BfDI Appeals Facebook Fan Page Ruling, Issues Social Media Guidance for Public Authorities

Bonn, 22 August 2025

Press release 11/2025

Fan page proceedings go into the next round

BfDI publishes guide on the legally compliant use of social networks

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The Federal Commissioner for Data Protection and Freedom of Information (BfDI) appeals against the judgment of the Administrative Court of Cologne of 17 July 2025 in the case of Facebook-Fanpages. Thus, the proceedings are submitted to the next higher court, the Oberverwaltungsgericht Münster (Higher Administrative Court, Münster).

Since the outcome of the appeal proceedings is difficult to estimate in terms of time and law, the BfDI offers the Federal Government and the other public bodies of the Federal Government intensive support and advice on how social networks can be used in the meantime in accordance with the law. The judgment of the VG Köln is of course respected.

I want to put an end to the legal uncertainty in the use of social media by federal public authorities, which is why we are publishing a guide today informing authorities about the necessary steps they have to take in order to use social networks in a legally secure manner," said Prof. Dr. Specht-Riemenschneider. "Of course, we see how important it has become for the state to communicate on social networks. However, the respectively applicable conditions remain completely unclear and can only be determined either by the legislature or by a final court ruling.

It is not a question of punishing authorities for using social media. The BfDI rather aims at conclusively and unambiguously clarifying the conditions for legally compliant use, which have not yet been clarified by either the law or the highest courts. Thereby, authorities shall be enabled to communicate digitally with citizens, Prof. Dr. Specht-Riemenschneider concluded. The private use of social networks is subject to other conditions and is not affected by the procedure.

Click here for the handout.