Last year we had a controversial move by Meta, when it switched to charging users in the European Union for an ad-free subscription for access on Facebook and/or Instagram, except if they agreed to have their profiles tracked so it could continue to serve ads.
The move has sparked a series of complaints from consumer rights groups. Complaints are subject to the block's data protection rules.
Meta currently charges users in Europe €9,99/month on the web or €12,99/month if purchased from mobile to opt out of seeing ads on Facebook and Instagram. The only other option EU users have if they want to access Facebook and Instagram is to agree to their tracking, which means the offer is: pay for your privacy or “pay” for free access by losing your privacy.
Eight consumer rights groups from across Europe have lodged complaints with national data protection authorities against this 'consent or pay' option. the European consumer organization BEUC announced today — which is a member and coordinating body of the groups.
“It is important that any consent given by consumers is valid and meets the high bar set by law, which requires that consent be free, specific, informed and clear. This is not the case with Meta's 'consent or pay' model," they argue in a blog post, adding that Meta seeks to "force consumers to accept the processing of their personal data."
“Meta keeps consumers in the dark about its data processing, making it impossible for the consumer to know what happens to the processing if they choose one option or the other. The company also fails to demonstrate that the fee it imposes on non-consenting consumers is actually necessary, which is a requirement set by the Court of Justice of the EU.”
The eight consumer groups, located in the Czech Republic, Denmark, Greece, France, Norway, Slovakia, Slovenia and Spain, argue that Meta does not have a valid legal basis for processing individuals' data for ad targeting under the General Data Protection Regulation (GDPR) and that the company processes personal data in a way that is "fundamentally incompatible with European data protection law".
E.K.POI.ZO he says
Eight Consumer Associations, including E.K.POI.ZO., members of the European Organization of Consumers (BEUC), today submitted complaints to the national authorities for the protection of personal data (APDPH) against Meta, as the technological giant does not comply with the rules of the General Data Protection Regulation (GDPR) and Law 4624/2019 concerning the protection of the individual from the processing of personal data. Specifically, it forces consumers to either pay to receive a supposedly ad-free service, or consent to full commercial tracking by the company, with targeted ads.
specifically:
- The huge collection of the tech giant's personal data goes against the principles of the General Data Protection Regulation (GDPR) to ensure lawful and fair processing, data minimization and purpose limitation.
- The "pay or consent" model that Meta has imposed on consumers is a deception method to circumvent the real problem of illegal data processing.
In addition, Meta does not rely on any valid legal basis to justify the mass data collection it attempts from Facebook and Instagram users, because the choice it imposes on its users does not lead to their free and informed consent. It is particularly important that consent is considered valid only when it is based on the free decision of the user.
It is noteworthy to mention that it is quite difficult for many consumers to stop using Meta's services, as Meta has a dominant position in the market, and its applications are now essential tools for communication and information sharing between users here and enough time. Under these circumstances, the choice of how consumers wish to have their data processed is not free.
Through its illegal practices, Meta feeds the tracking-based advertising system, which tracks consumers online and collects vast amounts of personal data, in order to serve targeted ads to specific consumers or groups of consumers. This data concerns, for example, data about users' activities, location, behavior, habits and emotions. This is also the main way Meta makes its profits. This intrusive system is not understood in a democratic society.
Meta has repeatedly tried to justify the massive commercial tracking it imposes on its users. The unfair "pay or settle" option is the company's latest attempt to legitimize its business model. Business models based on tracking are inconsistent with the implementation framework of the General Data Protection Regulation (GDPR).
Those complaints follow on from those submitted by consumer associations including E.K.POI.Z.O., members of the European Consumer Organization (BEUC), in November 2023 to the European Commission, through the Network for cooperation between of the EU member states in the field of consumer protection, for the unfair, deceptive and aggressive marketing practices by which Meta imposes a “fake” choice to consumers.
Today's complaints are based on the General Data Protection Regulation (GDPR) and legislation governing the protection of personal data.
In conclusion, consumer associations call on the Authorities to take action on Meta's unfair and misleading choice to consumers.
