Data Sharing and Legal Responsibility
The case centers on the use of real-time bidding, a process where ad space is sold in milliseconds as a user opens an app. According to Datatilsynet, when users in Norway launched Grindr, their personal data was sent through Xandr and potentially shared with numerous companies in the advertising industry. Because Grindr serves gay, bisexual, trans, and queer users, the regulator determined that app usage alone could reveal a person’s sexual orientation. Under European data protection rules, this constitutes sensitive data requiring explicit consent for processing.
Xandr argued that it assumed Grindr had obtained valid consent from its users and did not independently verify this. The regulator rejected this defense, ruling that Xandr shared legal responsibility with Grindr for the data breaches. Datatilsynet Director General Line Coll stated, "Responsibility for data protection cannot be delegated to others," emphasizing that each company must independently ensure it has a legal basis for using the data it procures.