EU Civil Groups Challenge Meta’s Privacy Workaround
Nearly two dozen civil society organizations and nonprofits, including prominent names like EDRi, Access Now, noyb, and Wikimedia Europe, have voiced their concerns through an open letter to the European Data Protection Board (EDPB). They are urging the EDPB to disapprove of a strategy implemented by Meta, which they believe is designed to sidestep the European Union’s privacy regulations for commercial benefits. This strategy, known as “consent or pay,” compels users of Facebook and Instagram to agree to tracking practices, a tactic that has sparked widespread debate and is now under scrutiny ahead of an EDPB meeting expected to provide guidance on the issue.
Meta’s “Subscription for no ads” offer, which is at the heart of this controversy, has been defended by the company as compliant with EU laws. Meta argues that this model aligns with the latest regulatory developments and judgments from the highest court in Europe, the Court of Justice of the European Union (CJEU), which endorsed such subscription models as a legitimate way for users to consent to data processing for personalized advertising. However, this has not quelled the concerns of privacy advocates and has led to the European Union launching a formal investigation into whether Meta’s tactics breach obligations under the Digital Markets Act (DMA), focusing on competition and market dynamics.
The EDPB’s upcoming opinion on the “consent or pay” model is highly anticipated, as it is expected to set a precedent on how the General Data Protection Regulation (GDPR) applies to such strategies. Although the opinion will address the model in a general sense rather than focusing solely on Meta, the outcome could significantly impact how services that employ “consent or pay” are viewed under EU data protection and competition laws. The rights groups behind the open letter argue that endorsing such a model could undermine the principles of freely given consent and prioritize commercial interests over individual rights, setting a concerning precedent for privacy and data protection in Europe.
As the debate over “consent or pay” models continues, the EDPB’s decision will be crucial in shaping the future of data protection and privacy in the EU. With the potential to influence not only Meta’s practices but also how other companies approach user consent and data monetization, the outcome of this discussion could have far-reaching implications for both consumers and businesses in the digital marketplace.
