Meta Fined €200 Million for Its ‘Pay or Consent’ Strategy

Data Privacy,
Data Security

European Commission Issues 500 Million Euro Fine Against Apple

Meta Fined 200 Million Euros for its 'Pay or Consent' Model
Mark Zuckerberg, CEO of Facebook, at a press conference in Paris on May 24, 2018. (Image: Frederic Legrand / Shutterstock)

European regulators have taken action against Facebook, issuing a substantial fine of 200 million euros for allegedly circumventing privacy regulations. The European Commission found that Facebook’s approach forced users to either subscribe to a paid model or allow the monetization of their personal data by advertisers, thus violating privacy rights.

In addition, Apple was fined 500 million euros for not adequately informing users about alternative app download options. Both fines mark a significant enforcement action under the Digital Markets Act, a 2022 regulation aimed at fostering competition and curbing the dominance of major technology firms.

On April 23, the commission stated that Facebook’s practices did not offer users a genuine choice regarding their consent for personal data usage in advertising. The fine is notable as it represents the first enforcement of the Digital Markets Act against such high-profile companies. European authorities emphasized the need for compliance with these regulations to protect consumer rights and encourage fair competition.

In November 2023, Facebook introduced a subscription option for European users following regulatory feedback which rejected its prior justification for personal data collection aimed at delivering personalized ads. Critics argue that behavioral advertising breaches privacy unless explicit user consent is obtained, allowing alternatives that do not rely on extensive tracking.

The company’s “pay or consent” model underwent further modifications in November 2024, leading to the introduction of a no-cost option that provides “less personalized ads.” However, the efficacy and legality of this new offering remain under evaluation by regulators. The recent fine addresses Facebook’s practices during key compliance periods set by the Digital Markets Act, specifically from March 2024 through November 2024.

Henna Virkkunen, the European Executive Vice President for Tech Sovereignty, Security, and Democracy, stated that the fines reflect a strong commitment to safeguarding the rights of European citizens while fostering innovation within the technology sector.

Reacting to the fine, Meta, Facebook’s parent company, announced plans to appeal, contending that the European Commission’s actions unfairly aim to hinder successful American firms. Joel Kaplan, Meta’s Chief Global Affairs Officer, criticized the commission for imposing what he describes as a multi-billion-dollar tariff on their operations, impacting service delivery standards.

European privacy advocate Max Schrems, known for successful legal challenges against Facebook, opined that the commission’s actions will likely drive further operational changes at the company. He described the new ad option as a superficial solution, alleging that Meta continues to offer a false dichotomy in user choice.

Apple also indicated plans to contest its fine, asserting that the commission is unjustly targeting the company, which ultimately undermines user privacy and security, and imposes unfavorable conditions on product offerings. As these enforcement actions evolve, U.S. businesses must remain vigilant about compliance with international data protection regulations and the potential implications for operations abroad.

Source link