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ARTICLE · 05 JUNE 2025

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Use Of Personal Data For AI Training Does Not Violate DMA According To Higher Regional Court Of Cologne

PwC Legal Germany
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The Higher Regional Court (OLG) of Cologne ruled on May 23, 2025 regarding the permissibility of using personal data for training artificial intelligence (AI) by Meta (Case No. 15 UKl 2/25). The core issues...

GermanyTechnology
Malgorzata Wojtas
Malgorzata Wojtas
Heiner Mecklenburg
Heiner Mecklenburg
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The Higher Regional Court (OLG) of Cologne ruled on May 23, 2025 regarding the permissibility of using personal data for training artificial intelligence (AI) by Meta (Case No. 15 UKl 2/25). The core issues included data protection concerns of Meta's practices and whether the planned use of publicly accessible data from European users on Facebook and Instagram for AI training purposes violates Article 5(2)(b) of the Digital Markets Act (DMA).

Background of the decision

Since May 27, 2025, Meta has been using publicly posted content from adult users in Europe on Facebook and Instagram to train its AI models. The data is intended to be used for the language model "LLaMA" and the chatbot tool "Meta AI", similar to ChatGPT. Users were informed either through in-app notifications or via email and had the opportunity to object to the use. Explicit consent under GDPR was not obtained.

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