The European Data Protection Board (EDPB) has issued non-binding guidance that finds Meta's 'consent or pay' model is unlikely to be found valid if the only choice for consumers is to either give up all of their personal data, or pay a subscription fee for privacy.
noyb's GDPR complaint asserts Meta’s privacy fee makes it impossible for existing service users to withdraw consent without paying. That in turn flies in the face of a GDPR stipulation (found in Article 7).
noyb notes that the ultimate outcome of this GDPR complaint could set a precedent that makes online privacy very expensive. If Meta's ad-free model is ultimately legitimized, it is likely that all other apps supported by targeted advertising will adopt the same scheme.
Meta is now looking at an EU ban after the EDPB reached a decision on a case referred from Norway. The terms of the decision require Meta to stop behavioral advertising across most of the EU by November 10.
Fine imposed by the Norwegian data protection authority in August could be expanded to the entirety of the EU, subjecting Meta to extensive daily penalties until it makes big changes to tracking ads. Decision could potentially spark an EU ban.
Since the GDPR went into effect in 2018, Meta has done nearly everything possible to claim legitimate interest to avoid user consent for collecting personal information for targeted ads. The company appears to have finally reached the end of its rope in this area, though a recently announced changeover to a consent basis.
Meta is facing a total of $20 million in fines in Australia due to misleading consumers about personal data usage. Facebook Israel and VPN service Onavo Protect promised to keep user data private and safe, but were sharing collected personal information with Meta for use in its targeted advertising systems.
For every day that Meta remains out of compliance during the 90-day period, it will be assessed the equivalent of $100,000. The fine period would run until the end of October, and should Meta be out of compliance for the full duration it would end up paying a total of $9 million.
Meta has now lost that case in the EU's highest court, opening the door for other antitrust law investigations in the bloc to incorporate data privacy violations and frame them as part of a systemic abuse of market position.
Privacy concerns may be getting lost in the stampede to find a 'better Twitter,' as researchers warn that Meta's new app collects much more sensitive personal information than comparable platforms.









