According to the complaint, Meta ignored users' rights to opt out of being tracked on its Facebook and Instagram social media platforms.
NOYB argues that the only way for users to opt out of being tracked on Facebook and Instagram is to upgrade to a paid subscription, which is illegal. Under the EU's General Data Protection Regulation (GDPR), opting out of platform tracking should be as easy as opting in.
Currently, agreeing to be tracked on Facebook and Instagram platforms is as simple as a click, but revoking permission forces users to browse certain websites and accept a “privacy fee” for ad-free service.
From November 2023, to comply with GDPR, Meta will allow Facebook and Instagram users in Europe to subscribe to paid ad-free plans, where users can choose whether the platforms collect and use their data for targeted advertising.
The 'privacy fee' ranges from €9.99/month (for web users) to €12.99/month (for iOS and Android users). From March 1, users are expected to pay an additional €6/month (for web users) to €8/month (for iOS and Android users) per account.
“The law is clear, opting out should be as easy as giving consent,” said Massimiliano Gelmi, a lawyer for NOYB. “However, paying up to €251.88 a year to opt out is not as simple as clicking ‘OK’ to accept being tracked.”
In response, in a blog post, Meta claimed that paying for a service as an alternative to viewing ads is a well-established and economically viable business model across many industries. Therefore, Meta's offering of an ad-free service is 'the best solution to be compliant' and 'responds to the latest regulatory developments, guidance and court decisions issued by leading European regulators and courts in recent years'.
(according to Securitylab)
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