Meta wants users of services like Facebook to either consent to the processing of their data or pay a high subscription fee. After an analysis, the EDPB has decided that such a binary approach is not in line with European rules.

Either you allow Meta to show you personalized advertising on platforms like Facebook and Instagram, or you opt out and pay up to 12.99 euros per month for an ad-free version of the services. In this way, Meta hoped to comply with the letter of European legislation, with a subtle middle finger to the European Commission as a bonus. The European Data Protection Board (EDPB) has now reviewed this approach and found that a binary solution does not meet the requirements. Politico knows this.

Previous research

The EDPB’s perspective is important for any further steps the EU can take against Facebook. The EDSA is clear: the binary choice of either taking what Meta asks or paying is not a correct solution for Meta to comply with European legislation.

The European Commission had previously opened an investigation into Meta’s practices. The EDPB’s interpretation now makes it very likely that the Commission will also come to the conclusion that Team Zuckerberg’s tactics are not working. In this case, Meta, like all other major platforms, must comply with European legislation.

Bad pupil

This has traditionally been a big challenge for people at Facebook. Meta had previously incorrectly assumed that she could interpret EU rules better than the EU and its judges. A few years ago, for example, it countered a binding ruling by the Court of Justice of the European Union with its own view of the facts, which was intended to indicate that the court was wrong. To no one’s surprise, this approach made no difference.

The “Agree or Pay” model is a new attempt by Meta to ignore the spirit of European rules as much as possible. The fact that this approach results in huge fines does not seem to stop Meta from acting maliciously again and again. If meta doesn’t want to break the bank again, it needs to adhere to the DMA fairly.