Meta’s ‘Consent or Pay’ Model Faces GDPR Complaints in Europe

Consumer Groups Challenge Meta’s Controversial Data Practices

Meta’s decision to charge EU users for ad-free access to Facebook and Instagram—unless they consent to data tracking—has sparked fresh legal challenges. Eight consumer rights groups across Europe have filed GDPR complaints, arguing the policy violates fundamental privacy rights.

The Core Controversy

• Pay-for-Privacy Model: EU users must choose between:
  • €9.99/month (web) or €12.99/month (mobile) per linked account for ad-free access
  • Free service with mandatory tracking and profiling
• Legal Basis Questioned: Groups argue this “binary choice” fails GDPR standards for valid consent

Key Legal Arguments

Consumer organizations, coordinated by BEUC, assert Meta’s approach breaches GDPR in multiple ways:

1. Invalid Consent Framework

   • Consent isn’t “free” when tied to financial pressure
   • Lack of transparency about data processing changes between options

2. Violations of Core Principles

   • Purpose limitation
   • Data minimization
   • Fair processing
   • Transparency

3. Questionable Legal Basis

   • Analysis finds no valid justification for current ad-targeting practices
   • Content personalization methods lack clear legal foundation

Potential Consequences for Meta

If regulators side with complainants:

• Financial Penalties: Up to 4% of global annual revenue
• Business Model Impact: Potential order to cease unlawful data processing
• Regulatory Scrutiny: Additional pressure from Digital Services/Markets Acts

Broader Context

This isn’t Meta’s first GDPR challenge regarding its EU operations:

• Previous complaints targeted pricing structures and consent mechanisms
• Privacy advocates argue the model represents “surveillance capitalism”
• Parallel actions underway under consumer protection laws

What’s Next?

• National DPAs must investigate the new complaints
• EDPB guidance on “consent or pay” models pending
• Potential coordinated enforcement from multiple regulatory fronts

“Meta’s offer is smoke and mirrors to cover up the same old data hoovering,” said BEUC’s Ursula Pachl, emphasizing the stakes for European digital rights.

Key Takeaways:

• Meta’s EU subscription model faces mounting legal challenges
• Consumer groups allege multiple GDPR violations
• Outcome could force significant changes to Meta’s data practices
• Decision may set precedent for “pay-for-privacy” models under EU law

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