European Data Protection Board (EDPB) Issues Binding Decision Prohibiting Meta from Targeted Advertising in the EU
The European Data Protection Board (EDPB), the independent data protection authority of the European Union (EU), has taken a significant step to protect user privacy. The EDPB has issued a binding decision that prohibits Meta, the parent company of Facebook and Instagram, from using the personal data of users for targeted advertisements across the European Economic Area (EEA).
This decision comes in response to a request from the Norwegian Data Protection Authority (DPA) to implement comprehensive measures that would affect the entire EEA. The EDPB has determined that a ban on data processing is necessary and has set a deadline for implementation. One week after the Irish Data Protection Commission (DPC) notifies Meta of the final measures, the ban on data processing will come into effect.
Anu Talus, Chair of the EDPB, highlighted the importance of this action. Previous binding decisions of the EDPB have clarified that the contract basis used by Meta for processing personal data for behavioral advertising is inadequate. Talus stated, “Already in December 2022, the EDPB Binding Decisions clarified that contract is not a suitable legal basis for the processing of personal data carried out by Meta for behavioral advertising.” She further noted that Meta has failed to demonstrate compliance with previous orders, and it is time for the company to bring its processing into compliance and cease unlawful processing.
This decision has significant implications for Meta’s operations in the EEA, where it has a substantial user base. It reflects the increasing scrutiny and regulatory measures being imposed on tech giants in relation to data privacy and advertising practices.
In response to the ban, Meta has announced its intention to introduce a subscription-based model. This model will allow users in the EU and EEA to choose an ad-free experience when using Facebook and Instagram. A Meta representative told the AFP, “Meta has already announced that we will give people in the EU and EEA the opportunity to consent and, in November, will offer a subscription model to comply with regulatory requirements.” The company has been engaged in active dialogue with the EDPB regarding its consent plan and seeks to arrive at a satisfactory outcome.
While Meta expresses disappointment in the EDPB’s decision, the company emphasizes that it has gone through a careful and robust regulatory process. They believe that this development unjustifiably ignores the efforts made in their compliance journey.
This decision by the EDPB serves as an important reminder of the growing importance of data privacy and the need for tech companies to prioritize user protection. As regulatory measures continue to evolve, it is crucial for companies to adapt their practices to meet these standards.
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