NEWSLETTER-2019-metin

282 NEWSLETTER 2019 and apps, as well as on third-party websites and smartphones, could be combined and assigned to the user’s Facebook account 5 . Third-party sources collect the data by using the corporate services of WhatsApp, Oculus, Masquerade, and Instagram, which are owned by Facebook, and through the use of third-party websites and apps 6 . If a third-party website has embedded “Facebook Business Tools,” e.g. the “Like” button, “Facebook login,” or analytical services, such as “Facebook Analytics,” data will be transmitted to Facebook via APIs when the user calls up that third-party website for the first time 7 . As per Facebook’s terms and conditions, even if users have blocked web tracking in their browser or device settings, this data can be combined with data from the user’s Facebook account and used by Facebook. In accordance with Facebook’s terms and conditions, this data can be combined with the data from the user’s Facebook account and used by Facebook, even if users have blocked web tracking in their browser or device settings 8 . Pursuant to the FCO, these terms and conditions are neither justified under data protection principles, nor are they ap- propriate under competition law standards 9 . Such combination of data sources and building a unique database on each individual user 10 by Facebook attracted the FCO’s attention. Then the FCO initiated a proceeding against Facebook Inc., USA, the Irish subsidiary of the company, and Facebook Germany GmbH, Ham- burg, in March, 2016 11 . The initial suspicion focused on Facebook’s terms and conditions of use that may possibly violate data protection provisions. However, in the case in question, it found that Facebook’s usage of terms and conditions could represent an abusive imposition of unfair conditions on its users 12 . Therefore, the FCO investigated whether Facebook has abused its possibly dominant position in the 5 Please see. fn. 4. 6 Please see. fn. 4. 7 Please see fn. 4. 8 Background information, p. 1. 9 Please see fn. 8. 10 Background information, p. 1. 11 Please see. https://www.bundeskartellamt.de/SharedDocs/Meldung/EN/Presse- mitteilungen/2016/02_03_2016_Facebook.html (Access date: 03.03.2019). 12 Please see fn. 11.