What Happened:
Meta Platforms Ireland Ltd has filed a lawsuit against the European Data Protection Board (EDPB) with the Court of Justice of the European Union. Meta seeks to annul Opinion 08/2024, which addresses the validity of consent in the “Consent or Pay” models used by large online platforms. These models require users to either consent to personalized advertising and data tracking or pay an annual fee to protect their privacy.
Meta argues that the EDPB’s opinion disproportionately interferes with the freedom to conduct business, as guaranteed by Article 16 of the EU Charter of Fundamental Rights. Additionally, Meta contends that the opinion violates the principles of equal treatment and legal certainty, introducing new obligations that are not clearly outlined in the GDPR. This, Meta claims, creates legal uncertainty and disrupts their business operations.
Why It Matters:
The “Consent or Pay” model has been a subject of intense debate, with privacy advocates arguing that it undermines the principle of freely given consent required by the GDPR. Critics say that charging users up to €251.88 per year to opt out of data tracking does not provide a truly free choice, challenging the integrity of consent under EU law.
Meta’s lawsuit not only aims to annul the EDPB’s opinion but also seeks compensation for damages allegedly caused by the opinion. Meta further requests that the EDPB cover the costs of the legal proceedings. Although the EDPB’s opinion is non-binding, Meta is concerned about its potential impact on their business model and data processing practices.
This legal battle highlights the ongoing tension between major tech companies and European regulators over data privacy. The outcome of this case could significantly influence the future of consent models and data protection standards across the EU, reflecting the delicate balance between business interests and user rights.
See the full complaint here.
What Happened: Meta Platforms Ireland Ltd has filed a lawsuit against the European Data Protection Board (EDPB) with the Court of Justice of the European Union. Meta seeks to annul Opinion 08/2024, which addresses the validity of consent in the “Consent or Pay” models used by large online platforms. These models require users to either […]