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Consent DecreeCritical Risk

FTC Settles Meta for $5B Over Privacy Deception and Consent Order Violation

Facebook, Inc.July 24, 2019Federal Trade Commission

Penalty Amount

$5,000,000,000

Summary

The FTC charged Facebook with deceiving consumers about its privacy practices and violating a 2012 consent order. In July 2019, Facebook agreed to pay a $5 billion civil penalty and accept comprehensive new privacy restrictions.

Remedy

Facebook must pay a $5 billion civil penalty and comply with injunctive relief that imposes sweeping new privacy restrictions.

Monetary PenaltyInjunction

Contract Impact

In-house legal teams should review all customer agreements (e.g., terms of service), vendor contracts, and data processing addendums for clauses related to privacy promises, user consent for data collection and sharing, breach notification procedures, data retention and deletion policies, audit rights, and regulatory compliance. Given the FTC's findings of deceptive practices and violation of the 2012 Consent Order, contracts must be updated to ensure privacy representations are clear and non-misleading, incorporate explicit consent mechanisms for data sharing, mandate compliance with FTC orders, enhance security standards, and strengthen breach notification protocols. Specific changes may include adding language on FTC adherence, revising indemnification to cover privacy breaches, and ensuring data sharing is contingent on verifiable user consent.

Contract Search Terms

privacy representationsdata sharing consentFTC order compliancebreach notification clausedata retention scheduleaudit rightsconsumer consent mechanismssecurity safeguardsindemnification for privacy violationsopt-out mechanism

Violation Types

Entity Details

Entity

Facebook, Inc.

Also known as: Meta

Industry

Social Media

Official Sources

Source Evidence

Entity Name
"In the Matter of Facebook, Inc., a corporation"
Fine Amount
"FTC Imposes $5 Billion Penalty and Sweeping New Privacy Restrictions on Facebook"
Event Date
"July 24, 2019"
Remedy Types
"Stipulated Order for Civil Penalty, Monetary Judgment and Injunctive Relief"
Violation Types
"The FTC alleged that Facebook violated its privacy promises to consumers and subsequently violated a 2012 Commission order."

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