Use Instagram GDPR compliant. Follow these instructions:

The GDPR compliant use of Instagram

First of all, we have to clarify whether consent is required in order to integrate Instagram GDPR compliant.

Due to the fact that the integration of Instagram is not necessary for the operation of the website, the integration requires consent.

In principle, the integration of Instagram can only be carried out on the basis of consent, since other legal bases are not suitable.

An agreement according to Art. 26 GDPR must be concluded with Meta Platforms Ireland Ltd.. The essential points must be made available to the data subject, in particular who the data subject can contact to exercise their rights.

1. Obtain explicit consent from users by opt-in

Before Instagram becomes active on the website and begins to collect user data, the user must first give their explicit consent. If the user refuses to consent, which must also be possible - Instagram must not be activated. No data is allowed to be forwarded to the 3rd party. This opt-in procedure is mandatory in order to comply with data protection regulations.

2. Always offer the option to revoke the consent (opt-out)

Even if the user has agreed to the use of Instagram, he or she must still be given the opportunity to reverse this decision and deactivate tracking at any time. For this reason, it is necessary to provide an opt-out procedure that is easy for the website visitor to access at any time. The user must be able to revoke his consent. The option to revoke must be just as easy as the option to consent.

3. Mention Instagram in the privacy policy completely, simply and transparently

The privacy policy on your website must be comprehensive, transparent and accurate. It should be readable and understandable by anyone, even without legal training. It is important to include a section on Instagram that clearly describes what data is collected, for what purpose it is used and who is responsible for it, as well as whether data is shared and what legal basis applies.

Privacy Statement for the Service InstagramWhen accessing some sub-services of our website, additional personal services are processed. Processed data categories: technical connection data of the server access (IP address, date, time, requested page, browser information)data about the use of the website and the logging of clicks on individual elements. Purpose of processing: Selection of online advertising on other platforms, which are automatically selected using real-time bidding based on user behavior and provision of social media services. The legal basis for processing: Your consent according to Art. 6 (1) a GDPR. Data is transmitted: as joint controllers for Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. This may also mean a transfer of personal data to a country outside the European Union. The data is transferred to the USA on the basis of Art. 45 GDPR in conjunction with the European Commission's adequacy decision C(2023) 4745, since the data recipient has committed to comply with the data processing principles of the Data Privacy Framework (DPF). 

4. Additional Information

In addition to the above information, the data protection information must also contain the mandatory information from Art. 13 or 14 GDPR: Name and contact details of the controller, if necessary the contact details of the data protection officer, the purposes for which the personal data are to be processed, the legitimate interests, if the processing is based on Article 6 (1) f GDPR, the duration of the processing, information on the rights of the data subjects including the right to lodge a complaint with a supervisory authority, the possibility of simply revoking consent given, and information as to whether the Provision of the data is required by law or contract or what the possible consequences of non-provision would be. In the event that the data is used for automated decision-making, including profiling, meaningful information about the logic involved and the scope and impact on the data subject must be provided. The processing of the data must also be documented in the list of processing activities in accordance with Art. 30 GDPR. The information required for this can already be found in the privacy statement, which can be created from the previous information.

5. Formulate the consent in an understandable manner and present it clearly. Do not use dark patterns.

Before the user agrees or rejects the use of Instagram, he must be informed in detail about the respective purposes. Therefore, a precisely formulated consent text is of great importance. This should also be placed so that it is immediately recognizable for the user. The user's consent must be active. Individual services must not be preselected.

6. Use a Consent Management Provider CMP (cookie banner/cookie popup/cookie bar)

Different names, but usually the same purpose. CMP supports you with consent (opt-in and opt-out, data protection declaration and other GDPR topics. Technical support is recommended with regard to the GDPR and consent management in order to avoid errors.

Our consent tool for Instagram: legal web Privacy Cloud CMP

Legal Web Privacy Cloud supports you in the legally compliant integration of Instagram. The following functions are provided to you by our Consent Manager platform.

• Legally compliant cookie popup for opt-in and opt-out
• Complete privacy policy including purposes, data categories, recipients, ...
• Correct imprint
• Automatic updates when legislation changes

With Legal Web Privacy Cloud we offer an all-in-one GDPR package for your website and your webshop. Worry-free, legally compliant and always up to date with the latest legal bases and support for Instagram.