Meta and social network operators must not “transform the fundamental right to data protection” in one “paid option”estimated the European Data Protection Board (EDPB), in an opinion delivered Wednesday April 17. “Platforms must give users real choice. The systems we see today generally require individuals to either pay or consent to the use of all their data.”declared Anu Talus, president of the European regulatory committee.
Platform operators “must ensure at all times to avoid transforming the fundamental right to data protection into a functionality that users must pay to benefit from”, she argued. This highly anticipated opinion from the body which brings together the data protection authorities of the countries of the European Union – as well as those of Norway, Iceland and Liechtenstein – targets the subscription formula recently launched by Meta ( Facebook, Instagram).
Since November 2023, Meta has offered European users of its two main social networks the choice between continuing to use these services free of charge by agreeing to provide their personal data for targeted advertising purposes, or paying a subscription to no longer see them. advertisements.
Contacted by The worldthe parent company of Facebook and Instagram reacted to the EDPB opinion by declaring that “ Last year, the Court of Justice of the European Union ruled that the subscription model was a legally valid way for companies to seek people’s consent for personalized advertising.. The company thus believes that “ the opinion given [mercredi] by the EDPB does not modify this judgment and the advertising-free subscription complies with European legislation ».
Consider “an equivalent alternative at no cost”
European Meta users can subscribe for 9.99 euros per month on the web, or 12.99 euros if they do it from the iOS or Android apps. This system is presented by the group as a way of complying with European rules on data processing which have already earned it several convictions and fines.
However, privacy advocates see it as an unfair practice, a violation of consumer rights. The EDPB’s opinion was requested by the data protection authorities of the Netherlands, Norway and Hamburg (Germany).
In this paid subscription system, “most users consent [au traitement de leurs données] in order to use the service and do not understand the full implications of their choices”, depending on the organization. Large platforms are required to consider “an equivalent alternative at no cost”specifies the EDPB. “This free alternative should be free of targeted advertising, for example with forms of advertising based on a much smaller volume of personal data, or even not involving the processing of personal data”he continues.
For the regulator, “this is a particularly important factor” to assess the validity of consent of users of online platforms under European data protection rules. Finally, platform operators “must assess on a case-by-case basis whether costs [d’abonnement] are an appropriate solution, and if so by what amount” And “ask yourself what negative consequences – exclusion from an important service, deprivation of access to professional networks, loss of content, etc. – would result for a user refusing to pay these fees”.
Two complaints filed
Two complaints were recently filed against Meta for its position on the matter: one by the Austrian non-governmental organization None of Your Business (NOYB), the other by a group of consumer associations from eight countries. As part of both procedures, the American group is accused of violating the GDPR.
More recently, Friday March 15, thirty-nine MEPs returned to this paid option in a open letter addressed to Meta: “We urge your business to abandon the ‘pay or go’ model and align with the principles of GDPR, respecting the fundamental rights of EU citizens. »
On March 19, following discussions with privacy regulators, the Meta group also proposed reducing the cost of the monthly subscription for Facebook and Instagram by almost half, from 9, 99 euros to 5.99 euros. “It actually has nothing to do with money, the problem is the whole ‘pay or go’ approachreacted Max Schrems, activist at the head of the NOYB organization, from the Reuters agency. We do not believe that simply changing the price will make this approach legal. »