EDPB Warns Social Networks: Data Protection Should Not be a Paid Option

2024-04-17 19:54:27
In a highly anticipated opinion, the European Data Protection Board (EDPB) estimated this Wednesday April 17 that social network operators, led by Meta, must not “transform the fundamental right to data protection

Social network operators, led by Meta, must not “transform the fundamental right to data protection” into a “paid option” for their users, the European Data Protection Board (EDPB) said this 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,” said Anu Talus, president of the EDPB. Instagram, Facebook, Threads and others “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 stressed.

This highly anticipated opinion from the body which brings together the data protection authorities of EU countries – plus Norway, Iceland and Liechtenstein – targets the paid subscription formula launched by Meta. Since November, the American giant has offered European users of Facebook and Instagram the choice between continuing to use these services for free by agreeing to provide their personal data for targeted advertising purposes or paying a subscription to no longer see advertisements. 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.

Large platforms required to consider “an equivalent alternative at no cost”

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. But privacy advocates see it as an unfair practice and a violation of consumer rights. The EDPB’s opinion was requested by the data protection authorities of the Netherlands, Norway and the state of Hamburg, Germany.

In this paid subscription system, “most users consent to the processing of their data in order to use the service and do not understand all the implications of their choices,” indicates 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” for assessing the validity of the consent of users of online platforms within the framework of European data protection rules.

Finally, platform operators “must assess on a case-by-case basis whether (subscription) fees are an appropriate solution, and if so how much” and “ask themselves what negative consequences – exclusion from an important service, deprivation of “access to professional networks, loss of content, etc. – would result in a user refusing to pay these fees.”

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