The European Data Protection Board criticized Meta’s fee-based opt-out option from behavioral advertising, stating that such freedom should typically be available without charge. Meta, previously known as Facebook, introduced the option in late 2023 in response to pressure from European data protection authorities. However, the EDPB asserted that opting out of personalized marketing should not require payment and should come with limited data processing.
Austrian privacy activist Max Schrems filed complaints against Meta, arguing that consent to online tracking cannot be considered “freely given” if it comes at a cost. Schrems emphasized that behavioral advertising without express consent infringes upon individuals’ right to privacy. The EDPB echoed this sentiment, emphasizing that individuals should not have to pay to enjoy their fundamental right to data protection.
The regulator plans to issue guidance on “pay or okay” consent after consulting with the industry. This move follows questioning from Norwegian, Dutch, and Hamburg data protection authorities about the validity of Meta’s subscription opt-out model. While Meta has previously stated that its payment model aligns with guidance from Europe’s highest court, it faces continued scrutiny over the balance between privacy rights and commercial interests.
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