Land Court Cologne Halts Snapchat AI Advertising Engine Over Chat Data Processing
The Regional Court of Cologne has ruled that Snap Group Limited cannot use consumer chat interactions with its My AI chatbot to fuel personalized advertising. The decision, handed down on September 17, 2026, under file number 33 O 120/24, stems from a legal challenge brought by the Federation of German Consumer Organisations (vzbv). While the judgment is not yet legally binding, it establishes standards for advertising from AI chats.
Snapchat is directed at persons aged 13 and older. Before a user engaged with the My AI assistant for the first time, the platform presented a popup. According to the vzbv, that interface stated: “My AI kann von dir angegebene Informationen verwenden, um die Produkte von Snap Inc. zu verbessern und dein Nutzererlebnis zu personalisieren, unter anderem Anzeigen.” The court ruled that Snap must refrain from processing data gathered through My AI for advertising purposes without a legal basis, as described in the popup.
Data Protection Authorities and the Strict Application of Article 9
The legal mechanism driving the Cologne court’s prohibition centers on the prioritization of special categories of personal data under Article 9 of the GDPR. The judicial panel determined that Article 9 acts as a special rule (lex specialis) that blocks the application of Article 6 general processing grounds. Because users type unscripted text into a conversational AI, conversations frequently drift into sensitive territory regarding health concerns, relationship matters, or political views. Without explicit consent or another exception under Article 9, the court ruled that the processing must cease.
The judgment granted the claim in full. It prohibits processing data gathered through My AI for advertising purposes, securing advertising consent via pre-checked boxes in settings menus, and defaulting minor accounts into advertising categories like “alcohol” and “gambling.”
Pre-Checked Boxes and the Invalidation of Default Opt-Ins
The court scrutinized Snap’s preference menus, noting that pre-selected checkboxes for sharing user data with “third-party advertising networks” and the evaluation of internet activities outside the app fail to meet the standard of consent. Snap defended the pre-checked options as a method for exercising the right to object under Article 21 of the GDPR. The court rejected this, establishing that an objection is a reactive measure that applies only to processing already operating under a lawful basis.
Failure to comply with the injunction carries a coercive fine of up to 250,000 €. Beyond the core injunctions, the court ordered Snap to pay the vzbv 242,99 € plus interest and to bear the costs of the legal proceedings.
Advertising Restrictions for Minor Accounts
The Cologne court’s ruling targets the default selection of “alcohol” and “gambling” as advertising themes for minor accounts. The court clarified that these categories were already active in the settings without the users having selected them themselves.
Whether an appeal has been filed is not known; an official statement from Snap regarding the ruling is also not known. The judgment is provisionally enforceable; the injunction against a security deposit of 20,000 €.
