BeReal, the popular selfie-sharing app, is facing a privacy complaint in Europe after it changed how it asks users to consent to tracking. The complaint, filed by the European privacy rights organization noyb, stems from a revised consent banner that appeared after BeReal’s acquisition by French mobile games publisher Voodoo in mid-2024. Noyb alleges that the app uses manipulative tactics, commonly known as “dark patterns,” to pressure users into consenting to ad tracking, which goes against the principles of the General Data Protection Regulation (GDPR), which mandates that consent must be freely given.
According to noyb, since July 2024, BeReal has shown European users a consent banner asking them to agree or refuse tracking. However, the issue arises after users interact with the banner. While users who accept tracking are no longer prompted again, those who refuse are repeatedly shown the banner every time they attempt to post. This continuous prompting creates an uncomfortable and frustrating experience, which noyb argues pressures users into consenting to tracking, even if they initially declined.
Noyb refers to this tactic as an example of “dark patterns,” designed to manipulate users’ decisions by making refusal burdensome. The group points to a 2022 guidance from the European Data Protection Board, which highlights that continuous prompts can wear users down, leading them to reluctantly consent to avoid the repeated interruptions. According to noyb, such tactics violate the GDPR’s requirement for consent to be freely given and not coerced or manipulated.
In response to the complaint, noyb has asked CNIL, France’s data protection authority, to investigate BeReal’s consent practices. The group is requesting that CNIL order the app to fix the flawed consent flow to ensure it complies with GDPR regulations and to delete any data collected using the current manipulative methods. Noyb has also urged the regulator to impose a fine on BeReal for its failure to respect users’ privacy rights. The outcome of this case could have significant implications for other apps employing similar tactics across Europe.
Reference:
