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Meta in the EU’s sights: “Agree or Pay” model

by Milan
July 2, 2024
in News
Meta EU

Photo by Unsplash / Dima Solomin

In today's digital world, data protection is paramount. The European Commission recently made an important decision that could have a major impact on Meta, the company behind Facebook and Instagram. It concerns the "agree or pay" model, where users must either agree to personalized advertising or pay a monthly subscription. According to the EU Commission, this model violates the Digital Markets Act (DMA).

Digitalisation has revolutionised our lives, but with the benefits come challenges, particularly in the area of data protection. Large technology companies like Meta are at the centre of this discussion. The Digital Markets Act (DMA) aims to create a level playing field and curb the power of so-called "gatekeepers". Meta's new model, which gives users the choice between personalised advertising and a paid subscription, has caught the attention of the EU Commission. This decision could be groundbreaking for the future of data protection in Europe.

Meta's “Agree or Pay” model

Meta has introduced a model where users must either consent to the use of their personal data for personalized advertising or alternatively pay a monthly fee. This model has led the European Commission to make a preliminary finding that it violates the Digital Markets Act (DMA). The EU Commission arguedthat Meta's approach does not give users the freedom to use their services without consenting to the use of their personal data. This contradicts the DMA, which requires that users receive the same services and features regardless of whether they consent to the use of their data or not.

Competitive advantage through size

Large technology companies such as Meta, which act as "gatekeepers", have a significant competitive advantage over smaller providers. Their size and reach allow them to collect extensive personal data and use it for personalized advertising. Smaller companies often do not have the same opportunities, which leads to unequal competition. The EU Commission emphasizes that Meta does not offer its users an equivalent alternative without the use of personal data. In order to comply with data protection regulations, users must have the option of choosing a service with less data processing that still offers the same functions.

Preliminary determination and possible consequences

The EU Commission has informed Meta of its preliminary findings. Meta now has the opportunity to examine the documents and submit a statement. The final decision is expected within twelve months of the opening of the procedure on March 25, 2024. If the Commission's preliminary opinion is confirmed, Meta could be forced to change its model. If it fails to comply, the company faces fines of up to ten percent of its annual global turnover. Repeated violations could result in even more severe sanctions, such as the sale of parts of the company.

Impact of the EU decision on the digital market and meta

The EU Commission's decision against Meta's "agree or pay" model underscores the importance of data protection and fair competition in the digital age. It remains to be seen how Meta will respond to this preliminary finding and what changes will be made. One thing is certain: this decision will have far-reaching implications for the future of data use and competition in the digital world. Stay informed to see how this important matter develops. (Photo by Unsplash / Dima Solomin)

  • Apple and the EU: The dispute over new features
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