EU Rights Groups Challenge Meta’s “Consent or Pay” Model
Over two dozen digital and democratic rights organizations, including notable entities such as noyb and Wikimedia Europe, have raised their voices against a controversial tactic employed by Meta, aimed at bypassing the European Union’s stringent privacy regulations. These groups have formally appealed to the European Data Protection Board (EDPB), the governing body for data protection within the EU, to take a firm stand against the “consent or pay” model.
This model essentially forces users into a dilemma: either consent to tracking for targeted advertising or pay a fee of at least €9.99 per month for an ad-free experience. This approach, according to the groups, directly contravenes the General Data Protection Regulation (GDPR)’s mandate that consent must be freely given, thus potentially creating a significant loophole that could undermine the essence of privacy rights across the bloc.
Meta’s strategy marks a departure from its earlier practices, following successful challenges under the GDPR. The company had previously justified its data processing activities on the grounds of contract performance and legitimate interest. However, the current “consent or pay” model has sparked widespread concern, not only because it imposes a financial burden on privacy but also because it seems to exploit legal grey areas, pushing the boundaries of what is considered voluntary consent under the GDPR. This has led to a broader debate about whether privacy is a universal right or a privilege for those who can afford it.
The urgency of this issue was highlighted when three national data protection authorities (DPAs) from Norway, the Netherlands, and Hamburg reached out to the EDPB, seeking its guidance on the matter. This move aims to preempt any unilateral decisions by individual DPAs, particularly Ireland’s, which is Meta’s lead regulatory authority in the EU. The EDPB’s response is eagerly awaited, as it is expected to provide clarity on the legality of the “consent or pay” model, potentially setting a precedent for how data protection laws are applied across various sectors, beyond just social media and digital advertising.
The implications of the EDPB’s impending decision cannot be understated. It holds the potential to shape the future landscape of the internet in Europe, balancing the scales between user privacy and the business models of tech giants. As the deadline for the EDPB’s opinion draws near, the digital rights community remains on edge, hopeful for a ruling that upholds the fundamental right to data protection and prevents the emergence of a digital divide based on financial capability. This case serves as a critical test of the EU’s resolve in enforcing its own privacy standards and protecting its citizens from invasive business practices.
Source: European digital rights groups say the future of online privacy is on a knife edge | TechCrunch
