August 2020 Updates to Facebook Terms and Conditions

Changes to Facebook Terms


As you may be aware, Facebook has announced updates to its business terms, effective August 31st.  In order to prepare you for this change, we have highlighted below the material changes to the Terms , along with an explanation as to why those changes were made.  Please see below, and reach out to [email protected] with any questions:


  • Business Tools Terms:
    • 1.a.ii. “‘Event Data’ is other information that you share about people and the actions that they take on your websites and apps or in your shops, such as visits to your sites, installations of your apps, and purchases of your products. While Event Data does include information collected and transferred when people access a website or app with Facebook Login or Social Plugins (e.g. the Like button), it does not include information created when an individual interacts with our platform via Facebook Login, Social Plugins, or otherwise (e.g. by logging in, or liking or sharing an article or song). Information created when an individual interacts with our platform via Facebook Login, Social Plugins, or otherwise is governed by the Platform Terms.”
      • The language above was added in response to the CJEU (Court of Justice of the European Union) determination that the collection and transmission of certain data should be subject to a joint controller relationship.  Specifically, data transmitted from an advertiser to Facebook is subject to a joint controller relationship; however, if someone interacts directly with Facebook (via login, likes, shares, etc.), that person has deliberately chosen to interact with Facebook and Facebook is then an independent controller with appropriate data controls.
    • 1.h. “You will not share Business Tool Data with us that you know or reasonably should know is from or about children under the age of 13 or that includes health, financial information or other categories of sensitive information (including any information defined as sensitive under applicable laws, regulations and applicable industry guidelines).”
      • The language above was added in order to adopt industry standards around behavioral advertising (NAI, DAA, etc.), or category-specific guidelines governing alcohol, tobacco, etc.
    • 2.a.iii.1. “You may provide Event Data to target your ad campaigns to people who interact with your business. You may direct us to create custom audiences, which are groups of Facebook users based on Event Data, to target ad campaigns (including Website Custom Audiences, Mobile App Custom Audiences, and Offline Custom Audiences). Facebook will process Event Data to create such audiences for you. You may not sell or transfer these audiences, or authorize any third party to sell or transfer these audiences. Facebook will not provide such audiences to other advertisers unless you or your service providers share audiences with other advertisers through tools we make available for that purpose, subject to the restrictions and requirements of those tools and our terms.”
      • The language above was added in order to provide clarity into how co-marketing audiences can be applied and shared; from a functionality standpoint, nothing changed in terms of the creation and use of retargeting audiences.


  • Custom Audience Terms
    • New clause added (6): “You acknowledge that Facebook offers tools to provide transparency to people about how Facebook advertising works, to explain why people are shown specific ads, and to allow people to control their ads experience. You also acknowledge that Facebook does not disclose to you which individual users comprise your Audience created based on your Hashed Data.”
      • The language above refers to a feature (launched in January 2020) that enables users to use Ads Preferences to determine which Custom Audiences have included (or excluded) them and offers them control over Custom Audience participation.


  • Data Processing Terms
    • 1.1.6. “Facebook will make available to you all information that is reasonably necessary to demonstrate Facebook’s compliance with its obligations as a Processor under these Data Processing Terms and, to the extent the GDPR applies to your Processing of Personal Information under these Data Processing Terms, under Article 28 of the GDPR.”
      • The language above stipulates that Article 28 applies only within those areas governed by GDPR; otherwise neither will apply.


Lastly, it should be noted that the classification of Facebook as a Joint Controller necessitated the creation of the Controller Addendum; it is recommended that advertisers review the Addendum and take appropriate action where necessary.


Download Comparison Breakdown of T&C Changes