Meta’s EU Ad-Free Subscription Faces Privacy Backlash: Is It Fair?

Privacy Group Challenges Meta’s ‘Pay or Okay’ Model

Meta’s controversial ad-free subscription model in the EU, which forces users to choose between paying for privacy or surrendering their data, has drawn sharp criticism from privacy advocates. The Austrian nonprofit noyb has filed a formal complaint with Austria’s data protection authority, arguing that the pricing structure unfairly pressures users into accepting invasive tracking.

The Cost of Privacy: A Hefty Fee for EU Users

Meta’s subscription pricing breaks down as follows:

  • €9.99/month (web) or €12.99/month (iOS/Android) for the first linked Facebook and Instagram account
  • Additional €6/month (web) or €8/month (iOS/Android) per extra account starting March 2024

For a user with both Facebook and Instagram, the minimum annual cost to avoid tracking exceeds €250—far higher than the €62.88 Meta reportedly earns per European user annually from ads.

Why Is This a Problem?

noyb argues that Meta’s pricing is deliberately prohibitive, effectively coercing users into surrendering their privacy rights. Key concerns include:

  • Financial Burden: Many EU citizens, including the complainant (who receives unemployment assistance), cannot afford these fees.
  • Domino Effect: If other apps adopt similar models, privacy could become a luxury few can afford.
  • GDPR Compliance: The EU’s General Data Protection Regulation (GDPR) requires consent to be freely given, which noyb claims is impossible under this pricing structure.

Meta’s Defense: Compliance and Choice

Meta maintains that its model aligns with EU law, citing a Court of Justice of the EU (CJEU) ruling that permits subscription-based consent. A spokesperson stated:

“The subscription option balances regulatory requirements while giving users choice and allowing Meta to continue serving EU users.”

Meta also compares its pricing to services like YouTube Premium, Spotify, and Netflix, though critics argue these are poor comparisons since Meta profits from user-generated content, not licensed media.

The Bigger Picture: A Threat to Digital Rights?

noyb warns that if Meta’s approach succeeds, it could set a dangerous precedent:

  • Average smartphone users (with ~35 apps) could face a €8,815.80/year “privacy tax.”
  • A family of four might pay €35,263.20/year—more than the EU’s average full-time income.

Max Schrems, noyb’s founder, criticized the model as a regression:

“Fundamental rights should be available to everyone. Meta’s approach risks making privacy a privilege for the wealthy.”

What Happens Next?

noyb has urged Austrian regulators to take urgent action, including:

  1. Halting Meta’s data processing under this model.
  2. Imposing a deterrent fine to prevent copycat behavior.

The case could become a litmus test for the EU’s ability to enforce digital privacy rights against Big Tech’s evolving tactics.


Meta’s pricing strategy raises critical questions about the future of privacy in the EU. Will regulators intervene, or will users be forced to choose between affordability and their fundamental rights?


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