Violation of digital privacy laws in the European Union by Facebook and Instagram

The European Union accused Meta (Facebook, Instagram) on Monday of violating digital privacy rules with its payment model that keeps user data confidential. According to European Internal Market Commissioner Thierry Breton, Meta is forcing millions of users across the EU to choose between paying a monthly fee or consenting to the use of their data for advertising purposes. This, in the EU’s preliminary conclusion, violates the Digital Markets Act. The system adopted by Meta requires users to either pay a fee or accept their data being used for personalized advertising.

The European Commission stated that this binary option deprives users of a less personalized but equivalent version of Meta’s social networks. Meta will have the opportunity to respond to the Commission’s accusations, and if the Commission confirms its position on the model, Meta could face fines of up to 10% of its global revenues. The DMA is a key EU legislation aimed at regulating digital platforms, along with the Digital Services Act.

The Commission cannot force users to consent to the use of their data in exchange for accessing network services or functions. By the end of March 2025, the Commission will decide whether Meta’s model complies with the DMA or not. This issue is part of a larger debate around digital privacy and the responsibilities of tech giants in handling user data.