The data protection NGO noyb, founded by Max Schrems, announced on Wednesday in a broadcast that the European Data Protection Board (EDSA) had prohibited Metas from “circumventing” the consent to the EU General Data Protection Regulation (GDPR) via a clause in the terms and conditions.
“Heavy blow to business model”
The privacy advocate Schrems describes this as a “heavy blow to Meta’s business model in Europe”. The decision affects three complaints from noyb from 2018. Meta, which also owns the social network Instagram and the news service WhatsApp, must therefore obtain a “yes/no” option from users for personalized advertising in the future.
“Not just unfair, but illegal”
“Rather than having a yes/no option for personalized ads, they just moved the opt-in clause to the terms and conditions. Not only is this unfair, it’s clearly illegal. We’re not aware of any other company that has tried to impose GDPR on this.” arrogant manner,” explained noyb founder Schrems.
The EDPB overruled an earlier draft decision by the Irish Data Protection Authority (DPC), which ruled that Meta’s circumvention of the GDPR was lawful. According to noyb, other forms of advertising (e.g. contextual advertising based on the content of a page) are not prohibited by the decision. However, everyone must now be able to use the apps without personalized advertising.
Appeal with little chance
“This is a serious blow to Meta’s profits in the EU,” concludes Schrems. The decision ensures a level playing field with other advertisers who also have to obtain user consent.
Noyb expects Meta to appeal the decision in the Irish courts, but the chances of winning such an appeal are seen as minimal following a binding decision from the EDPB. Users could then also take action against the illegal use of their data in the last 4.5 years.
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