The European Data Protection Board (EDPB), similar to the US Federal Trade Commission (FTC), has sent a notice to several European telecommunication companies, including Meta, expressing concern over their advertising practices. The EDPB argues that Meta and other companies are targeting ads towards internet users who have no choice but to pay in order to view them, which goes against the fundamental principles set out by the European Union’s General Data Protection Regulation (GDPR).
One of the main reasons why the EDPB prohibits this practice is because it undermines free and informed consent. Meta considers its users’ data as a lawful aspect of data processing and justifies its actions by claiming to have “lawful grounds” for doing so. However, European authorities disagree and believe that users should have the ability to choose which information they provide for targeted advertising.
The EDPB states that it is unrealistic to expect users to make an informed choice between adhering to strict consent rules or simply agreeing or disagreeing to join a platform. The way information is presented, such as through creative styles, layouts, colors, and text, can heavily influence users’ decisions.
To encourage genuine choice, the EDPB suggests that platforms like Facebook should offer alternative business models that do not require the use of personal data for targeted advertising. The European Data Protection Board chair, Talus, argues that online platforms should soon be required to offer subscription models that allow users to choose between base consent or paying for ad-free experiences.
Data protection practitioners can expect strong enforcement of the EDPB’s directives, as the rules are designed to protect individuals’ data privacy. This measure has been long-awaited and is seen as a positive step towards strengthening data protection in the EU. Privacy advocate Max Schrems also emphasizes the need for Meta to provide clear guidelines to users, as confusion may arise if personalized ads are no longer available or if users are forced to accept them.
Meta’s response to the EDPB’s decision remains uncertain. The company heavily relies on user activity data for targeted advertising, and any changes in its operations to comply with the decision may impact its business. However, the EDPB’s stance reflects the European Union’s commitment to protecting individuals’ data privacy and ensuring that people have control over their own information. By regulating these practices and new business models, authorities can prevent data from being used for economic dominance.
This article was originally published in Reuters.
