Snap Group Illegally Processed Snapchat Data, Court Rules
The Regional Court of Cologne has ruled that Snap Group illegally processed user data via its “My AI” chatbot, specifically prohibiting the company from using data collected through the AI for advertising without a sufficient legal basis. The decision follows a lawsuit filed by the Verbraucherzentrale Bundesverband (vzbv) regarding the messaging service, which is available to users starting at age 13.
The court found that Snap Group violated both data protection and youth protection regulations. According to the ruling, the company processed sensitive personal information—including photos, voice messages, and data regarding sexual orientation or religion—to create personalized advertising profiles. This processing occurred without the explicit consent required by the General Data Protection Regulation (GDPR). For users under 16, the law requires the consent of legal guardians, a mechanism the court noted was not provided by Snapchat.
Snapchat Used Pre-Selected Checkboxes to Simulate User Consent
The court criticized the app’s transparency and consent mechanisms. Before the first use of “My AI,” the app displayed a notice stating that information could be used to improve products and personalize ads, but it did not obtain a valid legal basis for this processing. The LG Köln determined that Snapchat used pre-selected checkboxes in the “ad preferences” section to simulate user consent.
These default settings included:
- The transfer of data to third-party advertising networks.
- The tracking of user activities outside of the Snapchat application.
- The evaluation of all chat inputs for personalized marketing.
Snapchat Failed to Protect Minors from Alcohol Ads
Beyond data privacy, the court reprimanded the platform for its failure to protect minors. The ruling highlighted that advertising for gambling and alcohol was pre-selected in the profiles of underage users. Evidence showed that even after these options were manually deselected, an app notification indicated that such ads would still be displayed.
The consumer protection group demonstrated these failures using a fake profile of a 14-year-old. When asked which cocktail tastes the best, the “My AI” chatbot responded by suggesting Mojitos, Margaritas, and Piña Coladas, telling the underage user to “try them out!” The court viewed this as a violation of the legal prohibition against directing alcohol and gambling advertising at children and adolescents.
Legal Status of the Ruling
The court emphasized that minors aged 13 and older are not as aware of the dangers of sharing sensitive data as adults are. Referencing Federal Court of Justice case law, the judge stated that consent via pre-selected checkboxes is ineffective and does not meet legal requirements. The ruling prohibits the company from continuing these practices.
The judgment from the Regional Court of Cologne is not yet legally binding.