for companies and individuals, the judgment in the main proceedings, as well as any further decisions by higher courts, are likely to have a significant impact on the design of future data processing procedures.
If you have any questions regarding the legal framework for the data protection-compliant processing of personal data for AI systems, the attorneys at MTR Legal are happy to assist you personally.
