A recent investigation by Stiftung Warentest, Germany’s leading consumer protection organization, revealed that users can in theory claim up to €10,000 in damages—without needing to present concrete proof of unlawful data use. However, the path to compensation is long, legally complex, and not advisable for everyone.
Meta Tracks User Activity Across External Websites, Often Without Consent
Meta’s business model relies on delivering targeted advertising. To achieve this, the company collects and analyzes vast amounts of user data—not only from activity within its platforms but also via third-party websites. This is done using tracking technologies such as pixels and conversion APIs, which can record user behavior even on external sites. As a result, Meta is capable of building highly detailed personal profiles—frequently without users’ knowledge.
According to Stiftung Warentest, many popular websites including Airbnb, Tripadvisor, Bild.de, and even Tagesschau.de incorporate Meta tracking elements. The situation becomes particularly sensitive when such trackers are embedded in websites dealing with personal issues like mental health, addiction, sexual orientation, or dating—categories that are considered especially protected under the GDPR.
User Control Over Data Is Severely Limited
While users can adjust browser settings for maximum privacy or install ad blockers, these measures are often ineffective—particularly against Meta’s more advanced tools like the conversion API. For the average user, it is virtually impossible to detect or stop the background transmission of data.
Lawsuits Against Meta May Succeed Even Without Proof of Specific Misuse
Despite the technological opacity, affected users still have legal options. Stiftung Warentest noted that a lawsuit against Meta could be successful even if no direct data breach is proven. It is often sufficient to demonstrate that one has an active Facebook or Instagram account and regularly visits websites that include Meta trackers. The burden of proof would then shift to Meta, which would be required to show that no data had been collected—a claim that is nearly impossible to substantiate.
First Step: File a €10,000 Compensation Claim
Before taking legal action, Stiftung Warentest recommends submitting a formal claim for €10,000 in damages directly to Meta. The organization has provided a template letter for this purpose. However, since Meta is unlikely to respond with a voluntary payment, further legal steps would probably be necessary.
Legal Costs and Insurance Complications
Taking Meta to court requires hiring a lawyer, which can lead to substantial expenses. These costs may be covered by legal insurance, but Stiftung Warentest journalist Christoph Herrmann cautioned that some insurers terminate coverage after the first or second legal case. Anyone who also uses their legal insurance for other matters—such as employment or tenancy issues—should carefully check whether their policy protects against contract termination in multiple cases per year.
A Long and Uncertain Legal Journey
Even those who sue without insurance must be prepared for thousands of euros in legal fees, which are only reimbursed if the case is won. Given Meta’s pattern of pursuing legal battles through all available appeals, the process could stretch over several years. Herrmann concluded: “Without legal insurance, a lawsuit against Meta is generally not advisable.”
Nevertheless, the investigation sends a clear message: individuals do have the power to resist mass data collection by tech giants, even if the legal route is difficult. Data protection rights in the European Union are not just symbolic—they can be enforced, provided users are willing to take on the challenge.
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